Section 3. By voting YES on Prop. Proposition 16 represents the first time a repeal of Proposition 209 has appeared on the ballot.[23]:12. Gaurav Khanna, assistant professor of economics, "Californians have built the fifth largest and strongest economy in the world, but too many hardworking Californians are not sharing in our state’s prosperity—particularly women, families of color, and low-wage workers. White women make 80¢ on the dollar. 31. At the same time, our state also has men and women—of all races and ethnicities—who could use a little extra break. [9] Proposition 16 may have also played a role in the Republican victories of Michelle Steel (who actively campaigned against the proposition during her run for Congress)[10] and Young Kim, two Korean-American Republican women who defeated incumbent Democratic U.S. House members in Southern California.[11][12]. This section shall be self-executing. California Constitution/ARTICLE I. california constitution article 1 declaration of rights sec. ... the infliction of cruel or unusual punishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution. We know that small businesses are the backbone of our economy. The California State Assembly passed Assembly Constitutional Amendment 5 (ACA-5) which—after passing the State Senate—was placed on the 2020 ballot as proposition 16. [22] Proposition 209 amended the Constitution of California to prohibit government institutions from "[discriminating] against, or [granting] 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." Disclaimer: This Constitution may not be the most recent version. The California Legislature wants you to strike these precious words from our state Constitution: "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. The new section generally banned the consideration of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting in California with limited exceptions. Section 10 Clause 1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Prop. Despite living in the most diverse state in the nation, white men are still overrepresented in positions of wealth and power in California. For example, state universities can give a leg-up for students from low-income families or students who would be the first in their family to attend college. Finally, Proposition 16 opponents believe that Proposition 16 is not a true affirmative action program, but is aimed at legalizing discrimination and government-sanctioned racial favoritism. This suggests that race neutrality is more popular than it was in 1996, when Proposition 209 passed by 55% to 45%. Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section. ARTICLE I - DECLARATION OF RIGHTS 1-31 :: California Constitution. Prior to the passage of Proposition 209, California and many local governments maintained costly bureaucracies that required preferential treatment in public contracting based on a business owner’s race, sex or ethnicity. [2][3] Proposition 209 amended the state constitution to prohibit government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. The section also states that Congress must meet at least once each year, and this meeting must be on the first Monday in December. 209 will only require a simple majority vote and does not require Democratic California Gov. Section 5: Powers and Duties of Congress. All people are by nature free and independent and have inalienable rights. In order to appreciate the length and the complexity of our state’s constitution, let’s just take an overview of the articles of the California constitution. 5 (ACA5), passed the state Senate in a 30-to-10 vote Wednesday, according to the San Francisco Chronicle. First-generation Chinese-Americans have similarly led the charge against ACA5, claiming that the move would introduce racial quotas and prevent a merit-based approach to college admissions, the San Francisco Chronicle reported. Despite this, women and people of color are not getting their fair share of opportunities to get ahead: The debate about affirmative action has drawn strong opinions from both supporters and opponents within the Asian American community. 31; ARTICLE 1 DECLARATION OF RIGHTS ... the infliction of cruel or unusual punishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution. Not every Latino or black is disadvantaged. YES on Prop. The measure would repeal Section 31 of Article I of the California Constitution. Today, nearly all public contracts, and the jobs that go with them, go to large companies run by older white men. DECLARATION OF RIGHTS. By voting YES on Prop. of Cal. They may not use quotas or race-based point systems for this purpose, as the Supreme Court already ruled in Regents of the Univ. 209 was initially voted on in 1996 and amended California’s state constitution. State law also has a number of anti-discrimination provisions that are similar to those in federal law. They think they can "fix" past discrimination against racial minorities and women by discriminating against other racial minorities and men who are innocent of any wrongdoing. Although women, and especially women of color, are on the front lines of the COVID-19 response, they are not rewarded for their sacrifices. SEC. The California State Constitution is grouped into subject matter areas known as Articles. ", “Since becoming law in 1996, Proposition 209 has cost women- and minority-owned businesses $1.1 billion each year...It has perpetuated a wage gap wherein women make 80 cents on every dollar made by men and has allowed discriminatory hiring and contracting processes to continue unhindered.”, "As we look around the world, we see there is an urgent cry — an urgent cry for change. Opponents of Proposition 16 primarily cite the divisive, discriminatory, and constitutionally questionable nature of Proposition 16, as well as the positive results Proposition 209 has yielded for underrepresented students at California's public universities since its implementation. The 1996 ballot measure was highly controversial, with much of the debate centered around the fairness of affirmative action policies implemented by the University of California system, according to the Los Angeles Times. Public opinion of affirmative action may vary depending on question framing. Politicians want to give preferential treatment to their favorites. Prior to Proposition 209, some of California's public universities considered race and ethnicity as factors when making admissions decisions and offered programs to support the academic achievement of those students. upon lands set aside for fish hatcheries, and no land owned by the. [13]:26 According to California's Legislative Analyst, proposition 16 permits considering race, sex, color, ethnicity, or national origin in government decision-making policies to address diversity in the operation of public employment, education, or contracting. Section 10. [4] Chairpersons of Yes on 16 include Eva Paterson, president of the Equal Justice Society; Vincent Pan, co-executive director of Chinese for Affirmative Action; and Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund.[38]. [6] In the context of higher education admissions, these efforts may not include overt quotas as the Supreme Court has ruled them unconstitutional in Regents of the Univ. [13] Since such discrimination was already illegal based on state law, federal law, and the Equal Protection Clause of the 14th Amendment, Proposition 209 effectively banned affirmative action within these public bodies. The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. [40] They also point to deeper, socio-economic issues that must be addressed to achieve better outcomes for underrepresented minorities (URMs), including improving public school outcomes and options for URMs in public K-12 education, inefficient public education spending, unequal access, lack of parental involvement, community segregation, and a shortage of qualified teachers. 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