I School Desegregation -- HEW Guidelines and the Courts

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I School Desegregation -- HEW Guidelines and the Courts RIPON I OCTOBER, 1970 VOl. VI No. 10 ONE DOLLAR MICHAEL S. LOTTMAN School Desegregation - - HEW Guidelines and the Courts ALSO THIS MONTH I The U.S. Army in Europe Edward L. King Political Parties: A Dose of Self-R'eform D Tony Stewart Combating' Housing Abandonment Charles E Goodell SUMMARY OF CONTENTS THE RIPON SOCIETY, INC. ~.IC: 0':::::~':;':11 :b m:~~ EDITORIAL -8 bers are young business, academic and professional men and women. It has nationai headquarters in Cambridge, Massachusatts, chapters In el_ cities, National Associate members throughout the fifty states, and several affiliated groups 01 subchapter status. The Society Is supported by chapter STATE SPOTLIGHT dues, Individual contributions and revenues from lis publications and con· tract work. The Societr offers the following options for annual contribu­ Focus on New Jersey, where Nelson Gross is edging tion: Contributor $25 or more; Sustalner $100 or more; Founder $1000 rightward to outflank a third party conservative and Jr more. Inquiries about membership and chapter organization should be James Shue seeks to for~e a GOP urban coalition; and addressed to the National Executive Director. Rhode Island, where Jesuit John McLaughlin is producing NATIONAL GOVERNING BOARD political miracles against Senator Pastore. -5 OffIcers • Josiah Lee Auspitz, PresIdent "Howard F. Gillette, Jr., Cbalrman of the Board WASHINGTON VIEWPOINT "Bruca K. Chapman, Chairman of the Eae;utlve Commltt811 How the proliferation of moderate anti-war groups ·Mlchael F. Brewer, VICU-Presldent can coordinate their efforts to achieve not only scattered "Robert L. Beal, Treasurer electoral success, but also an unconventional, bipartisan, °Rlchard E. Beeman, Secreta.., multi-class political strategy that will convert Middle Boston Pbil.tdelpbla America on the long-range issues of peace and priorities. • Robert Gulick "Richard R. Block Martin A. Linsky Ch3rles Day -9 Michael W. Christian Roger Whittlesey Cambridge Seattle THE U.S. ARMY IN EUROPE • Robert Davidson "Thomas A. Alberg David A. Reil Camden Hail The U.S. Army in Europe is overstaffed, top-heavy Rhea Kemble William Rodgers and pampered; it is also unprepared to fight a "con­ Chicago ·R. Quincy White, Jr. Washington ventional" war without the use of "tactical" nuclear 'Harold S. Russell "Patricia A. (lo:dman weapons. Edward L. KIng believes it is time we stream­ Staphell Herbits George H. Walker III Linda K. Lee lined organization in terms of cost and manpower utili­ Dallas zation and examined the mission we might just be forced • Nell D. Anderson At Large Howard L. Abramson "·Christopher T. Bly!ey to carry out. -10 Robert A. Wilson Thomas A. Brown Hartford Richard M. Conley • Nicholas Norton Christopher DeMuth SCHOOL INTEGRATION: HEW & THE COURTS Robert G. Smith Bruca D. fraser William J. McKinney, Jr. Emil H. Frankel Busing, neighborhood schools, guidelines, percentages! Ralph J. Heikkinen School desegregation has become not only an emotional Los Angeles Paul Leach "Lee W. Huebner issue but a bureaucratic disaster and a political foot­ New Hmm Philip C. Johnston ball Michael S. Lottman traces the shameful vacillation ·Harward L. Draper WII lam J. Kilberg of the present (as well as the previous) Administration. Deke Karzon ." J. Eugene Marans Paul C. Capra Thomas E. Petri He concludes that the only effective means to gain and New York •• John R. Prlca, Jr. enforce the elimination of dual schools is court action. ·Richard Zimmer Clair W. kodgers, Jr. No instant integration is promised, but at least the Werner Kuhn •• John S. Saloma iii courts can spare us the political meddling and the end­ Marianne Magocsl Frank E. Samuel, Jr. less negotiability involved in the HEW guidelines. -18 Ea·OffIclo At Large oRobert D. Behn, National Eaecutlve Dlractor Howard L .Reltar, Editor of tha Ripon FORUM BUILDING THE ALABAMA GOP William G. Rogers, Research Director Terry A. Barnett, Political Director Bert Nettles, the lone Republican state legislator Christopher W. Seal, Poller Chairman from the "Heart of Dixie," replies to Michael Lottman's •• Peter J. Wa!lison, Finance Chairman • National Eaecutlwe Commlttae Member chapter on Alabama in "The GOP and the South." His "Peat PresIdent. Chairman of tha Board, or ChaIrman of the EaecutJ" projections, if realized, would indicate a stellar future Commlttae for the party of Lincoln in the land of Wallace. -20 THE RIPON FORUM Is published monthly by the Ripon So- ciety, Inc., 14& Eliot Street. Cambridge. Massachusatts 02138. Second class postage rates psld at Boston Massa­ HOW TO REFORM OUR POLITICAL PARTIES chusetJs. Contanls are copyrighted © 1970 by the Ripon Society. Inc. Correspondence addressed to the Editor Is welcomed. The political events of 1968 seemed proof enough In publishing this magazine tbe Ripon Socletr seeks to pravlde a that Americans expected the Democratic and the Republi­ forum for fresh Ideas, well· researched proposals and for a spirit of criticism, can parties to reform themselves. At the halfway mark innovation, and Independent thinking within the Rapubllcan Party. Articles to the 1972 conventions, both appear to have taken tenta­ do not necessarily represent the opinion of the Netlonal Governing Board or the Editoriel Board of the Ripon Socletr, unless they ara explicitly eo tive steps to change the way they choose party officials labelled. and party nominees. Unfortunately, the GOP, so tiar, has lagged far behind the well-publicized example of the SUBSCRIPTION RATES are $10 a year, $5 for students, serviceman and for Peece Corps, Vista and other volunt8llrs. Overseas air mail. $10 McGovern Commission. With an eye for the RNC, extra. Advertising rates on request. D. Tony Stewart offers a plan to 'achieve equalitarianism in these most archaic and undemocratic institutions. Editor: Howard L. Reiter -21 MauagJDg Editor: Evel", F. Ellis Consulting Editor: Mlcheel S. Lottman TacJmlcal Editor: John Woodman ONE PERCENT CLUB BY-LAWS -24 Centrlbuton: Christopher W. Beal, Duncan K. Foley, Pblllp C. Johnson, . Douglas Matthews, William D. Phelan, Jr •• David Omar Whlta. CIrcaJatJon Dept.: Hope Fellows PUIBLICATIONS PAGE -26 Correspondents Arthur F. McClure. II. M1SSDUr1 Mrs. Barbara Mooney, Conn. WIlliam Harding, NeIIrasJuI Maggie Nichols, California Charles O. Ingraham. New York 14A ELIOT STREET -27 Alex M. Hehmeyer, No. Calif. Deryl Howard, North Carolina James F. McCollum, Jr•• florida Henri Pell Junod, Ohlci Cullen Hammond, GeorgIa William K. Woods. OhIo Michael McCrary. ldabo Stephen Jones, ~ GUEST EDITORIAL Ben Violette, Illluols Eric R. Blackledge, Oragou Senator Obar'les E. Goodell of New York discusses J. Kenneth Doke. ludlana Richard Ober, Jr•• Pennsrlwanla Terrence Dwyer, Iowa Donato Andre D'Andrea, R. I. two excellent bills he has introduced to combat housing Eric Karnes, Kentucky Bruca M. Selya Rbode IsJend abandonment. Rehabilitation of neighboorhoods is quicker Henry Bernstaln, louisiana Harris Beach, Jr., So. Carolina and cheaper than conventional urban renewal, and pre­ WIlliam A. Merrill, IIIass. Stanford M. Adelateln. S. D. Don Fowler. Maine Robert R. Murdoch," YJrglnla ventive action could stop abandonment before liveable Terrence Dwyer, Mlcblllllll W. Stuart Parsons, W1-mn dwellings become boarded-up shells. -28 EDITORIAL Ever since the Supreme Court made school And so Mr. Lottman concludes that we must integration a major national issue in 1954, one of now rely on the judiciary to eliminate segregation the most intractable problems for civil rights ad­ throughout the South. The experiences of this last vocates has been to devise a program that is both month have illustrated the effectiveness of this ap­ morally satisfying and politically effective. Sixteen proach, as a significant number of school districts years of trying to implement Brown vs. Board of have instituted court-ordered desegregation plans. Education have made this all too clear. Neither And in Mobile, Alabama, where the school board executive action nor legislative mandates have attempted to circumvent a Federal court order, the succeeded in eliminating segregation in SOuthern Justice Department has taken the school board into schools. court. The advantages of a judicial approach in­ The most recent device to integrate the schools clude: has been part of the Civil Rights Act of 1964. In - In most districts, school cases on appeal that Act, Congress authorized the Department of receive expedited treatment. Health, Education and Welfare to establish "guide­ - The courts are no longer staying desegrega­ lines" to measure a school district's progress to­ tion orders pending appeal by defendant school ward integration. If the district fails to desegregate boards. with appropriate diligence, HEW may cut off Fed­ - Federal judges, appointed for life, are freer eral funds. of political pressures than Washington bureaucrats In this issue, we present a well-documented study dealing with Congress and local officials. by Michael S. Lottman which concludes that the - Judicial proceedings are part of the public guidelines technique has been a failure and that the record. Federal courts must now become the main vehicle for - Southern officials, who are forced by judi­ integrating Southern schools. If this proposal, to cial action to desegregate, can tell their constituents drop the executive branch's chief desegregating that they had no choice. Guidelines make them ap­ device, had come from another source, we might pear to desegregate voluntarily, which is often doubt the sincerity of the author. But Mr. Lottman politically
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