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

  
78
Busing Advocacy Is Understandable,
but Without Understanding
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      enforced it with federal troops in line with his duty, as emphasized by his assistant attorney general:
        ... (N)one can be in any doubt in the future as to the course that the President — any President — must follow when the troops of a state are used to nullify the Constitution and laws of the United States, as interpreted by the Supreme Court, and to deny the orders of the courts of the United States. No President can abandon the positions taken and sustained by Abraham Lincoln through four years of bitter Civil War.

      The significance of the President's action is that the grand design commands the respect of the most powerful as well as the least powerful regardless of how they might feel about the judicial rationale of the decision they must follow. The separate independent judicial branch created by the design is particularly important to the powerless, for as Madison said in The Federalist No. 47:

        The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.

      By the division of governing powers, such an accumulation of powers is prevented, particularly by the traditionally more powerful legislative and executive branches.

      As Justice Stone put it in a 1936 dissent in United States v. Butler, "...unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint...." So is such an exercise by the states subject to Supreme Court restraint under the Supremacy Clause making the Constitution the supreme law of the land.

      The design also removes temptation to violate the law from the most powerful, as well as the less powerful, by providing peaceful means of changing it. First, there is
       

Butler United States v. Butler, 297 U.S. 1 (1936)
  
  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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