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    A "correct" reading of the Constitution does not allow affirmative action in higher education


    The text of the Constitution allows the government to take actions based on race

    In reality, race-conscious government action has long been permissible under the Constitution. The Constitutional Accountability Center has established that the text and history of the Constitution permit race-conscious measures:

    For the last four decades, the fight over the constitutionality of race-conscious measures to foster equality has been reduced to a sound-bite - whether the Fourteenth Amendment is "color-blind" - with conservatives claiming the mantle of Justice' s Harlan's dissent in Plessy v. Ferguson to argue that the Fourteenth Amendment prohibits virtually all use of race by the government. Progressives, all too often, have missed their most powerful rejoinder: the Fourteenth Amendment's text and history. As our brief explains, not only does the Amendment's text permit government to enact race-conscious policies to fulfill the Constitution's promise of equality, but the Framers of the Amendment themselves enacted many such measures.