Unconstitutional Set-asides: ISTEA's Race-based Set-asides After Adarand : Hearing Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, First Session ... September 30, 1997, Volume 4 |
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Common terms and phrases
1st Sess 2d Sess Adarand Adarand Constructors affirmative action measures affirmative action programs African-American agency amendment American availability awarded Bakke basis census cert Chairman Circuit City Committee compelling interest concurring Cong Congress constitutional construction industry court decisions Croson Dade County DBE Program Department discriminatory disparity studies dissenting district court dollars economically disadvantaged employment ethnic classifications evidence federal affirmative action federal procurement Fourteenth Amendment Fullilove goal government contracting groups Hearing highway Hillsborough County Hispanic House Comm intermediate scrutiny ISTEA Justice O'Connor Justice Powell legislation ment Metro Broadcasting Minority Enterprise minority firms minority-owned businesses MWBE narrowly tailored nonminority Noue opportunity participation percent plurality opinion preferences presumption prime contractors problem qualified race-based race-conscious racial and ethnic racial discrimination Richmond SCHUTT Senate Comm Senator ASHCROFT set-asides Small Business specific statement statistical statute strict scrutiny Subcomm subcontracting Supreme Court tion unconstitutional
Popular passages
Page 14 - to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
Page 20 - of race, creed, color, or national origin. The contractor 'will take affirmative action to ensure that applicant! are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action
Page 116 - stated: We wish to dispel the notion that strict scrutiny is "strict in theory but fatal in fact." The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and the government is not disqualified from acting in response to it.
Page 14 - The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.
Page 23 - order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under paragraph (b) of this section, or before a contract shall be terminated in whole or In part under paragraph (d) of this section for failure of a contractor or subcontractor to comply with the contract provisions of this order.
Page 23 - rules and regulations, shall promptly notify the Committee of such action or reasons for not acting. Where the Committee itself makes a determination under this section, it shall promptly notify the appropriate contracting agency of the action recommended. The agency shall take such action and shall report the results thereof to the Committee within such
Page 11 - The unhappy persistence of both the practice and lingering effects of racial discrimination against minority groups in this country is an unfortunate reality and government is not disqualified from acting in response to it . When race-based action is necessary to further a compelling interest, such action is within constitutional constraints if it satisfies the
Page 21 - hereof relating to discrimination in Government employment. SEC. 307. Each contracting agency shall be primarily responsible for obtaining compliance with the rules, regulations, and orders of the Committee with respect to contracts entered into by such agency or its contractors, or affecting its own employment practices. All contracting
Page 30 - We wish to dispel the notion that strict scrutiny is strict in theory but fatal in fact. The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and the Government is not,
Page 20 - other sanctions may be imposed and remedies invoked as provided in the said Executive order or by rule, regulation. or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law.