
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. But I think what's really important for all of us to kind of understand and to know is that you can say that the law is equal and that you shouldn't discriminate, but that doesn't mean that inequality disappears.
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