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

  
79
Busing Advocacy Is Understandable,
but Without Understanding
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    the amendment process, which is sufficiently difficult to protect individual rights of the least powerful, but not so difficult as to prevent passage of truly needed amendments. The less powerful have the constitutional rights of free speech, of peaceable assembly, of petition, and of the ballot to influence legislators to transform their views into law. Congress can enact, amend and repeal laws in accordance with changes in majority opinion, while the President has the power of veto and of proposing laws. Finally, all persons, great and small, can use the above illustrated litigative method to assure that the enactment and enforcement of the laws are in accordance with the Constitution.

    Justice Stone also expressed concern about the abuse of the justices' power of constitutional interpretation in that dissent to the Butler decision, which nullified the Agricultural Adjustment Act, noting "the only check upon our own exercise of power is our own sense of self-restraint." President Franklin Roosevelt publicly criticized this decision and others invalidating New Deal legislation as usurping legislative functions. The Court responded by practicing self-restraint in upholding legislation similar to that earlier declared unconstitutional, and efforts to curtail the power of the Court ceased.

    Justice Stone was calling for reciprocal respect for the powers of the legislature and executive by the exercise of judicial restraint. As he said, there is no immediate check on the high court's nationally respected power to rule particular actions of other federal branches and of the States unconstitutional. But the design offers solutions in the unlikely event that any abuse of the power of judicial review does not cease in response to literate dissent, or public opinion, or the President's filling of vacancies with justices having the Stone philosophy. There is the power of Congress to make exceptions to the Court's jurisdiction and to impeach, and of the populace to amend the Constitution. This ability to meet contingencies is another reason for the respect
     

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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