If you are wondering how a new initiative, My Brother’s Keeper,
which would assist at-risk African and Hispanic males, is
constitutional, you are not alone. This is not a situation in which
there has been any finding of any discrimination (which might trigger
Section 5 of the 14th Amendment, which provides, “The Congress shall
have power to enforce, by appropriate legislation, the provisions of
this article”).
Roger Clegg, head of the Center for Equal Opportunity, thinks this is flat-out unconstitutional.
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