What is a “Colorblind Constitution"?

You cannot begin to understand US politics without encountering the 14th Amendment, ratified in 1868 in the wake of the Civil War. On the surface, the Amendment seems straightforward: it guarantees the equal rights of citizens. But does that mean that race cannot be taken into account even in order to help ensure equality? In his concurring opinion in the affirmative action cases this year, Justice Clarence Thomas argued that the framers of the 14th Amendment intended to create a “colorblind” constitution. Any policy that took race into account – even if well-intentioned – was therefore unconstitutional. In her dissenting opinion, Justice Jackson took a very different view, arguing that the 14th Amendment justified programmes that gave Black people the leg up they needed to be truly equal. As so often in America, an argument about current politics is also an argument about history. Adam is joined by Professor Liz Varon, this year’s Harmsworth Visiting Professor at Oxford, and Emily Bazelon, staff writer for the New York Times Magazine and co-host of the Slate Political Gabfest.

The Last Best Hope? is the podcast of the Rothermere American Insitute at the University of Oxford. Presenter: Adam Smith. Producer: Emily Williams.

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