Affirmative Action and the 14th Amendment
Live at the National Constitution Center
Is the 14th Amendment Consistent With Affirmative Action?
In the oral argument, Justice Jackson had a very different view of the original understanding and noted to all sorts of race conscious laws that Congress passed at the time of reconstruction. The plaintiffs in affirmative action cases have brought what they seem to be arguing is that our Constitution is colorblind; we shouldn't even think about race. But I think what's really important for all of us to kind of understand ... is that you can say that the law is equal but that doesn't mean that inequality disappears.
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