But "insisting that a State may distribute legislative power as it desires . If local school boards operating under a similar statutory structure are considered separate entities for purposes of constitutional adjudication when they make segregative assignment decisions, it is difficult to see why a different analysis should apply when a local board's desegregative policy is at issue. Noting that Initiative 350 nowhere mentions "race" or "integration," appellants suggest that the legislation has no racial overtones; they maintain that Hunter is inapposite because the initiative simply permits busing for certain enumerated purposes while neutrally forbidding it for all other reasons.   633 F.2d, at 1348. . . 402 [Footnote 3]. 418 at 393 U. S. 395. 28A.26.060. 393 As the Court indicates, the busing question is complex and is best resolved by the political process. ." 411 Indeed, the initiative, like the charter amendment at issue in Hunter, has its most pernicious effect on integration programs that do "not arouse extraordinary controversy." In each case, the effect of the challenged action was to redraw decisionmaking authority over racial matters - and only over racial matters - in such a way as to place comparative burdens on minorities. The policy in no way interferes with the power of state or federal courts to remedy constitutional violations. ed.1981). That, we believe, it has failed to do. U.S. 490, 500 28A.24.055. 462, 604 P.2d 170 (1979). ] Even accepting the dubious notion that a State must demonstrate some past control over public schooling or race relations before now intervening in these matters, ante, at 477, the Court's attempt to demonstrate that Initiative 350 represents a unique thrust by the State into these areas is unpersuasive. We are also satisfied that the practical effect of Initiative 350 is to work a reallocation of power of the kind condemned in Hunter. Crawford v. Los Angeles Board of Education, 458 U.S. 527, 102 S.Ct. Although the charter amendment was facially neutral, the Court found that it could be said to embody a racial classification: "[T]he reality is that the law's impact falls on the minority. Zobel v. Williams, . U.S., at 448 The racial makeup of secondary schools is moderated by "feeding" them from the desegregated elementary schools. only the local or subordinate entity that approved it will have authority to change it. The court permanently enjoined implementation of the initiative's restrictions. fair housing ordinance involved in Hunter, is not a peculiarly "racial" issue at all. Yet authority over all other student assignment decisions, as well as over most other areas of educational policy, remains vested in the local school board. We have not insisted on a particularized inquiry into motivation in all equal protection cases: "A racial classification, regardless of purported motivation, is presumptively invalid, and can be upheld only upon an extraordinary justification. Indeed, even the State's efforts to help ensure equal opportunity in education and to encourage desegregation are cast in cooperative terms, and are designed to assist school districts in implementing programs of their choosing. The only relevant constitutional limitation on a State's freedom to order its political institutions is that it may not do so in a fashion designed to "plac[e] special burdens on racial minorities within the governmental process." San Antonio Independent School Dist. Supp., at 712. To this end, each school board is "vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program" (emphasis added). But when the political process or the decisionmaking mechanism used to address racially conscious legislation—and only such legislation—is singled out for peculiar and disadvantageous treatment, the governmental action plainly "rests on 'distinctions based on race.' The authority of the State over the public school system, acting through initiative or the legislature, is plenary. . As a former school board member for many years, I accept the privilege of a dissenting Justice to add a personal note. See generally Comment, Judicial Review of Laws Enacted by Popular Vote, 55 Wash.L.Rev. , n. 5. 383, 390, 58 L.Ed.2d 292 (1978), and school boards, as creatures of the State, obviously must give effect to policies announced by the state legislature.   (1981). Moreover, and critical to this case, the authority of state and federal courts to order mandatory school assignments to remedy constitutional violations is left untouched by the Initiative: "This chapter shall not prevent any court of competent jurisdiction from adjudicating constitutional issues relating to the public schools." U.S. 55, 64 [ ] The United States seeks to distinguish Lee by suggesting that the statute there at issue "clearly prohibited" all attempts to ameliorate racial imbalance in the schools, while Initiative 350 permits voluntary desegregation efforts.

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