The Court Vs. Congress

The Court Vs. Congress

Author: Edward Keynes

Publisher:

Published: 1989

Total Pages: 432

ISBN-13:

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Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.


Boston Against Busing

Boston Against Busing

Author: Ronald P. Formisano

Publisher: Univ of North Carolina Press

Published: 2012-01-01

Total Pages: 382

ISBN-13: 0807869708

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Perhaps the most spectacular reaction to court-ordered busing in the 1970s occurred in Boston, where there was intense and protracted protest. Ron Formisano explores the sources of white opposition to school desegregation. Racism was a key factor, Formisano argues, but racial prejudice alone cannot explain the movement. Class resentment, ethnic rivalries, and the defense of neighborhood turf all played powerful roles in the protest. In a new epilogue, Formisano brings the story up to the present day, describing the end of desegregation orders in Boston and other cities. He also examines the nationwide trend toward the resegregation of schools, which he explains is the result of Supreme Court decisions, attacks on affirmative action, white flight, and other factors. He closes with a brief look at the few school districts that have attempted to base school assignment policies on class or economic status.