Abstract

http://ssrn.com/abstract=10178
 


 



Equal Protection, Unequal Political Burdens, and the CCRI


Vikram D. Amar


University of California, Davis - School of Law

Evan Caminker


University of Michigan Law School

1996

Hastings Constitutional Law Quarterly, Vol. 23, No. 4, p. 1019, 1996

Abstract:     
States certainly have the right to repeal previously enacted race-based affirmative action programs. As Professors Amar and Caminker point out, however, a little-discussed line of Supreme Court authority identifies some federal constitutional limitations on the ways in which repeal may be effected. The lead cases are Hunter v. Erickson and Washington v. Seattle School District. The most coherent and sophisticated reading of this line of cases suggests the following: When a state law not only repeals programs that specially benefit racial minorities, but also entrenches that repeal by making reenactment of those programs in the future particularly difficult, such a law runs afoul of the Equal Protection Clause. Taking these cases as a given, Amar and Caminker apply them to the so-called California Civil Rights Initiative ("CCRI"), which appears as Proposition 209 on this November's California ballot. The authors conclude that these cases, which are presently the law of the land and binding on lower courts, cut against the constitutionality of the CCRI.

Number of Pages in PDF File: 40

JEL Classification: J71, J79, K39

Accepted Paper Series





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Date posted: October 23, 1996 ; Last revised: October 13, 2011

Suggested Citation

Amar, Vikram D. and Caminker, Evan, Equal Protection, Unequal Political Burdens, and the CCRI (1996). Hastings Constitutional Law Quarterly, Vol. 23, No. 4, p. 1019, 1996. Available at SSRN: http://ssrn.com/abstract=10178

Contact Information

Vikram D. Amar (Contact Author)
University of California, Davis - School of Law ( email )
Martin Luther King, Jr. Hall
Davis, CA 95616-5201
United States
Evan H. Caminker
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-763-5695 (Phone)
734-763-9375 (Fax)
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