Busing —Not Integration— Opposed: Invoke Our Color-Blind Constitution to End It / Chapter Five |
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Busing Advocacy Is Understandable, but Without Understanding |
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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 |
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Bolling | Bolling v. Sharpe, 347 U.S. 497 (1954) [consolidated into Brown II] Washington, D.C. |
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— Busing: Chapter 5, pages 67 - 80 — | ||||||||||||||||||||
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