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 Public Ivy League of American public universities as the top public universities and to recognize The Public Ivy League as the rule of law for top public universities in the United States of America, which is a reflection of the excellent state governments and federal government that manage and operate public universities in 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 Public Ivy League of American public universities as the top public universities in the nation endowing them all with land, sea and space research grants, if needed, and monies in endowment as decided by the Congress. 

 

Section 4. The following public universities comprise The Public Ivy League as enacted herein in no particular order, to wit: (1) University of California, Los Angeles in Los Angeles, California; (2) University of California, Berkeley in Berkeley, California; (3) University of Michigan, Ann Arbor in Ann Arbor, Michigan; (4) University of Virginia in Charlottesville, Virginia; (5) University of California, Santa Barbara in Santa Barbara, California; (6) University of Florida in Gainesville, Florida; (7) University of North Carolina, Chapel Hill in Chapel Hill, North Carolina; (8) University of California, San Diego in San Diego, California; (9) University of California, Irvine in Irvine, California; (10) Georgia Institute of Technology in Atlanta, Georgia; (11) University of California, Davis in Davis, California; (12) University of Texas at Austin in Austin, Texas; (13) William & Mary in Williamsburg, Virginia; (14) University of Wisconsin, Madison in Madison, Wisconsin; (15) University of Illinois, Urbana-Champaign in Champaign, Illinois; (16) University of Georgia in Athens, Georgia; (17) Ohio State University, Columbus in Columbus, Ohio; (18) Purdue University, West Lafayette in West Lafayette, Indiana; (19) Florida State University in Tallahassee, Florida; (20) University of Maryland, College Park in College Park, Maryland; (21) University of Pittsburgh in Pittsburgh, Pennsylvania; (22) University of Washington in Seattle, Washington; (23) Pennsylvania State University in University Park, Pennsylvania; (24) Rutgers University in New Brunswick, New Jersey; (25) University of Connecticutt in Storrs, Connecticutt; (26) Indiana University in Bloomington, Indiana; (27) Texas A&M University in College Station, Texas; (28) University of Massachusetts in Amherst, Massachusettes; (29) University of Minnesota in Minneapolis, Minessota; and (30) Clemson University in Clemson, South Carolina. 

 

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

 

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

 

Section 7. The Public 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 schools 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. University of California, Los Angeles is the Chair of the Public Ivy League schools since the headquarters of The Public Ivy League is in Los Angeles, California. The Chair shall hold networking functions, promote ethics and professionalism in all the Public Ivy League schools by maintaining a minimum criteria for social standing and high social class. .  

 

Section 9. Every Public 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 Public 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 Public Ivy League universities subject to the rule of the governments that make these institutions public. 

 

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

 

Section 12. Private universities are always ineligible to join the Public Ivy League because private universities are not public, governmental and open universities. This does not mean that public universities are in any way better than private universities and the drafters of this bill refer to H.J. Res. 38 titled Ivy League Declaration Resolution. Ivy League Declaration Resolution, H.J. Res. 38, 118th Cong., §§ 1-15 (2023). 

 

Section 13. All Public Ivy League universities shall be Division 1 schools in the National Collegiate Athletic Association and shall have a football team that participates in inter-collegiate football games in the fall season of each school year. Football shall be a prevalent part of the identity, culture and customs of the Public Ivy League universities with allowance for tailgates on-campus and tailgates off-campus under the rule of law. The Public Ivy League universities shall build a state-of-the-art football arena, if needed, using the endowment granted by the government to build football infrastructure in each public university listed herein. 

 

Section 14. All Public 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 students on a needs-based basis only. 

Section 15. 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 16. 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