Live from the Roasterie: On "Mismatch Theory": "Well, in fairness, the constitutional arguments against affirmative action...
:...are no better than the policy ones (‘Article I was originally understood in 1787 as forbidding all racial classifications! I am not a crackpot!)...
Adarand Constructors, Inc. v. Pena: "Government can never have a 'compelling interest' in discriminating on the basis of race...
:...in order to 'make up' for past racial discrimination in the opposite direction.... Under our Constitution, there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual, see Amdt. 14, § 1... equal protection... see Amdt. 15, § 1 (prohibiting abridgment of the right to vote 'on account of race') or based on blood, see Art. III, § 3 ('[N]o Attainder of Treason shall work Corruption of Blood'); Art. I, § 9 ('No Title of Nobility shall be granted by the United States').... In the eyes of government, we are just one race here. It is American...