Question of the Day

Constitution & Racial Discrimination

Does the U.S. Constitution forbid federal, state and local governments from engaging in racially discriminatory actions?

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During a 2022 U.S. Supreme Court hearing, Justice Ketanji Brown Jackson claimed that the Constitution doesn’t require government to act in a “race-neutral” manner. Instead, she declared that government is constitutionally authorized to make people “equal” by taking “race-conscious” actions. In reality, the Constitution’s 14th Amendment forbids governments from denying “any person within its jurisdiction the equal protection of the laws.” And when Senator Jacob Howard (R–OH) introduced the 14th Amendment, he explained that it “does away with the injustice of subjecting one caste of persons to a code not applicable to another.” These and a host of other facts show that the Constitution forbids federal, state and local governments from engaging in racially discriminatory actions.



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