Time: Tue Aug 19 11:59:19 1997
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Tue, 19 Aug 1997 11:52:49 -0700 (MST)
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Date: Tue, 19 Aug 1997 11:48:11 -0700
To: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: private gender discrimination
The U.S. Constitution only operates upon Citizens of the
several states, to the extent that it can be used
to compel testimony, under the Sixth Amendment:
"compulsory process for obtaining witnesses ...."
^^^^^^^^^^
See 18 U.S.C. 1512 and 1513, in pari materia.
Beyond that, it does not operate at all upon
state Citizens, only upon federal citizens.
And the latter doctrine is quite weak, when
confronted with the principle of Equal Protection
(the two classes of citizens are not being treated
equally at the present time).
The U.S. Constitution is a contract in equity,
pursuant to the Oath of Office provision.
Those who enter the contract are subject to
all of its limitations and prohibitions.
Therefore, I would hold that private institutions
are free to discriminate on the basis of gender,
pursuant to the explicit reservation of Rights
found in the Tenth Amendment, and under the
Right to freedom of association which is guaranteed
by the First Amendment.
/s/ Paul Mitchell
http://www.supremelaw.com
copy: Supreme Law School
At 11:33 AM 8/19/97 -0400, you wrote:
>
>The following is snipped from the article addressing the proposed Southern
>Military Institute:
>
>
>
> ... James E. Jones, immediate past chairman of The Citadel's Board of
Visitors,
>> also questions whether SMI's private status actually would protect the
>> school from a legal challenge from women wanting to attend.
>>
>> "In the VMI case, the U.S. Supreme Court found this style of education
>> unconstitutional," Jones said.
>>
>> "If something is unconstitutional, then it's unconstitutional on a private
>> basis as well as on a public basis," Jones continued. "My sense is that the
>> idea of single-gender education -- such as that provided at the nation's
>> 80-plus all-female institutions -- is going to be challenged in court in
>> the coming years."
>
>
>
>
> Paul, as I am far from being a constitutional scholar, could you
>chime in with a brief opinion on Mr. Jones' statement? Should there not a
>world of difference between private and public sponsoring? Does the
>constitution protect the right of another to come play in my private sandbox?
> I could have requested Mr. Mitchell's opinion in private, but it
>might be of interest to others to know if the efforts to create a private
>institution would ultimately be futile due to a meddling Big Brother.
>
>
>
>
>
>Douglas N. Hill
>The "On Fire" John T. Lesley Camp # 1282, SCV
>Tampa, FL.
>
>
>SAVE THE MALES!
>(Impeach Darth Bader)
>
>````````````````````````````````````````````````````````````````````````````
>`````````````````````````````````````````````````````````````````````
>
> I consider the foundation of the Constitution as laid on this ground: That
>"all powers not delegated to the United States, by the Constitution, nor
>prohibited by it to the States, are reserved to the States or to the people"
>(10th Amendment). To take a single step beyond the boundaries thus
>specifically drawn around the powers of Congress, is to take possession of a
>boundless field of power, no longer susceptible to any definition.
> --- Thomas Jefferson, To President Washington, 15 February,1791
>
>````````````````````````````````````````````````````````````````````````````
>`````````````````````````````````````````````````````````````````````
>
> "Corruption of morals in the mass of cultivators
> is a phenomenon of which no age nor nation has set an example."
> ---Thomas Jefferson, Query XIX, Notes on the State of Virginia
>
>````````````````````````````````````````````````````````````````````````````
>`````````````````````````````````````````````````````````````````````
>
> We've gone from being a country of bean growers to that
> of bean counters. Ay! There lies the rub!
>
>
>
>
>
> ** DEO VINDICE **
>
>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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