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- Path: sparky!uunet!convex!darwin.sura.net!spool.mu.edu!agate!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Constitution
- Message-ID: <1992Nov17.204422.4915@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1992Nov17.061951.26830@ucsu.Colorado.EDU> <BxvFw6.55r@fc.sde.hp.com>
- Distribution: co
- Date: Tue, 17 Nov 1992 20:44:22 GMT
- Lines: 47
-
- In article <BxvFw6.55r@fc.sde.hp.com> marc@hpmonk.fc.hp.com writes:
- >: The law in question was a federal exemption from literacy tests (in
- >: order to vote) for anyone with a sixth-grade or better education in
- >: a Puerto Rican, spanish-speeking school. One of the objections
- >: was that this law denied equal protection to educated, speakers
- >: of Spanish, simply because they were not educated in Puerto Rico.
- >: The Court held that there a law did not have to deal with all
- >: forms of discrimination at once: It was acceptable to offer one
- >: group protection without offering another group the same protection.
-
- >OK, as a non-legal person, this still doesn't seem particularly relevant.
- >Obviously it is implicitly OK not to protect everyone equally - there are
- >laws protecting blacks, but not laws protecting left-handed people, and no one
- >has struck that down as constitutional.
-
- More specifically, it is (apparently) constitutional to protect one
- group but not another from exactly the same sort of discrimination.
- (E.g. a law protecting blacks but not hispanics from ethnic discrimination,
- or a law protecting left-handed people but not the ambidextrous.)
-
- Under Amendment 2, anti-discrimination laws concerning sexual inclination
- are still legal, but they protect heterosexuals only. That is, in
- Boulder it is still illegal to discriminate against someone because
- he is straight. Someone suggested that this was an unconstitutional
- denial of equal protection. However, Katzenback v. Morgan seems to
- say the reverse: It is constitutional to protect one group but
- not another, even if the groups are similar or suffer from exactly
- the same sort of discrimination.
-
- >If there was a constitutional
- >amendment that said "People with an education from Mexico shall never be
- >granted the federal exemption from literacy tests", do you think the Supreme
- >Court would have upheld it?
-
- Do you mean an amendment to the state or the federal Constitution? If
- you mean the federal Constitution, this is trivially valid: Amendments
- by definition alter the pre-existing Constitution and supercede any
- conflicting provisions; so an amendment is automatically constitutional.
- If you mean an amendment to a state constitution, I still think such
- a law would be upheld: The Court has ruled that such a law (applying
- in that case to Puerto Ricans, not Mexicans) was constitutional,
- so I don't see why a provision in a state constitution to the
- same effect would be any different.
-
- Frank Crary
- CU Boulder
-
-