California legislators ought to carry a copy of the state constitution in their pockets and refer to it when writing laws. It's a useful guide, laying out what the people have a right to do and what the government shall not do. For example, Article I, Section 31 reads in part
"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."
Thirteen years ago, 54 percent of voters passed Proposition 209, which added this language to the state's constitution. But legislators either are unaware or they just don't care. The latest attempt to circumvent the law is requiring race- and sex-based quotas in contracting. Governor Arnold Schwarzenegger, who swore to uphold the constitution, signed into law a bill that directs state departments to award government contracts to the lowest responsible bidder subcontracting 15 percent of the work to minority-owned businesses and five percent to female-owned businesses. The contractor who fails to do so will be rejected, even if he's the lowest bidder. Perhaps Schwarzenegger should carry the constitution as well. Do he and his assistants read bills before he signs?
The Pacific Legal Foundation (PLE), an organization dedicated to keeping discrimination and preferential treatment out of government, filed suit against the state earlier this month, alleging that the law violated Article I, Section 31. Ward Connerly and the American Civil Rights Foundation are plaintiffs in the suit.
"These new quotas are a destructive and illegal attempt to pull California backward - back to a time when government routinely judged people by their skin color and sex," said Connerly, the man who spearheaded the Proposition 209 campaign. "By enacting Proposition 209, California voters said they wanted to move beyond that era of division, discrimination, and animosity. Unfortunately, the message still hasn't gotten through to many state lawmakers and, apparently, not even to the governor. The courts are going to have to instruct them that their constitutional duty is to defend equal rights and equal opportunity, not undermine them."
Requiring businesses bidding for government contracts to subcontract based on race definitely undermines equal rights and equal opportunity. People have no problem seeing the injustice in discriminating against blacks. Why the blinders when it comes to discrimination against non-blacks? Neither the compensatory justice rationale nor skin deep-only diversity obsession justifies continuing a practice that has divided the nation the way race has.
What's wrong with giving everyone the opportunity to bid on projects and selecting contractors based on the lowest bid? Why the quota? Not only is it illegal, it costs taxpayers more money (as if anyone cares about them). PLF Principal Attorney Sharon Browne said lawmakers and the governor "also disregarded principles of sound budgeting, because projects are more expensive when they don't go to the lowest responsible bidder."
The state legislature had to know the quota law would be challenged in court. Why did these elected representatives ignore the will of the people and bring back government-mandated racial discrimination?
(Didn’t we already to this and find out that it didn’t work??)
By La Shawn Barber - Freelance writer La Shawn Barber blogs at the American Civil Rights Institute blog.
The big tough guy terminator has certainly turned out to be a wishy washy sellout! He still prides himself in saying that as California goes… the nation will go.
WE all the opportunity to help send a message to Washington next week. If you live in Virginia, New Jersey or New York volunteer your time… everyone else send money… a dollar, $5, $10, $25, $50, $100 to the house race candidate in New York and the Gubernatorial races in Virginia and New Jersey and make sure that either the Independents or Republican candidates beat the Liberal Progressive Democrats that Obama is pushing and helping.
We are supporting Doug Hoffman for congress… He is the Independent. NY is a state where the state machine picks the candidates for the two main parties. Hoffman the Independent is the better choice who stands for the what the majority of Americans want. In Virginia we are obviously supporting the GOP Candidate and in New Jersey we would recommend that the Independent, Daggett, and the GOP candidate, look at the numbers themselves before the election and if one is way off the numbers, that they throw their support to the other. This is an election where the greater good… sending a message to the Washington liberal progressive politicians who do not listen to the American people!
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