CONTENTS STATEMENTS OF MEMBERS Biden, Hon. Joseph R., Jr., a U.S. Senator from the State of Delaware. DeConcini, Hon. Dennis, a U.S. Senator from the State of Arizona... Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah, chairman, Subcommittee on the Constitution. Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina, Page Turner, James, Acting Assistant Attorney General for Civil Rights, Depart- ment of Justice, accompanied by Brian Hefferman, attorney, and Muriel Chambers Julius, president, NAACP, legal defense and education fund Taylor, William, director, Center for National Policy Review, Catholic Univer- Mathews, Hon. Jean, State representative, State of Missouri Curtis, Thomas, former professor of law, Lincoln University. D'Onofrio, William, president, National Association of Neighborhood Schools.. Arnold, Hon. John, State senator, State of Delaware..... Orfield, Prof. Gary, professor of political science, University of Illinois....................... "Human, Educational Gains Come With Desegregation," the Louisville 286 "A Study of Attitudes Toward Racial and Religious Minorities and Toward Women," Conducted by Louis Harris and Associates, Inc... "Research, Politics and the Antibusing Debate,” by Gary Orfield... "School Segregation and Housing Policy: The Role of Local and Federal Governments in Neighborhood Segregation," by Gary Orfield.. "Desegregation Fares Well," from the St. Louis Post-Dispatch, June 7, "Desegregation Year 1: 'All in all it was one of our best years,' from the St. Louis Globe-Democrat, June 6-7, 1981 "Denver Schools Are Better Than You Think," from the Denver Post "Will Separate Be More Equal?" by Gary Orfield. Responses to questions from Sen. Hatch "The Wrong-Way Bus Ride," by John H. Bunzel. Taylor, William: Testimony Prepared statement Desegregation and Achievement School Desegregation and White Flight....... Turner, James: Testimony 368 308 312 164 170 182 190 9 Exclusion from Neighborhood Schools of Children and Their Forced Busing for Integration: Unconstitutional Federal Tyrannies, by Sam J. Ervin, Report on Proposed Legislation to Limit the Authority of the Department of Justice to Recommend Busing as a Remedy in School Desegregation Cases... Social Science Testimony in the Desegregation Cases-A Reply to Professor The Message Is Loud: End Racial Busing, from the Washington Star, Dec. 1, Desegregation Is the Way Out, from the Washington Post, Mar. 24, 1981 Why Is Busing the Only Route? From the Washington Post, Sept. 4, 1981 The Problem Is "Forced" Busing, by D. L. Cuddy Legal Analysis of S. 528, 97th Cong. 1st Sess., The "Neighborhood School Act Legal analysis of amendment 69, as modified, to S. 951, The 1982 Department of Justice Authorizations Act, Regarding the Transportation of Students....... Page THE 14TH AMENDMENT AND SCHOOL BUSING THURSDAY, MAY 14, 1981 U.S. SENATE, SUBCOMMITTEE ON THE CONSTITUTION, Washington, D.C. The committee met, pursuant to notice, at 9:30 a.m., in room 5110, Dirksen Senate Office Building, Senator Orrin Hatch (chairman of the subcommittee) presiding. Present: Senators Biden, DeConcini, Thurmond, and Grassley. Staff present: Stephen Markman, general counsel; Pete Ormsby, professional staff assistant; Kim Beal, assistant clerk. Senator BIDEN [acting chairman]. The hearing will come to order. It is a slightly unusual procedure for the ranking member of the full Judiciary Committee on the minority side to begin a hearing on a subcommittee on which he is not a member, but by way of brief explanation, Senator Hatch and I are both conferees on the budget markup over at the Capitol. We have worked out a situation where I am going to give my OPENING STATEMENT OF JOSEPH R. BIDEN, JR., A U.S. Senator BIDEN. In my 8 years in the U.S. Senate, no issue has consumed more of my time and energies than the question of courtordered busing of students to achieve integration in our public school system. It is, of course, a matter of great concern to the citizens of my State as well as many of the large cities in the North and Midwest where cases are now pending for metropolitanwide interdistrict remedies. I use the words busing of students to achieve racial integration deliberately because I believe that the Federal courts have gone beyond their appropriate mandate in implementing the 14th amendment. The courts have taken it upon themselves to go beyond simply dismantling deliberate segregation as an illegal Government policy. They have gone on to attempting to force integration by reassigning students to achieve particular racial balances. Part of the reason for such judicial activism in this area, in my opinion, has been the failure of Congress to develop effective remedies for eliminating segregation. The Federal courts have preempted the other branches of the Government in interpreting the equal (1) |