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Federal court strikes down MI ban on affirmative action

November 16, 2012
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Consolidated power prevails over popular will

Michigan’s constitutional ban on affirmative action in State universities has been struck down by a Federal Court of Appeals. In doing so, the Federal court dismissed the will of the people of Michigan, who overwhelmingly approved the State constitutional amendment in a public referendum. David Eggert has the story for MLive.com:

The state’s constitutional amendment – Proposal 2 – is unconstitutional because it “reorders the political process in Michigan to place special burdens on minority interests,” the 6th U.S. Circuit Court of Appeals ruled in an 8-7 vote.

There were less onerous ways for opponents of raced-based admissions decisions to make such a political change instead of amending the Michigan Constitution, Judge R. Guy Cole wrote for the majority.

Someone who wanted to change a university’s legacy-related admissions policy could lobby the admissions committee directly. Proponents of race-conscious admissions policies would have to travel the “difficult and costly road” of collecting hundreds of thousands of signatures or getting a two-thirds vote from the state House and Senate, Cole said.

This is another example of the degree to which self-government has been eliminated in the United States. In the USA today, a State-wide referendum and State constitutional amendment can be simply throw out at the whim of a Federal judge. In this case the Feds intervened to enforce a system (affirmative action) which discriminates against Whites. By doing so, the Federal Government also emphasised its centralised control over the States and the people.

As nineteenth century Southern nationalist leader Robert Barwell Rhett wrote in his memoir, ‘No one can understand the nature of a Consolidated Government, without perceiving, that it is only the first step to Imperialism.’ This is why as early as 1828 Rhett proclaimed, ‘Give me disunion rather than a consolidated government.’

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  • The New Silence Dogood

    Tell me, what is the difference between what we have today, and the Soviet Union?

    In my mind, precious little…..

  • Anti-Federalist

    I thought that since we have a black President we could finally end Affirmative Action.



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