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CONTENTS

STATEMENTS OF MEMBERS

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Glazer, Prof. Nathan:

Testimony ....

Prepared statement .........

Graglia, Prof. Lino A.:

Testimony .......

Prepared statement ...

Mathews, Hon. Jean:

Testimony .......

Newspaper articles and additional materials .......

Orfield, Prof. Gary:

Testimony ......

Prepared statement

"Human, Educational Gains Come With Desegregation,” the Louisville

Times, May 13, 1980..
"Some Pupils Who Fled Return to Public School,” Sunday News Journal,

March 9, 1980 ....

“Whites, Blacks Split on Busing Issue,” by George Gallup ..........

“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,

1981

“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 ...

.........

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THE 14TH AMENDMENT AND SCHOOL BUSING

THURSDAY, MAY 14, 1981

U.S. SENATE,
SUBCOMMITTEE ON THE CONSTITUTION,
COMMITTEE ON THE JUDICIARY,

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 and return to the budget conference where the Democrats need a little more help. By the time I am finished, Senator Hatch will be here to begin hearing the witness list. I have an opening statement I would like to proceed with. OPENING STATEMENT OF JOSEPH R. BIDEN, JR., A U.S.

SENATOR FROM DELAWARE 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

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