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Race and College Admissions

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rroze2000

New member
Who has jurisdiction in cases involving Race being used in College Admissions - the Federal Government or the States?

More specifically, is there something in the U.S. Constitution or other laws/rulings that complicate who has that jurisdiction? I'm aware that the 10th Amendment restricts the Federal Government's powers.
 


Just Blue

Senior Member
Who has jurisdiction in cases involving Race being used in College Admissions - the Federal Government or the States?

More specifically, is there something in the U.S. Constitution or other laws/rulings that complicate who has that jurisdiction? I'm aware that the 10th Amendment restricts the Federal Government's powers.
What state?
 

Taxing Matters

Overtaxed Member
Who has jurisdiction in cases involving Race being used in College Admissions - the Federal Government or the States?
The federal government certainly has jurisdiction because discrimination based on race by colleges that take federal funds is prohibited by Title VI of the Civil Rights Act of 1964, and most every college does take federal funds. In addition, for colleges run by the government (e.g. state colleges and universities) discrimination by race is prohibited by the U.S. Constitution. Those cases may be tried in federal district court.

A state court may also have jurisdiction if the state in which the college or university is located has a law that bars colleges/universities from discriminating based on race.

If the discrimination violates both federal and state laws then the plaintiff may generally bring both the federal and state law claims together in the same lawsuit.


Not one state in particular. By "States", I mean "States' Rights".
What are you trying to get at here? If you are trying for an argument that the federal government lacks the power to prohibit discrimination based on race, that will fail.
 
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