California and Affirmative Action: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session ... April 30, 1996, Volume 4

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Page 20 - Neither let us be slandered from our duty by false accusations against us, nor frightened from it by menaces of destruction to the government, nor of dungeons to ourselves. Let us have faith that right makes might, and in that faith let us to the end dare to do our duty as we understand it.
Page 82 - Company had adopted the diploma and test requirements without any "intention to discriminate against Negro employees." We do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability.
Page 31 - 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.
Page 63 - I have written extensively on civil rights issues in both professional journals and the popular press and am the author of a book on Hispanics in the United States, Out of the Barrio: Toward a New Politics of Hispanic Assimilation (Basic Books 1991).
Page 82 - We reject this argument, and hold that § 706(g) does not prohibit a court from ordering, in appropriate circumstances, affirmative race-conscious relief as a remedy for past discrimination. Specifically, we hold that such relief may be appropriate where an employer or a labor union has engaged in persistent or egregious discrimination, or where necessary to dissipate the lingering effects of pervasive discrimination.
Page 19 - The one absolutely certain way of bringing this Nation to ruin, of preventing all possibility of its continuing to be a Nation at all, would be to permit it to become a tangle of squabbling nationalities...
Page 82 - US Commission on Civil Rights, "Affirmative Action in the 1980s: Dismantling the Process of Discrimination," Clearinghouse Publication 70, at p.
Page 21 - ... host of factors some of which may have some correlation with race in making admissions decisions. The federal courts have no warrant to intrude on those executive and legislative judgments unless the distinctions intrude on specific provisions of federal law or the Constitution. A university may properly favor one applicant over another because of his ability to play the cello, make a downfield tackle, or understand chaos theory.
Page 25 - So you see that while we have come a long way, we still have a long way to go before we fully understand the solar wind.
Page 67 - 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.

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