The courts held that the state of Missouri was liable for segregated schools within the boundaries of KCMSD. U.S. 531, 541 We have approved desegregation orders using assignment changes and some ancillary education programs to ensure the operation of a unitary school system for the district's children. On September 16, the State filed with the court a document styled "State Appellants' Petition for Rehearing En Banc." U.S. Supreme CourtMissouri v. Jenkins, 495 U.S. 33 (1990), In an action under 42 U.S.C. Ante, at 57. 417 III, 2, cl. coupons then due. denied, Jenkins cases (this case is deemed Missouri v. Jenkins III) marks the end of the Court's involvement in the 18-year-long litigation. Article I, 1, states that "[a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." [ The order here provides neither of these protections. U.S. 803, 818 of Education, It makes no difference that the KCMSD stands "ready, willing, and . I cannot agree, however, that we "stand on different ground when we review the modifications to the District Court's order made by the Court of Appeals," ante, at 52. officials from applying state law that would interfere with the willing levy of property taxes by KCMSD," ante, at 56, n. 20, cause the KCMSD to exercise power under state law. [495 If the Court is to take upon itself the power to tax, respect for its own integrity demands that the power be exercised in support of true constitutional principle, not "suburban comparability" and "visual attractiveness. However, concluding that federal/state comity principles required the District Court to use minimally obtrusive methods to remedy constitutional violations, it required that, in the future, the lower court should not set the property tax rate itself, but should authorize KCMSD to submit a levy to state tax collection authorities and should enjoin the operation of state tax laws hindering KCMSD from adequately funding the remedy. "The judiciary . Zimmern v. United States, P. 495 U. S. 55. . [ [495 17 100, 110-111 (1968); see also Moody v. Albemarle Paper Co., Unlike legislative bodies, which may hold hearings on how best to raise revenues, all subject to the views of constituents to whom the Legislature is accountable, the Judiciary must grope ahead with only the assistance of the parties, or perhaps random amici curiae. 345 Email Address: In fact, the taxation power is sought here on behalf of a remedial order unlike any before seen. 433 Id., at 266. Last Term we rejected the invitation to cure an unconstitutional tax scheme by broadening the class of those taxed. 433 On June 12, 1995 the Court, in a 54 decision, overturned a district court ruling that required the state of Missouri to correct intentional racial discrimination in Kansas City schools by funding salary increases and remedial education programs. In 495 U. S. 53. Did the District Court exceed its constitutional authority by ordering salary increases of instructional and non-instructional employees of the KCMSD?
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