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2000

Civil Rights and Discrimination

Affirmative action programs

Articles 1 - 2 of 2

Full-Text Articles in Law

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel Jan 2000

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Articles

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Writing Off Race, Girardeau A. Spann Jan 2000

Writing Off Race, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action. The text never mentions the term, and the equal protection language in the Fourteenth Amendment simply begs the question of whether equality requires or precludes the use of affirmative action. The intent of the Framers is similarly unhelpful. We know that the drafters of the Fifth Amendment owned slaves, and the drafters of the Fourteenth Amendment envisioned a racially stratified society. But the Fourteenth Amendment was itself an affirmative action measure ...