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- From: mjs@fc.hp.com (Marc Sabatella)
- Subject: Re: Constitution
- Message-ID: <Bxvvo0.9zn@fc.sde.hp.com>
- Sender: news@fc.sde.hp.com (Notes Administrator)
- Reply-To: marc@hpmonk.fc.hp.com
- Organization: Hewlett-Packard Company
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- References: <1992Nov17.204422.4915@ucsu.Colorado.EDU>
- Distribution: co
- Date: Tue, 17 Nov 1992 23:23:58 GMT
- Lines: 35
-
- Frank Crary (fcrary@ucsu.Colorado.EDU) wrote:
-
- : >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?
- :
- : 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.
-
- But just a little while ago you noted there was a big difference between not
- grantng protection and denying it. Do you not think that distinction is
- relevant here? The law about Puerto Ricans didn't explicitly deny the right in
- question to Mexicans; it left that door open. A constitutional amendment that
- forbids Mexicans from achieving this strikes me as entirely different from
- simply not passing a law that gives it to them.
-
- I'm not saying you're wrong here, but I'm trying to understand why what seems
- to me to be an obvious difference in the cases doesn't seem to matter.
-
- --
- Marc Sabatella
- marc@hpmonk.fc.hp.com
- --
- Amendment 2 Is Legalized Discrimination - Shame On You, Colorado
- --
- "Neither the State of Colorado ... nor any of its municipalities ... shall ...
- enforce any ... ordinance ... whereby homosexual, lesbian, or bisexual
- orientation ... shall ... be the basis of ... any ... claim of discrimination"
- --
- All opinions expressed herein are my personal ones
- and do not necessarily reflect those of HP or anyone else.
-