Electoral Economics: Proposition 209 and the Public Concensus
Abstract: The question posed is whether proposition 209 unconstitutionally bars a remedy to discrimination against a specified group "women and minorities", and thereby denies equal protection of the laws to a targeted group. The partial template for this problem is provided by the Supreme Court’s disposition of Romer v. Evans. The conclusion of my analysis here is that it does not. My analysis relies on two theories, one formal and one political. The formal proposition is this: a remedy is only meaningful as a response to an injury. In equal protection and discrimination jurisprudence, the Federal courts have imposed, and the Supreme Court has upheld, quotas, busing, and other affirmative measures against discrimination where there has been a judicial finding of past discrimination. There has been no such finding against the University of California or any of the contracting agencies of the state of California. Further, each time such a remedy to a demonstrated injury has been imposed, the Court has demanded that the remedy conform to a tight fit to the demonstrated injury. No injury has been demonstrated here, therefore no remedy exists, and to quote Chief Justice Marshall in McCulloch vs. Maryland "what does not exist can not be taken away."
|Date of creation:||01 Jan 2007|
|Date of revision:|
|Contact details of provider:|| Postal: |
Web page: https://mpra.ub.uni-muenchen.de
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:5774. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Ekkehart Schlicht)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.