Yep, the court could well rule that there is no case.But what if someone sues the school district arguing that its busing policies are discriminatory? The case just gets automatically thrown out because no one has jurisdiction?
Political question.But what if someone sues the school district arguing that its busing policies are discriminatory? The case just gets automatically thrown out because no one has jurisdiction?
Yep, the court could well rule that there is no case.
The whole line of questioning is dependent on the US Supreme Court accepting that Congress can strip it of jurisdiction. It either has jurisdiction or it doesn't . If it doesn't there is no case.For that reason, a liberal SCOTUS would probably strike down the act on the basis that if no jurisdiction is given for busing cases then this would undermine Brown v Board (the whole motivation behind busing was to enforce the Brown decision and desegregate schools).
And this is Virginia, a border state,“ . . . Virginia's ‘Massive Resistance’ plan emerged out of an August 1956 special session of the legislature called to consider these issues. The session pulled Virginia away from the Gray plan of local options and into a statewide program of defiant resistance . . . ”
The Supreme Court came down with the original Brown v. Board of Education on school desegregation on Monday, May 17, 1954.Someone has to have jurisdiction, otherwise busing cases would not be able to be tried! That would certainly be unconstitutional and the SCOTUS would simply strike down the law if no one is given jurisdiction in their place.
The Supreme Court came down with the original Brown v. Board of Education on school desegregation on Monday, May 17, 1954.
But it wasn’t implemented in southern states until about fourteen years later, and only partially at that.
Far from ideal.
What if he hadn't been - had simply banned busing by executive order?Ironically Nixon was more aggressive at enforcing it than Ike, JFK, or LBJ.