Liberate Public Schools
from Government by Lawsuit  /  Foreword

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“desegregation” class actions if democratic processes are to be restored to them. Toward this end, San Diego Groundswell constituents offer their experience to others similarly determined to remain in their school districts, and assert their constitutional rights in those cases. All this is part of propelling solutions to Justice Scalia's query in a case which ended court jurisdiction over student assignments in a Georgia school district, as to how jurisdiction over many other districts in the country could be ended:

... [W]hat is to be done in the vast majority of other districts, where, though our cases continue to profess that judicial oversight of school operation is a temporary expedient, democratic processes remain suspended, with no prospect of restoration, 38 years after Brown v. Board of Education....

Freeman v. Pitts 112 S.Ct. at 1450 (concurring opinion, 1992)

The answer to this query by the Groundswell Intervenors is that the “people” constituents of those boards must gain entry into and present their constitutional rights in these lawsuits, as did the “people” represented by Lawyer Jackson.

In combination with Busing — Opposed,  Liberate Public Schools advances the means by which the people can restore democratic processes where “desegregation” class actions are still pending at this writing forty-six years after Brown v. Board of Education. These means rest upon a “separation of powers” foundation, emanating from a historic enactment in 1780 in the Massachusetts Constitution, called by Thomas James Norton in The Constitution of the United States: Its Sources and Its Application (p.x), “a classic statement of the American theory of the division of governmental powers:”

In the government of this commonwealth the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them — to the end that it may be a government of laws and not of men.  [emphasis in text]    Intro - Anatomy of Carlin case



Brown I Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
Topeka, Kansas
Freeman Freeman v. Pitts, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
Enstrom: filed amici curiae brief
  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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