However, in Swann, in which the affirmative action authorized by Green was extended to city districts, the Court by doing so only on a temporary basis implicitly recognized its extraordinariness. And its temporariness was reemphasized again in Freeman, 112 S.Ct. at 1445, in these words:

Returning schools to the control of local authorities at the earliest practicable date is essential to restore their true accountability in our governmental system.

Thus, judicial restraint at this point in the proceedings is called for in the manner expressed by Chief Justice (then-Justice) Harlan F. Stone in United States v. Butler, 297 U.S. 1,78-79 (1936):

(W)hile unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint.

In the exercise of judicial restraint, it is appropriate now to consider the implications of the drastic extension of Brown by Green not considered in the latter opinion. One of those implications is the continuing of federal judicial affirmative control over a state legislative entity contrary to the concept of federalism.

The federalism concept evolved from the Constitutional Convention in May 1787 when fifty-five delegates from twelve states met in Philadelphia to revise their form of confederation. These delegates had received their accreditation from the citizens of twelve independent states, each of which was protective of the liberty they provided their citizenry, and they were not disposed to grant any more power to a central government than necessary to attain the security sought.

To win approval, the Framers designed a federal government limited to specific powers of a national character under a proposed Constitution submitted to the citizens of the thirteen original states. Even so, there was considerable reluctance on the part of many state citizens to grant power to a central government. Much of the concern centered upon the power which the newly established federal legislative and