The 14th Amendment’s Requirement of Equality Under Law Is a Dead Letter Constitutional Guarantee

Guest Post by Paul Craig Roberts

I explained and documented in my 1995 book, The New Color Line, that the EEOC had created in defiance of the 1964 Civil Rights Act and the 14th Amendment a two-tier legal system in which “preferred minorities” enjoyed rights superior to those of white American citizens to university admissions, employment, and promotion.  Less qualified blacks according to the objective admission scores can be admitted at the exclusion of more qualified whites, and less qualified blacks can be hired and promoted at the expense of more qualified whites.  I have stressed for many years that the failure of the courts to defend the 14th Amendment and the statutory language of the 1964 Civil Rights Act was resulting in the institutionalization of a status-based legal system totally at odds with the US Constitution.

Few, if any, have paid any attention.  The consequence is, as I said would be the case, that white Americans are legally second class citizens.  To be a second class citizen is certainly not a privilege.

My warning was unheeded that the racial privileges given to blacks would not be temporary as white liberals claimed, but would be institutionalized and subvert the Constitutional order.  This has clearly happened.

1964 was 59 years ago.  That is a long time for an illegal and unconstitutional policy to be tolerated.  Generations have passed.  The precedent of unequal treatment is set in stone.  How can it be removed?

The US Supreme Court recently ruled that the universities’ use of racially discriminatory admissions policies that favored blacks, the so-called “affirmative action” programs, were unconstitutional and ordered their end.

Little good it will do.  Without objective standards, it is difficult and likely impossible to tell if university admissions are discriminatory.  Consequently, university administrators have abandoned objective standards.  Today the standards are subjective, so how can discrimination be proven?

Additionally, preferences for blacks in order to amend for the past are ingrained in the existing moral order.  To challenge these preferences is regarded as racist and immoral. Thus, the demands of white liberals for the impeachment of the Supreme Court Justices for their racist and immoral act of prohibiting race-based unconstitutional preferred treatment.

The principle of special legal standing for American blacks is so ingrained that even Supreme Court Justice Sonia Sotomayor dissented on the grounds that the Court’s belated defense of the Constitution “rolls back decades of precedent and momentous progress.”

In other words, Justice Sotomayor prefers special privileges for blacks to the US Constitution.

So does US District Judge Stanley Bastian, chief judge of the Federal District Court for the Eastern District of Washington state, who ruled two  days ago that Starbuck Coffee was entitled to discriminate against white people in its hiring and promotion in order to raise its black employees to 30% of its work force, which is more than twice the proportion of blacks in the US population. In other words, Starbucks’ discrimination against white Americans goes far beyond achieving proportional representation, an original “justification” for racial preferences for blacks.  https://www.theepochtimes.com/mkt_app/article/judge-lets-starbucks-keep-its-race-based-hiring-quotas-5460141?utm_source=News&src_src=News&utm_campaign=breaking-2023-08-12-2&src_cmp=breaking-2023-08-12-2&utm_medium=email&est=c%2BFdxC9Lcoe5FDVuUiyGKH9SIYRXHQLjFpMWHH3zo1Q3ilK5vgo6nw%3D%3D

White Americans are so accustomed to discrimination against them that they regard it as the natural order and continue to patronize Starbucks.  The younger white generation has been raised to expect and to accept discrimination against them unless they claim to be sexual perverts.

The United States of America has arrived at its demise.  Not even Supreme Court Justices and Federal District judges are supportive of, and willing to defend, the US Constitution.  Neither are law schools, corporations such as Starbucks, the Democrat Party, the media, Congress and the executive branch.  The US Constitution has been abandoned by every institution, governmental and private. The New York Times “1619 Project” describes the US Constitution as “a racist document.”

As, I have stressed for decades, the United States is the Constitution, what is the United States today without the Constitution?

As an Amazon Associate I Earn from Qualifying Purchases
-----------------------------------------------------
It is my sincere desire to provide readers of this site with the best unbiased information available, and a forum where it can be discussed openly, as our Founders intended. But it is not easy nor inexpensive to do so, especially when those who wish to prevent us from making the truth known, attack us without mercy on all fronts on a daily basis. So each time you visit the site, I would ask that you consider the value that you receive and have received from The Burning Platform and the community of which you are a vital part. I can't do it all alone, and I need your help and support to keep it alive. Please consider contributing an amount commensurate to the value that you receive from this site and community, or even by becoming a sustaining supporter through periodic contributions. [Burning Platform LLC - PO Box 1520 Kulpsville, PA 19443] or Paypal

-----------------------------------------------------
To donate via Stripe, click here.
-----------------------------------------------------
Use promo code ILMF2, and save up to 66% on all MyPillow purchases. (The Burning Platform benefits when you use this promo code.)
Click to visit the TBP Store for Great TBP Merchandise
Subscribe
Notify of
guest
16 Comments
Iska Waran
Iska Waran
August 14, 2023 7:44 am

No one has ever been governed by a document.

VOWG
VOWG
  Iska Waran
August 14, 2023 10:09 am

Human nature usually does not allow such a thing for very long.

The Central Scrutinizer
The Central Scrutinizer
August 14, 2023 7:44 am

I guess PCR hasn’t heard the news. The Constitution is a dead letter in its entirety and the Government is a den of Forth Reich NAZIS…the FBI being the New Age Gestapo!

Fuck this country!

overthecliff
overthecliff
  The Central Scrutinizer
August 14, 2023 9:01 am

Change country to government and I agree.

The Central Scrutinizer
The Central Scrutinizer
  overthecliff
August 14, 2023 9:04 am

It’s the same picture. You can’t deny that we got to this point because the fucking PUBLIC ALLOWED it.

VOWG
VOWG
  The Central Scrutinizer
August 14, 2023 10:12 am

That would be true, otherwise it would not be. The 2020election is probably the culmination of the democrat/communist push. The people have allowed it to stand, THE F****** STUPID PEOPLE.

Ubiquitous Asshole
Ubiquitous Asshole
  The Central Scrutinizer
August 14, 2023 10:58 pm

Let’s face it, although a less worldly for the most part kind of wisdom, our ancestors were a lot smarter than we are. And most of our grandparents would not tolerate this; they’d grab our ARs and Aks and spit on us as they slung the weapon around their backs, pushed their walkers to the car, and took off to get business done, again.

VOWG
VOWG
  overthecliff
August 14, 2023 10:10 am

Yes. Failure to use the Second Amendment will be the greatest failure of all.

Ouirphuqd
Ouirphuqd
August 14, 2023 7:48 am

The time is near, insanity runs its natural course and finally burns itself out. The straw on the camel’s back can be any of a number of things since the country is in full fledge democrat mob rule. Any bets?

Steve Z.
Steve Z.
August 14, 2023 8:13 am

Seeing a Russian Revolution type war in the US among the Bolshevik Reds vs the Constitution defending Whites doesn’t seem too far fetched anymore.

Anthony Aaron
Anthony Aaron
  Steve Z.
August 14, 2023 12:01 pm

And the same folks who brought the October Revolution to Russia in 1917 — and who brought Weimar 1.0 to Germany in the ’20s — have been bringing both to the United States (and the rest of the European world) for quite some time … 

Ubiquitous Asshole
Ubiquitous Asshole
  Steve Z.
August 14, 2023 11:00 pm

Not totally, because only imagining the horror isn’t enough, but I almost welcome it. A good cleansing would do this nation a world of good.

Anthony Aaron
Anthony Aaron
August 14, 2023 11:57 am

I recall from law school the notions of ‘substantive due process’ and ‘disparate impact’ that twisted the 14th Amendment into the abomination it is today. That’s one more amendment that should have never existed … or, like the 18th — one that should have been countermanded … 

Now the 14th Amendment is used as a bludgeon against those who wish for a return to a strict construction of the Constitution and the Bill of Rights … and it has, quite effectively, repealed the 9th and 10th Amendments.

The True Nolan
The True Nolan
  Anthony Aaron
August 14, 2023 6:13 pm

The 14th was never legally passed — but we are stuck with it anyways.

Someone please correct me if my memory is wrong, but I seem to remember that the 14th was passed like this:
1)The Civil War was fought, ostensibly, to put down a rebellion by Southern States which refused to recognize that States had NO RIGHT to leave the perpetual Union.
2) The Confederacy was defeated.
3) The Southern States (now with new Northern-approved governments), were allowed to resume their representation in federal legislation.
4) The 13th Amendment was ratified by votes, including those of the South.
5) The 14th Amendment was NOT passed because many of the Southern States reused to approve it.
6) The Union States expelled the Southern States who refused to vote for the 14th. (Yes. Only a year or two before, the South had no right to leave the Union, but now it had no right to stay.)
7) Expelled States (who now had no right to vote for the 14th) were told that the only way they would be allowed to rejoin the government was to vote for the 14th.
8) The expelled States (who had no right to vote) voted for the 14th.
9) Having already voted for the 14th they were then allowed to rejoin the Union.

Anonymous
Anonymous
  The True Nolan
August 14, 2023 6:22 pm

Now do the 16th.

I’ll just add,

Political power grows out of the barrel of a gun – Mao Zedong.

Human rights, rules, laws, constitutions, BoR all meaningless as Mao so eloquently stated.

Junious Ricardo Stanton
Junious Ricardo Stanton
August 14, 2023 7:29 pm

What the writer fails to realize and admit is, it is not Black people who are pushing and enforcing these policies! He also has selective amnesia when it comes to admitting the 14th Amendment has never been fully enforced as far as equal protection under the law when it comes to Black people; just as he fails to admit the 13th Amendment did not I repeat did not abolish slavery in the US. Read them for yourself and see.
Black people have been duped and used as pawns by the Democratic Party during the latter part of 20th and 21st centuries and we were sold out by the Republicans in the 19th Century. Our real salvation is not in the bought and paid for corrupt political system!
Lastly there aren’t that many Black people in the US to take all the jobs White folks claim were stolen from them, look at the unemployment rates among Black people! We are being played on both sides by the plutocrats! Black people are the canaries in the mines; what they do to us, they eventually do to you; think the dumping of heroin and crack cocaine into our communities while meth, cocaine, opioids and fentanyl are running rampant in the White communities. Divide and rule, eugenics and depopulation at work.