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

  
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Invoke Our Color-Blind Constitution
to End Busing
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The Court can take judicial notice of the financial inability of innocent, bystanding, dissenting students to individually intervene until receiving pro bono assistance now to assert their constitutional rights in a proceeding over 20 years old (just as the Carlin Court did in a case then over 13 years old). See Chapter Six.

The Supreme Court in recognizing a constitutional right of privacy in Griswold v. State of Connecticut, 381 U.S. 479, quoted the 9th Amendment in support of its decision (Id. at 484):

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Griswold reaffirmed the rulings in two cases involving students, Pierce, 268 U.S. 510, and Meyer, 262 U.S. 390, as supportive of its recognition (381 U.S. at 481-3) of the right to privacy under the facts before it.

Meyer, in preventing Nebraska from prohibiting foreign-language instruction in its public and private schools, made the point in an analogy that a desirable end cannot be promoted by prohibited means (262 U.S. at 402):

      In order to submerge the individual and develop ideal citizens, Sparta assembled the males at seven into barracks and intrusted their subsequent education and training to official guardians. Although such measures have been deliberately approved by men of great genius their ideas touching the relation between individual and state were wholly different from those upon which our institutions rest; and it hardly will be affirmed that any Legislature could impose such restrictions upon the people of a state without doing violence to both letter and spirit of the Constitution.

That analogy is just as appropriate with reference to the racial assignment of unwilling students of a tender age to schools away from their home / neighborhood - school environs.
 

Meyer Meyer v. State of Nebraska, 262 U.S. 390 (1923)
 
Pierce Pierce v. Society of Sisters, 268 U. S. 510 (1925)
 
Griswold Griswold v. State of Connecticut, 381 U.S. 479 (1965)
 
Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
  
  Busing: Chapter 7, pages 100 - 130 — 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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