Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Five

  
71
Busing Advocacy Is Understandable,
but Without Understanding
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      protections for individual liberties. This objection was met on December 15, 1791, when Amendments One through Ten, known as the Bill of Rights, were ratified. They had been proposed under the Amendments Clause (Article V) by the First Congress at its first session in New York in September, 1789.

      In addition to the Article I, Section 9, "privilege of the writ of habeas corpus" the Bill of Rights included these promises (omitting reference to Amendments IV and VI referred to in my original article):

        Amendment I: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the government for a redress of grievances."

        Amendment V: "No person... shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law...."

(The Due Process Clause of the 5th Amendment, of course, was the basis of the Bolling decision abolishing racial discrimination against blacks in the public schools in the District of Columbia.)

    Preceding constitutional language sanctioning while not mentioning slavery in certain States, which would make these hollow words to persons then in bondage, had concerned many of the Framers. There was a growing sentiment against slavery implicitly recognized by the Article I, Section 9, provision preventing prohibition of importation of slaves by the new Congress until 1808. But deferring the issue of slavery to posterity allowed the creation, not otherwise possible, of the Constitution. In the context of the times, typified by serfdom in Russia and tribalism in Africa, it was not flawed. And without that Constitution, individuals and
     

Bolling Bolling v. Sharpe, 347 U.S. 497 (1954)
[consolidated into Brown II]
Washington, D.C.
  
  Busing: Chapter 5, pages 67 - 80 — PreviousNext
  
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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