Liberate Public Schools
from Government by Lawsuit  /  Foreword
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Busing — Opposed is presented. Liberate Public Schools from Government by Lawsuit chronologically shows how the non-class constituents (Groundswell) of the San Diego Board of Education were able to assert their constitutional rights and end a desegregation class action entitled Carlin v. Board of Education. They brought about an end to the litigation and henceforth can meaningfully address the Board on its programs.

These two books are aimed at violations of the Constitution, not lawful voluntary steps toward integration, in public schools. One of the fundamental principles guiding the author's intervening Groundswell clients was stated by the author of Brown v. Board of Education:

Again the Court was unaninous in its decision of May 31, 1955, reaffirming its earlier decision of May 17, 1954, by asserting the fundamental principle that any kind of racial discrimination in public education is unconstitutional, and that all provisions of federal, state, or local law requiring or permitting such discrimination must yield to this principle.

The Memoirs of Earl Warren
(Doubleday, 1977, pp. 287-288)

Underpinning this opposition to “reverse” discrimination in lawsuits from the start has been the “separation of powers” doctrine, as stated in his September 1977 commentary, “Busing, Not Integration, Opposed” in The San Diego Union, annexed as Appendix 1:

In other words, the courts are judicially legislating forced busing without the consent of those whose children are being bused, contrary to the division of powers provisions of the U.S. and California Constitutions.

At that time, the author recalled the opposition to an earlier use of judicial power by opponents of the “New Deal” to veto legislation:

... A constitutional crisis was created then by the exercise of (judicial) power to veto legislation which the President and many others claimed impinged on the legislative branch.    Next


Brown I Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
Topeka, Kansas
Brown II Brown v. Board of Education of Topeka, 349 U.S. 294 (1955)
Topeka, Kansas
Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
Enstrom: pro bono counsel, 1979-1998
  Liberate: Foreword, pages v - ix — Previous Next

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
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