March 28, 2024, 03:48:17 pm
Welcome,
Guest
. Please
login
or
register
.
1 Hour
1 Day
Forever
Login with username, password and session length
News
: Hunt for Lost City of Atlantis
http://news.bbc.co.uk/1/hi/world/europe/3227295.stm
Home
Help
Arcade
Gallery
Links
Staff List
Calendar
Login
Register
Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Admin
Atlantis Online
>
Forum
>
Modern Historical Mysteries
>
Modern History
>
Civil Rights
>
Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Admin
Pages: [
1
]
Go Down
« previous
next »
Print
Author
Topic: Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Admin (Read 92 times)
0 Members and 86 Guests are viewing this topic.
Aphrodite
Administrator
Superhero Member
Posts: 4607
Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Admin
«
on:
April 20, 2010, 07:13:25 am »
Report Spam
Logged
"He who controls others maybe powerful, but he who has mastered himself is mightier still.” - Lao Tsu
Aphrodite
Administrator
Superhero Member
Posts: 4607
Re: Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Admin
«
Reply #1
on:
April 20, 2010, 07:14:01 am »
Supreme Court, 9-0, Backs Busing to Combat South's Dual Schools, Rejecting Administration Stand
OPINION BY BURGER Segregation in North Based on Housing Is Not Affected
By Fred P. Graham
Special to The New York Times
RELATED HEADLINES
Change Foreseen: Lawyers Predict Big Rise in Integration in Southern Cities
Javits Accused by Ribicoff of 'Hypocrisy' on Schools
OTHER HEADLINES
Chinese Table Tennis Team to Visit U.S.: American Group's Leader Reports His Invitation Has Been Accepted
Agnew-Nixon Rift on China Is Denied: Vice President Said to Back Policy Despite Reports He Has Reservations
China's Changing Society Seems to Cut Birth Rate
Ceylon Said to Get 6 MIG's and Pilots to Combat Rebels
U.S. Encouraged by Israeli Move on Opening Canal: Says Proposals Clear Way for Talks on an Interim Middle East Settlement
Hopes Thin for the Millions Adrift Across Indochina
ConEd Says It Will Confine Ads To Urging Power Conservation
F.T.C. Plans Suit on Drug Merger: Antitrust Action Will Attack Acquisition of Parke, Davis by Warner-Lambert
Police Shift Tactics To Curb Heroin Sale
Washington, April 20 -- The Supreme Court unanimously upheld today the constitutionality of busing as a means to "dismantle the dual school systems" of the South.
But the Court made it clear that today's decision did not apply to Northern-style segregation, based on neighborhood patterns.
In a series of decisions written by Chief Justice Warren E. Burger and supported by the eight other Justices, the Court overrode the arguments of the Nixon Administration and the Justice Department, which had intervened on the side of Southern school systems in the four cases decided today.
Dismay Over U.S. View
To the dismay of the civil rights organizations and the delight of many white Southerners, the Justice Department lawyers had argued that Southern school systems should be allowed to assign students to schools in their own neighborhoods even if this resulted in slowing the pace of desegregation in the South.
Southern lawyers had contended that the Northern areas were permitted to have neighborhood schools and that it would be discriminatory of the South were not allowed the same "privilege."
"Desegregation plans cannot be limited to the walk-in school," the Court declared. It held that busing was proper unless "the time or distance is so great as to risk either the health of the children or significantly impinge on the educational process." Young children may be improper subjects for busing when the distances are long, the Court concluded.
Limits on Decision
The Court stopped short of ordering the elimination of all-black schools or of requiring racial balance in the schools. But is said that the existence of all-black schools created a presumption of discrimination and held that Federal district judges may use racial quotas as a guide in fashioning desegregation decrees.
This is expected to touch off a new wave of desegregation orders this summer in the cities of the South, where school segregation has persisted despite the 1954 Supreme Court decision that declared legally required segregation to be un-constitutional.
Chief Justice Burger excluded "de facto" segregation of the North from today's ruling by declaring, "We do not reach in this case the question whether a showing that school segregation is a consequence of other types of state action, with out any discriminatory action by the school authorities, is a constitutional violation requiring remedial action by a school desegregation decree."
The major portion of what Mr. Burger described as "guidelines, however imperfect, for the assistance of school authorities and courts" came in a 28-page opinion upholding a busing decree governing the joint school system in Charlotte-Mecklenburg County, N.C.
The court upheld the judgment of Federal District Judge James B. McMillan, who required massive cross-town busing of children in an effort to approximate in each elementary school the ratio of 71 per cent whites and 29 per cent blacks that exists in the entire school system.
Judge McMillan's ruling was overturned by the United States Court of Appeals for the Fourth Circuit on the grounds that it was unreasonable and burdensome. In upholding Judge McMillan, the Supreme Court stressed that the school board had failed to propose an acceptable plan and that this had forced him to produce his own plan.
In such cases a district court has "broad powers to fashion a remedy," the Supreme Court said. It said that Judge McMillan's solution was acceptable under those particular circumstances, although it did not mean that other judges were required to order similar measures.
The Court's guidelines contained the following points:
-Desegregation does not require that every school in every community must always reflect the racial composition of the school system as a whole. However, if a judge wished to use mathematical ratios, as Judge McMillan did, as a "starting point in the process of shaping a remedy," this may be within his equitable discretion.
-The existence of "some small numbers" of schools of one race, or virtually one race, is not alone proof of racial discrimination. "But in a system with a history of segregation" the courts may indulge in "a presumption against schools that are substantially disproportionate in their racial composition." If such school districts have any all-black schools, the burden will be on them "to satisfy the court that their racial composition is not the result of present or past discriminatory action on their part."
-It is not enough for school officials to draw school attendance lines that appear to be racially neutral. Officials must foster integration by such affirmative measures as gerrymandering school boundaries to include both races, pairing "white" and "Negro" schools, and drawing school zones that combine noncontiguous areas in racially diverse neighborhoods.
The authority of Federal courts to require the assignment of students on the basis of race to achieve integration is not affected by antibusing language in the Civil Rights Act of 1964. The courts' obligation is to enforce the 14th Amendment's declaration that no state shall "deny any person within its jurisdiction the equal protection of the laws."
Congress declared in the Civil Rights Act that it did not intend to enlarge the remedies of courts in enforcing the equal protection guarantee but that it also did not purport to diminish these remedies.
A companion case today concerned a ruling by the Supreme Court of Georgia, which upheld the contention by white parents in Athens, Ga., that school officials had violated the 14th Amendment by making racial assignments to achieve desegregation.
Chief Justice Burger said that, on the contrary, racial assignments were necessary to enforce the 14th Amendment rights by upsetting the segregated status quo.
Using similar reasoning in a third case, the Court declared unconstitutional an antibusing statute enacted by the North Carolina Legislature. A similar law passed by the New York Legislature has been declared unconstitutional by a three-judge Federal District Court and is pending before the Supreme Court.
In the fourth case the Court overturned the desegregation plan of Mobile, Ala., and ordered further desegregation. Mobile officials had avoided busing by adopting a neighborhood approach that left many Negroes in the eastern section of the city in predominantly black schools. The Court found this inadequate.
While the ruling today is its most sweeping school desegregation action since the 1954 case, it leaves some unanswered questions that may confound Federal District judges in the coming months.
The ruling said that "at some point" Southern school districts should have satisfied the 1954 ruling and become "unitary." However, it did not say how Southern communities would know when they had reached that point. Once there, the Court said the communities would not be "required to make year-by-year adjustments of the racial composition of student bodies."
The Court also did not say if communities can close their inner city schools and bus Negroes out, or, if they must bus children of both races equally.
But the most vexing aspect of the ruling is likely to be the broad discretion given to Federal District judges. Having been told that they must do more to break down racial imbalance but that they are not required to eliminate all "black" schools or achieve racial balance, any ruling is likely to be attacked as either too strong or too weak.
Jack Greenberg and James M. Nabrit 3d of the N.A.A.C.P. Legal Defense and Educational Fund, Inc., in New York, made the major arguments for more desegregation. Solicitor General Erwin N. Griswold presented the Government's argument.
Back to the top of this page.
Back to today's page.
Go to another day.
Front Page Image Provided by UMI
Copyright 2010 The New York Times Company
Children's Privacy Notice
Report Spam
Logged
"He who controls others maybe powerful, but he who has mastered himself is mightier still.” - Lao Tsu
Pages: [
1
]
Go Up
Print
« previous
next »
Jump to:
Please select a destination:
-----------------------------
Atlantis Online - Messages
-----------------------------
=> Messages
=> Administrative Messages
=> Commemorating Dates in History
=> Alerts & Warnings
=> Upcoming Events, Releases & Ads
=> Television: Shows & Events
-----------------------------
the Coffee Shop
-----------------------------
=> the Coffee Shop
=> Atlantis: Polls & News
=> Poltical Alerts
=> Causes & Activism
-----------------------------
Videos, Documentaries & Online Movies
-----------------------------
=> Ancient History & Lost Civilizations
=> Ghosts, UFOs & the Esoteric
=> Music, Entertainment & the Arts
=> Conspiracies & Suppressed Knowledge
=> Documentary & Videos
-----------------------------
Ages of the Earth
-----------------------------
=> The Early Earth, Geology & Fossils
=> Dinosaurs
=> Catastrophes & Mass Extinctions
=> Ice Age
=> Humanity's Origins & Civilization's First Steps
-----------------------------
Mythology & Heroic Sagas of Culture & Myth
-----------------------------
=> Mythology
=> Greek Mythology
=> Arthurian Myth
=> Quest for King Arthur
-----------------------------
Atlantis
-----------------------------
=> Atlantis & the Atlantic Ocean
=> Atlantis: Theories & Speculation
=> Plato's Atlantis
=> the Scientific Atlantis
=> Geology & Atlantis
=> Atlantis & the New Age
=> Atlantis in the Media
-----------------------------
Satellite Discoveries & Alternate Archaeology
-----------------------------
=> Alternate Archaeology
=> Satellite Discoveries & Aerial Archaeology
=> the Bock Saga
-----------------------------
Maps, Explorers & Adventurers
-----------------------------
=> the Oceans
=> Islands
=> the Bahamas, Bermuda, Cuba & the West Indies
=> Explorers & Adventurers
=> Maps, Cartographers & Cartography
-----------------------------
Egypt & the Pyramids
-----------------------------
=> Gods of Egypt
=> Egypt & the Pyramids
=> the Giza Complex
=> the Dynasties of Egypt
=> Egypt: Latest Discoveries
-----------------------------
the Guanches, Basques, Berbers & Sea People
-----------------------------
=> Guanches, Basques & Berbers
=> Pirates, Phantom Islands & Stories of the Sea
=> the Sea People
-----------------------------
the Ancient World
-----------------------------
=> Neolithic Europe
=> Stonehenge & the Druids
=> the Library of Alexandria, Ancient Historians & Philosophers
=> Ancient Warfare
=> the Spartans
-----------------------------
the Dawn of Civilization
-----------------------------
=> Africa, the Cradle of Life
=> China & the Asian Empires
=> Eastern Mysticism, India, & the Ancient Far East
=> Zoroastrianism, Arabia & the Near East
=> the Sumerians
=> Ancient Asia Minor
=> Hawaii, Australia, Alaska & the Pacific Rim
-----------------------------
Ancient Mediterranean Cultures
-----------------------------
=> Minoan Crete
=> Phoenicians & Carthage
=> Mediterranean Islands
=> Israelities & the Kabbalah
=> Etruscans
=> Ancient Greece
=> Rome: Empire & Republic
-----------------------------
Ancient European Cultures
-----------------------------
=> The Picts & Celts
=> Ireland: History & Myths
=> Balkan History
=> Italy & Magna Graecia
=> the Vikings & Scandinavia
=> Germanic History
-----------------------------
Timelines of Ancient Europe
-----------------------------
=> History of Britain
=> Scotland: in History & Lore
=> Continental Europe: Past & Present
=> the Dark Ages
=> the Medieval World
=> The Renaissance
-----------------------------
the Ancient Americas
-----------------------------
=> the Ancient Americas
=> Peru: Mysteries & Prehistory
=> Mesoamerican & South American Cultures
===> Aztec
===> Incan
===> Olmec
===> Toltec & Teotihuacan
=> Mayan
=> Native American
=> Canada: Past & Present
-----------------------------
The Crusades, Templars & the Holy Grail
-----------------------------
=> the Crusades
=> the Knights Templar
=> The Holy Grail & Christian artifacts
=> The Sacred Feminine, the Cathars & Gnosticism
=> the Da Vinci Code
-----------------------------
Ancient Mysteries
-----------------------------
=> Philosophy
=> Ancient Mysteries
=> Lemuria, Mu & other sunken civilizations
=> Easter Island
=> Oak Island
-----------------------------
Archaeology & Anthropology
-----------------------------
=> Museums & Universities
=> Archaeology
=> Ancient Languages
=> Archaeological News
=> Underwater Archaeology
-----------------------------
Ancient Knowledge, Mysticism & Sacred Beliefs
-----------------------------
=> Ley Lines, Ancient Astronomy & Archeoastronomy
=> Prophecy, 2012, End Times & the End of the World
=> Sacred Symbols
=> The Ancient Arts: Astrology, Alchemy, the Tarot, Arcane Recondite Practices & the I Ching
-----------------------------
Search for the Sacred
-----------------------------
=> Angels & Angelology
=> Goddess Worship
=> Search for the Sacred
=> World Religions
=> the Urantia Book
=> Wicca, Witchcraft, Paganism & Ritual Magic
-----------------------------
Health & Healing
-----------------------------
=> Health, Healing & Medical News
=> Human Biology
=> Love & Relationships
=> Women's Studies
-----------------------------
Science & Technology
-----------------------------
=> Science, Physics & Technology
=> History of Science
=> Evolution vs. Intelligent Design
=> Human Genetics
-----------------------------
Earth Changes
-----------------------------
=> Earth Changes
=> Global Warming
=> Botany & Plant Life
===> Plants of the Americas that Changed the World
=> Antarctica & the Arctic
-----------------------------
Space
-----------------------------
=> NASA
=> Mars, the Red Planet
=> Life on Other Worlds
=> the Universe
=> Images from Space
-----------------------------
UFOs, Aliens & Future Science
-----------------------------
=> UFO's
=> Aliens & Alien Abduction
=> UFO Evidence & in the Media
=> Alternate History & Multiverses
=> Future Science
=> Time Travel
-----------------------------
the Occult
-----------------------------
=> Ghosts & Apparitions
=> Communicating with the Dead
=> Paranormal Events, Reincarnation & Near Death Experiences
=> the Enchanted World
=> the Supernatural
=> the Occult
-----------------------------
the Unexplained
-----------------------------
=> Cryptozoology
=> Bigfoot Sightings
=> the Unexplained
=> the Hollow Earth, Crop Circles, Strange Structures & Devices
=> Vanishings & Unsolved Murders
-----------------------------
Science Fiction & Fantasy
-----------------------------
=> Lord of the Rings
=> Science Fiction
=> King Kong, Gigantopithecus & the Mountain Gorilla
=> Godzilla, King of Monsters
=> Comic Books
===> Comic Book Creators
===> Videogames & Toys
-----------------------------
Halloween & Seasonal
-----------------------------
=> Halloween
=> Seasonal
=> Monsters of Myth, Movies & Folklore
=> Ghost Stories
=> the Zombie Apocalypse
-----------------------------
Genres of Film & Literature
-----------------------------
=> Universal Horror
=> H. P. Lovecraft
=> Horror
=> Dark Shadows
=> Twin Peaks
=> Online Horror Movies Sci-Fi & TV Series
-----------------------------
Arts & Literature
-----------------------------
=> Online Books & Research Papers
=> Classical Literature & Book Reviews
=> Art History
=> Architecture
=> Sculpture & Statuary
=> the Great Masters
=> Music
-----------------------------
Media & Film
-----------------------------
=> Cinema
=> the History of Film
=> Marilyn Monroe
=> Actresses & Models
=> Entertainment News
-----------------------------
Modern Historical Mysteries
-----------------------------
=> American History
===> Presidents of the United States
=> the World Wars
===> the Great Depression
=> the Holocaust
=> the Middle East: Past & Present
=> Modern History
===> the Industrial Age
===> Civil Rights
=> Great Cities of the World
=> the Kennedys: Their History & Assasinations
=> New York City: Then & Now
-----------------------------
September 11th, 2001
-----------------------------
=> September 11th: Conspiracies, Cover-ups & Remembrance
=> The World Trade Center Remembered
===> Life of the Twin Towers
=> Modern Warfare
=> Environmental Disasters & Mass Tragedies
-----------------------------
Suppressed Knowledge
-----------------------------
=> New World Order
=> Conspiracies
=> Suppressed Knowledge
=> Media Matters
-----------------------------
Politics
-----------------------------
=> the Barack Obama Administration
=> Conservatives, Trump, & Republican Politics
=> Joe Biden, Democratic Politics & News
=> Tea Party, Constitution, Libertarian Parties & Ron Paul
=> Politics & News
-----------------------------
Current Events
-----------------------------
=> Current Events & Odd Stories
=> The World Today
=> Financial News & the Economy
===> The History of Labor
=> Breaking News
-----------------------------
General Category
-----------------------------
=> Opinions & Editorials
=> Cartoons, Humor & Comic Strips
=> Ecology, Pets & the Animal Kingdom
=> General & Miscellaneous
=> Sports
=> Computers & the Internet
-----------------------------
Art, Graphics & Creative Writing
-----------------------------
=> Fantasy Art & Graphics
=> Creative Writing
===> Horror Fiction
=> Poetry
=> Photography & Models
=> Earth Images
-----------------------------
Past Events
-----------------------------
=> Case for Bush Impeachment/War Crimes
===> Bush Administration Torture Scandal
=> Campaign 2008
=> Atlantis Online - Memorial & Biography
===> Atlantis Online - Old Posts
Powered by
EzPortal
Loading...