the 9th Amendment; and finally in the present tense:

C. (They infringe) upon the rights of (non-class constituents) to the governing participation to which they are entitled, in violation of the Due Process Clause of the 5th Amendment, and of the 9th and 10th Amendments.

A hypothetical trial brief sets out four points and authorities as to actions under aegis of protracted judicial jurisdiction violating the rights of non-class constituents:

1. Racial assignment of non-class students in schools receiving federal funds: discriminates against them, in violation of the Civil Rights Act of 1964. Busing — Opposed, pp. 113-117.
2. Racial assignment of non-class students: infringes upon their liberty and privacy, in violation of the Constitution: Due Process Clause, 5th Amendment. Id., 117-123.
3. Racial assignment of non-class students: infringes upon the liberty of their parents, in violation of the Constitution: Due Process Clause, 5th Amendment; 9th Amendment. Id., 123-125.
4. Indefinite racial assignment of non-class students: exceeds power of the federal judiciary, in violation of the Constitution: limitation of federal powers; Amendments IX and X. Id., 125-130.
    

Groundswell Sets Example
for Pursuing Freedom
from Race-Based Assignments
under “Socioeconomic” and Other Plans
 

Thanks to the replacement of my hip and the fixing of other physical problems in July 1999, I was on the road to recovery when I learned of the manner in which the San Diego Board was addressing our previous objections to its integration policy. These objections called for the Board to —