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Judicial Decision May Affect Constitution's Minority Clause

When the nature of the minority clause of Harvard's student government constitution was explained to him, Beard said the court decision definitely applies to Harvard's constitution. He added, "I thought Harvard students had enough intelligence not to partake of any of that kind of insanity."

Martin said the decision bothers him because "it is indicative of a trend against affirmative action in the country. These decisions are based on legal principles and fail to look at reality."

Martin said he thinks the University should recognize the student assembly and not take any action until the Supreme Court has handed down a decision.

Many convention delegates said yesterday the student assembly has no need of University recognition.

"If the University listens to us and takes action on our recommendations, I don't perceive a need for recognition," Peter Fleischer '80, a Lowell House delegate, said yesterday.

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Epps said last week the student assembly could not use University buildings, the University name, and other perquisities unless the assembly is recognized by the Faculty or the Committee on Houses and Undergraduate Life (CHUL).

Beard and another UNC law school graduate brought UNC to court, contending that a clause in the UNC student government constitution requiring that there be at least two blacks, two women and two men on the Campus Governing Council (CGC) violated a Supreme Court decision giving citizens a right "to attend a state university free from officially imposed or sanctioned discrimination."

The North Carolina district court ruled that the case was moot because the UNC student body president, who appoints the CGC members if the desired number of men, women and blacks aren't popularly elected, had never had to use his power to appoint any students.

The district court ruled as well that the constitution was not discriminatory because the provisions allow for the appointment of males as well as blacks and females.

The plaintiffs appealed, and the appeals court overturned the district court, stating in its decision "we reverse now on the plain and simple ground that, without either reasonable basis or compelling interest, the composition of the Council is formulated on the basis of race.

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