The Marine Corps I am also unpersuaded by Amar’s invocation of the Civil Rights Act of 1866, which stated that “All persons born in the United States . I also believe that some types of racial discrimination by the federal government may be banned by other parts of the Constitution. Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. I would therefore be happy to post any reply he might care to submit at a later date. It has been accepted for inclusion in … following in the footsteps of George Washington, Alexander Hamilton, James Madison, John Marshall, Joseph Story, and Abraham Lincoln, among others. endstream endobj 471 0 obj < . . h�b```��,̇@��(����Q�ed )��ʥʱ�����;�F�����xY�3�f������%���7��Aƒ���i�S����v;��A��A�=0Bq�����A�)$6��h`�X@,���A��T��h��$��y���qe`P�1�`������Q���1�Q�Q������,�p`�10��BB�i�6g`�����*�9��@ʖ���D�*@� 1�[/ Testimony of Akhil Reed Amar —Text .

I don’t deny this, and even added an update to my post, where I noted that “I have updated this post slightly to make clear that it is the text of Section 2 [I meant to say the latter part of Section 1] of the Fourteenth Amendment (which includes the Equal Protection Clause and the Privileges or Immunities Clause) that only applies to state governments. It’s also worth noting that the Civil Rights Act of 1866 does not apply to all types of racial discrimination by government, but merely that which pertains to “laws and proceedings for the security of person and property.” It therefore did not apply to racial discrimination by state universities of the kind at issue in the affirmative action litigation that led to my original post.The conventional wisdom in the nineteenth century was that citizenship status was very much compatible with various types of discrimination between citizens. Originalism is neither partisan nor outlandish. The drafters of the Fourteenth Amendment also assumed that granting citizenship to African-Americans did not automatically entitle them to equal civil or political rights. Consider this passage from It has been… objected that, if free colored persons, born within a particular State and made citizens of that State by its Constitution and laws, are thereby made citizens of the United States, then, under the second section of the fourth article of the Constitution, such persons would be entitled to all the privileges and immunities of citizens in the several States, and, if so, then colored persons could vote, and be eligible to not only Federal offices, but offices even in those States whose Constitution and laws disqualify colored persons from voting or being elected to office.But this position rests upon an assumption which I deem untenable. Besides, this clause of the Constitution does not confer on the citizens of one State, in all other States, specific and enumerated privileges and immunities. 500 0 obj <>stream Section 2 [actually the latter part of Section 1] of the Amendment forbids racial discrimination by state governments of the sort banned by the 1866 Act. To what citizens the elective franchise shall be confided is a question to be determined by each State in accordance with its own views of the necessities or expediencies of its condition.

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