Great Imprimis article here.
In the middle section where he lays the Constitutional principle groundwork, he makes an intriguing argument for incrementalism. The Founders couldn't get the constitution adopted without the support of slaveholding states. But the constitution and Declaration assumed in the long run that all men are created equal.
"Prudential compromises regarding slavery in the Constitution were actually in the service of eventual emancipation.... Eliminate as much evil as possible, while possible, without destroying the basis for the elimination of further evil."
Much of the rest was of a more obscure nature, on the constitutionality of modern affirmative action programs. Interesting to some, maybe. But that middle section (lots of Lincoln quotes) deserves attention from a broad audience.
Were the 13-15th amendments in the wake of reconstruction the climax of our founding a nation of equal rights, or were they the camel's nose in the tent that have since caused all kinds of problems?
Check it out.
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