Racial Quota in California Contracting
California legislators ought to carry a copy of the state constitution in their pockets and refer to it when writing laws. It’s a useful guide, laying out what the people have a right to do and what the government shall not do. For example, Article I, Section 31 reads in part:
“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.”
Thirteen years ago, 54 percent of voters passed Proposition 209, which added this language to the state’s constitution. But legislators either are unaware or they just don’t care. The latest attempt to circumvent the law is requiring race- and sex-based quotas in contracting. Governor Arnold Schwarzenegger, who swore to uphold the constitution, signed into law a bill that directs state departments to award government contracts to the lowest responsible bidder subcontracting 15 percent of the work to minority-owned businesses and five percent to female-owned businesses. The contractor who fails to do so will be rejected, even if he’s the lowest bidder.
