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发帖数: 7039 | 1 修正案 SAC－5 ，修改和公立教育相关的内容，an amendment to the Constitution
of the State, by amending Section 31 of Article I
主要是删去条a，条d中的public education; 言外之意就是：The State CAN
discriminate against, or grant preferential treatment to, any individual or
group ON THE BASE OF race, sex, color, ethnicity, or national origin.
删去条b; 不再提宪法第十四修正案。这条原来是讲高校可以在不违背宪法第十四条精
神的情况下，制定一些招收学生的规则。宪法十四条是保证公民和归化民平等权利的法
案。 现在规避这条是心中有鬼， 因为加州2012年刚通过了《dream act》, 就是保证
非法移民（非美公民）可以享受政府助学金和奖学金。实际上对非法移民的有利， 就
是对公民的不利，就是剥夺正当公民求学的机会， 违背了第十四修正案的精神。
g条变为f条：就是重新定义STATE， 把公立大学系统，甚至学校系统都排除出这个
STATE。
删去条g第一项中的 （public university system, including the University of
California, community college district, school district,）；
特别强调，“State” does not include the University of California or the
Public School System.
删去条g的第二项；
将来会不会根据亚洲人口比例， 对于小学，初中， 高中，都要限制人数？
A resolution to propose to the people of the State of California an
amendment to the Constitution of the State, by amending Section 31 of
Article I thereof, relating to public postsecondary education.
ORIGINAL VERSION：
That Section 31 of Article I :
SEC. 31.(a)The State shall not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex, color,
ethnicity, or national origin in the operation of public employment, public
education, or public contracting.
(b)Notwithstanding subdivision (a), this section does not prevent state
institutions of higher education from implementing student recruitment and
selection programs that are permissible under the equal protection clause of
the Fourteenth Amendment to the United States Constitution.
(c)This section shall apply only to action taken after the section’s
effective date.
(d)This section shall not be interpreted as prohibiting bona fide
qualifications based on sex which are reasonably necessary to the normal
operation of public employment, public education, or public contracting.
(e)This section shall not be interpreted as invalidating any court order or
consent decree that is in force as of the effective date of this section.
(f)This section shall not be interpreted as prohibiting action which must be
taken to establish or maintain eligibility for any federal program, if
ineligibility would result in a loss of federal funds to the State.
(g)(1)For the purposes of this section, “State” shall include, but not
necessarily be limited to, the State itself, any city, county, city and
county, public university system, including the University of California,
community college district, school district, special district, or any other
political subdivision or governmental instrumentality of or within the State.
(2)For the purposes of this section, “state institutions of higher
education” shall mean: (A) the California Community Colleges; (B) the
California State University, and each campus, branch, and function thereof;
and (C) each campus, branch, and function of the University of California.
(h)The remedies available for violations of this section shall be the same,
regardless of the injured party’s race, sex, color, ethnicity, or national
origin, as are otherwise available for violations of then-existing
California antidiscrimination law.
(i)This section shall be self-executing. If any part or parts of this
section are found to be in conflict with federal law or the United States
Constitution, the section shall be implemented to the maximum extent that
federal law and the United States Constitution permit. Any provision held
invalid shall be severable from the remaining portions of this section. |
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