118th CONGRESS

1st Session

 

 

 

 

 

 

H.J. Res. 38

United States House of Representatives

January 9, 2023

 

Sponsored By: Rep Ian A. Medina (D-FL)

 

Article

Section 1. A joint resolution proposing an amendment to the Constitution of the United States of America to officially decree in enacting The Ivy League of American private universities as the top elite and prestigious universities and to recognize The Ivy League as the rule of law for top honorable universities in the United States of America. 

 

Section 2. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following joint resolution be enacted and enforced against the territories under our sovereignty.

Section 3. Pursuant to duly executed legislative action by the powers granted in me by the Congress, the United States of America adds an amendment to the Constitution of the United States that expressly makes The Ivy League of American private universities as the top elite, prestigious and honorable universities in the nation endowing them with land, sea and space research grants, and monies in endowment as decided by the Congress. 

 

Section 4. The following private universities comprise The Ivy League as enacted herein in no particular order, to wit: (1) Harvard University in Boston, Massachusetts; (2) Yale University in New Haven, Connecticut; (3) Princeton University in Princeton, New Jersey; (4) Columbia University in New York, New York; (5) Cornell University in Ithaca, New York; (6) Stanford University in Stanford, California; (7) University of Chicago in Chicago, Illinois; (8) University of Pennsylvania in Philadelphia, Pennsylvania; (9) Massachusetts Institute of Technology in Cambridge, Massachusetts; (10) California Institute of Technology in Pasadena, California; (11) Duke University in Durham, North Carolina; (12) Vanderbilt University in Nashville, Tennessee; (13) Emory University in Atlanta, Georgia; (14) Johns Hopkins University in Baltimore, Maryland; (15) Northwestern University in Evanston, Illinois; (15) Dartmouth College in Hanover, New Hampshire; (16) Brown University in Providence, Rhode Island; (17) Washington University in St. Louis, Missouri; (18) Rice University in Houston, Texas; (19) University of Notre Dame in Notre Dame, Indiana; (20) Georgetown University in Washington, D.C.; (21) University of Michigan in Ann Arbor, Michigan; (22) Carnegie Mellon University in Pittsburgh, Pennsylvania; (23) University of Southern California in Los Angeles, California; (24) New York University in New York, New York; and (25) Tufts University in Medford, Massachusetts.

 

Section 5. This legislation can be amended anytime as required by law to add private universities to the foregoing list after meeting qualifications standards, but can only be amended to remove any private university for good cause of preponderance of evidence of illegality after a congressional investigation, if needed.

 

Section 6. The foregoing Ivy League universities are subject to strict adherence to the rule of law, ethics and professionalism as the elite and prestigious universities of the United States of America. This is an honor that brings a plethora of responsibilities in image and reputation. The Congress shall monitor the Ivy League universities and report to the government of the United States of America any illegality on behalf of the Ivy League universities. If any Ivy League university engages in any conduct that is illegal even one time, then the university will be immediately removed from the Ivy League thereby dispossessing the status of elite, prestigious and honorable in American higher education.  

 

Section 7. The Ivy League university shall continue to use diversity and inclusion as a factor in admissions decisions that fall short of affirmative action since affirmative action discriminates against White people or the status quo. However, using diversity and inclusion as a factor in a wide array of factors used to determine admissions decisions on a case-by-case basis is lawful since it does not discriminate or oppress White people or the status quo and thus will continue to render admissions decisions in accord with the rule of law. The Ivy League admissions policy shall be that if a prospective student has the right GPA and the right standardized testing schools to qualify them for admission, then he or she shall be extended a favorable admissions decision and deemed admitted while taking consideration of skewed standardized testing scores for minorities as lower than White people or the status quo. See Regents of University of California v. Bakke, 438 U.S. 265, 322 (1978); Grutter v. Bollinger, 539 U.S. 306, 462 (2003); Gratz v. Bollinger, 539 U.S. 244, 400 (2003), as interpreted and applied here.

 

Section 8. The preceding section is enacted pursuant to sound and fair admissions policy that recognizes the high achievement of multiple sectors of American society making minorities as competitive for admissions to top-ranking universities than their White counterparts. To reconcile federal jurisprudence and differing state law regarding the use of quotas in admission, this legislation enacts the lawful use of quota systems in accordance with the foregoing federal jurisprudence. This is being done to level the playing field between minority and non-minority students thereby displacing and substituting affirmative action in admissions for quota systems that use race as one factor in a wide array of factors on a case-by-case basis taking into consideration the historical disadvantage of minorities in education and especially in standardized testing. Affirmative action is thus eliminated for the aforementioned race-conscious approach to a bundle of factors used in admissions decisions on a case-by-case basis. 

 

Section 8. Princeton University is the Chair of the Ivy League schools since the headquarters of The Ivy League is in Princeton, New Jersey. The Chair shall hold networking functions, promote ethics and professionalism in all the Ivy League schools by maintaining a minimum criteria for social standing and social class as high.  

 

Section 9. Every Ivy League university shall teach etiquette as part of their first-year orientation for first-year college students, including also first-year graduate and/or first-year professional students. The Ivy League university shall hold networking functions for its students and/or staff and/or alumni, either together or separate, routinely to practice etiquette and networking. Alcohol may be served at networking functions to those aged 21 and above with valid identification to teach how to drink responsibly. Those under 21 will exhibit self-restraint and governance by refraining to partake in the affairs of alcohol consumption. These social functions can be delegated to student groups and alumni associations that already hold these events routinely. 

 

Section 10. This Joint Resolution does not alter or change any operational functions and/or oversight of the foregoing universities. Their respective Board of Trustees and/or Panel, Committee, Council, Commission, Executives, Dictorate, Group, Administrators, Cabinet, Assembly, Ministry, Governing Body, Panel of Trustees and/or Regents continue to be the private entity of private actors with ownership rights, title rights, possessory rights and oversight over all operational logistics and management of the Ivy League universities. 

 

Section 11. This Joint Resolution merely recognizes and officially establishes The Ivy League as the legitimate elite, prestigious and honorable universities of the United States of America. There are no additional rights, privileges, immunities and/or benefits conferred unto the Ivy League universities not expressly stated herein and none should be inferred neither actually nor constructively.

 

Section 12. Public universities are always ineligible to join the Ivy League because public universities are not private, commercial and exclusive universities. Moreover, the federal, state and local governments have ownership, title and possession of public universities for the benefit of the public. This does not mean that private universities are in any way better than public universities and the drafters of this bill refer to H.J. Res. 61 titled Public Ivy League Declaration Resolution. Public Ivy League Declaration Resolution, H.J. Res. 61, 118th Cong., §§ 1-16 (2023). 

Section 13. All Ivy League universities shall have a full-ride scholarship program covering all tuition and fees, including housing and food, that is privately and/or publicly funded for socio-economically disadvantaged first-generation college students on a needs-based basis only.

 

Section 14. Everything vested herein is non-negotiable, non-transferable and non-delegable expressed as provided here. Any and all claims at law and equity arising out of this legislation is subject to legislative immunity and barred at law. The drafters of this legislation reserve all the rights, privileges, immunities and benefits available at law. Nothing contained here is detrimental or adverse to the affected and/or interested parties regarding this legislation.  

Section 15. As such, any and all cases and/or controversies arising from this legislation are barred under the Speech or Debate Clause of Article I of the Constitution of the United States. U.S. Const. art. I, § 6, cl. 1.

 

Sponsored by Rep. Ian A. Medina (D-FL): 01/09/2023

 

Passes the U.S. House:

 

Passes the U.S. Senate: 

 

Sent to Governors & Ratified By 3/4ths State Legislatures in All States:

 

*Signed by President Joseph R. Biden: 

 

*President’s signature is superfluous and has no legal effect