Re: [issues] Re: Demographics - Reprise

[Kelly Lynn Martin]

On Sun, 9 Jan 2000 12:38:52 -0500, Robert Kiesling <[EMAIL PROTECTED]> 
said:

>Not really.  You might consider the magnitude and severity of
>discrimination.  I think that may be due to the shortsightedness of
>the Framers of the Constitution.  They couldn't possibly have forseen
>every cultural advance.

Well, the notion that the constitution forbids discrimination
generally really didn't come forward until Justice Stone's famous
"Footnote Four" in _United States v. Carolene Products_.  The Framers
clearly did not consider the issue at all, and it's quite evident that
the authors of the Fourteenth Amendment intended only to prohibit the
complete denial of basic rights on the basis of race.  The current
interpretation of the Fifth and Fourteenth Amendents is clearly a
product of the past 70 years of Constitutional interpretation, and has
little to do with Framer's intent.

Kelly

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