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STATEMENTS OF MEMBERS
ment of Justice, accompanied by Brian Hefferman, attorney, and Muriel
Newspaper articles and additional materials .......
"Human, Educational Gains Come With Desegregation,” the Louisville
Times, May 13, 1980..
March 9, 1980 ....
“School Segregation and Housing Policy: The Role of Local and Federal
Governments in Neighborhood Segregation,” by Gary Orfield ....
Social Science Testimony in the Desegregation Cases-A Reply to Professor
Kenneth Clark, by Ernest Van Den Haag .......
THE 14TH AMENDMENT AND SCHOOL BUSING
THURSDAY, MAY 14, 1981
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