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- Xref: sparky co.general:1857 co.politics:2192
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- Path: sparky!uunet!spool.mu.edu!agate!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Constitution
- Message-ID: <1992Nov18.174741.3283@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1992Nov17.204422.4915@ucsu.Colorado.EDU> <Bxvvo0.9zn@fc.sde.hp.com>
- Distribution: co
- Date: Wed, 18 Nov 1992 17:47:41 GMT
- Lines: 38
-
- In article <Bxvvo0.9zn@fc.sde.hp.com> marc@hpmonk.fc.hp.com writes:
- >: >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?
-
- >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 sorry: I originally mis-read that question, and didn't catch the "never"...
- As far as a removal of existing protections, there is a distinction but
- not one that has been raised before the Supreme Court (to my limited
- knowledge.) That means it's anybody's guess how they would rule. I
- suspect they would apply the "reasonable relationship test": Does the
- law have a reasonable relationship to a valid state interest? If
- so, they would uphold it. "Reasonable relationship", by the way, is
- extremely vague and means, essentially, and half-credible excuse the
- State's lawyer can dream up. In your hypothetical anti-Mexican
- amendment's case, "To reduce future unemployment by discouraging immigration"
- would constitute a "reasonable relationship." Alternately, the Court
- might subject the law to "strict scrutiny": Upholding the law only
- is the state can prove that the law is the best and most direct way
- to address its purpose. They might do this if the law in question effects
- a "prefered freedom" (which include voting rights) and/or effects a
- protected minority (ethnic/cultural minorities and usually considered this.)
- However, the current Court generally supports the doctorine of "judicial
- restraint", meaning they prefer to avoid the "strict scrutiny" test as
- much as they can. I rather doubt the hypothetical law, or Amendment 2,
- could survive strict scrutiny; however a good lawyer for the State could
- keep the matter on the level of reasonable relationships.
-
- Frank Crary
- CU Boulder
-
-