Simone Lawson
The US Constitution has been interpreted in different ways over the years, but it has been used to protect the rights of black Americans since the Fifteenth Amendment was passed in 1870. The Fifteenth Amendment prevents the States, or the United States, from giving preference to one citizen over another on account of race, colour, or previous condition of servitude. However, the US Constitution does not explicitly protect any racial group from discrimination. Instead, it has been interpreted by the Supreme Court to hold that all racial discrimination is constitutionally suspect. This includes discrimination against whites, Hispanics, Asians, and Native Americans.
| Characteristics | Values |
|---|---|
| Race | Black, White, Hispanic, Asian, Native American |
| Citizenship | People of African descent were once excluded from eligibility for US citizenship |
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What You'll Learn
The Fifteenth Amendment
Before the Fifteenth Amendment was adopted, it was within the power of a state to exclude citizens from voting on account of their race. Now, if citizens of one race with certain qualifications are permitted by law to vote, those of another race with the same qualifications must also be allowed to vote. The Amendment does not confer the right of suffrage upon anyone; it simply prevents the United States and individual states from giving preference to one citizen over another on the basis of race.
The Amendment was seen as a turning point for black Americans, with President Grant saying that it "completes the greatest civil change and constitutes the most important event that has occurred since the nation came to life." Many Republicans felt that with the Amendment's passage, black Americans no longer needed federal protection. Congressman and future president James A. Garfield stated that the Amendment's passage "confers upon the African race the care of its own destiny. It places their fortunes in their own hands."
Despite the Fifteenth Amendment, racial discrimination in voting practices has persisted. Cases of gerrymandering of electoral districts and the creation or maintenance of electoral practices that dilute and weaken black and other minority voting strength are subject to Fourteenth and Fifteenth Amendment and statutory attack.
Constitution Safeguards: Protected Groups and Their Rights
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Equal Protection
The US Constitution's Equal Protection Clause states that no citizen of the United States can be denied the right to vote based on their race or colour. This was established by the Fifteenth Amendment, which also prevents the United States or individual states from giving preference to one citizen over another on account of race.
The Equal Protection Clause has been interpreted by the Supreme Court to mean that all racial discrimination is constitutionally suspect, including against whites, Hispanics, Asians, and Native Americans. This interpretation has led to an ongoing debate over whether it is unconstitutional for governments to consider the race of certain groups as a positive factor in university admissions, employment, and government contracting.
Race-neutral affirmative action policies have been implemented by governments to increase opportunities for blacks, Hispanics, and Native Americans without relying on explicit racial classifications. Instead, these policies use preferences for characteristics that correlate with race, such as geographic classifications. However, the Supreme Court has held that non-racial classifications that are motivated by or have the effect of racial discrimination are subject to the same scrutiny as racial classifications.
The Equal Protection Clause also applies to the administration of election statutes, ensuring that white and black voters or candidates are treated equally. Cases of gerrymandering or the creation of electoral practices that dilute the voting strength of black and other minority groups violate the Equal Protection Clause and are subject to legal challenge under the Fourteenth and Fifteenth Amendments.
The Constitution's Safeguards for Judges and Their Rulings
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Affirmative action
The US Constitution does not protect any races. The Fifteenth Amendment prevents the United States from giving preference to one citizen over another on account of race, colour, or previous condition of servitude.
The Fourteenth Amendment also protects citizens from unequal treatment on the basis of race or colour. Affirmative action is a critical component of equal protection litigation. It refers to the degree to which the government is permitted to take race into account when formulating and implementing remedies to overcome the effects of past discrimination. Race-neutral affirmative action involves governments using preferences for characteristics that correlate with race instead of race itself to increase opportunities for certain racial groups. For example, some state universities give preferences to applicants who live in certain areas heavily comprised by certain racial groups.
The Supreme Court has held that all racial discrimination, including against whites, Hispanics, Asians, and Native Americans, is constitutionally suspect. There is an ongoing debate over whether it is unconstitutional for governments to consider the race of blacks, Hispanics, and Native Americans as a positive factor in university admissions, employment, and government contracting.
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Interracial marriage
The US Constitution does not explicitly mention race, but it does contain provisions that protect against racial discrimination. The Fifteenth Amendment, for example, prevents the United States or any State from denying a citizen the right to vote based on their race, colour, or previous condition of servitude. This amendment was considered a turning point in the struggle for civil rights, with President Grant calling it "the greatest civil change" since the nation's founding.
The Fourteenth Amendment's Equal Protection Clause has also been interpreted by the Supreme Court to prohibit all racial discrimination, including against whites, Hispanics, Asians, and Native Americans. This interpretation has led to an ongoing debate over whether affirmative action programmes that take race into account are constitutional.
One example of the Supreme Court's application of the Equal Protection Clause to racial discrimination is the 1967 case of *Loving v. Virginia*, in which the Court held that laws prohibiting interracial marriage violated the Equal Protection Clause. The case involved a couple, Mildred and Richard Loving, who had been sentenced to a year in prison for marrying each other, as Mildred was of African-American and Native American descent, while Richard was white. The Court's decision in *Loving v. Virginia* struck down laws prohibiting interracial marriage in sixteen states, ruling that such laws violated the Equal Protection Clause's guarantee that no state shall "deny to any person within its jurisdiction the equal protection of the laws".
While the Supreme Court's decision in *Loving v. Virginia* was a significant step forward in recognising the right to marry regardless of race, it is important to note that the struggle for racial equality in the United States did not end with this case. As demonstrated by the ongoing debate over affirmative action, the interpretation and application of constitutional protections against racial discrimination remain complex and evolving issues.
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University admissions
The US Constitution does not protect any races. The Fifteenth Amendment to the US Constitution prevents the States, or the United States, from giving preference to one citizen of the United States over another on account of race, colour, or previous condition of servitude. This means that if citizens of one race are permitted by law to vote, those of another race must be allowed to as well.
The Fourteenth Amendment also protects citizens from racial discrimination in university admissions. The Equal Protection Clause states that all racial discrimination, including against whites, Hispanics, Asians, and Native Americans, is constitutionally suspect. This has led to an ongoing debate over whether it is unconstitutional for governments to consider the race of blacks, Hispanics, and Native Americans as a positive factor in university admissions.
Some state universities give preferences to applicants who live in certain areas that are heavily comprised by certain racial groups. While these programs are assumed to be constitutional because they rely on geographic classifications, the Supreme Court has said that non-racial classifications that are motivated by racial discrimination and have the effect of racial discrimination are subject to the same scrutiny as racial classifications.
Race-neutral affirmative action is another way that governments try to increase opportunities for certain racial groups. By using preferences for characteristics that correlate with race instead of race itself, governments can increase opportunities for blacks, Hispanics, and Native Americans without explicitly considering race.
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Frequently asked questions
Yes, the US Constitution protects white people from racial discrimination. The Equal Protection Clause states that all racial discrimination, including against whites, Hispanics, Asians, and Native Americans, is constitutionally suspect.
Yes, the US Constitution protects black people from racial discrimination. The Fifteenth Amendment ensures that citizens of one race with certain qualifications are permitted by law to vote, and those of another race with the same qualifications must also be allowed to vote.
Yes, the US Constitution protects Hispanics from racial discrimination. The Equal Protection Clause states that all racial discrimination, including against Hispanics, is constitutionally suspect.
