|Liberate Public Schools
from Government by Lawsuit
Improvement of the education of all their children is at the forefront of the challenges facing the people of United States at the start of the year 2000. The author introduced one answer to that challenge on July 1, 1998 by way of his book, Busing —Not Integration— Opposed: Invoke Our Color-Blind Constitution to End It. That book was designed to enable the people to restore their voice in the education of their children that has been lost by reason of the existence of, or the threat of, government of their school districts by lawsuit.
Busing — Opposed invites invocation of the Constitution to end assignment of students to racially balance public schools by their administrators, under purported judicial authority. It shows how such an exercise of authority came to become relied upon. It submits that its continued exercise in desegregation lawsuits is unconstitutional, and why it is, under recent court decisions; yet the practice continues throughout the country by school boards in countless class actions maintained by busing proponents for that purpose.
There is mounting evidence that the people are calling, for both constitutional and educational reasons, upon their school boards to discontinue racially discriminatory assignments. Additionally, recent decisions reflect that, upon applications by individuals, the courts are ending such assignments.
But to accomplish those ends, the people against whom these discriminatory actions are pending must get into the loop of the litigation process from which those actions emanate. For they are left out of that loop from the start by virtue of the nature of these actions. The actions generally are filed by civil rights attorneys for a class of students and their parents pressing racial balancing upon boards of education, whose members of course are not affected by such assignments as are their non-class constituents. Yet the latter in these pending actions have lacked a separate voice in the proceedings leading to discriminatory assignments.
|To facilitate referencing, online pagination matches the printed book.|
|— Liberate: Foreword, pages v - ix —|