September 26, 2005

14th Amendment: Not meant for equality for all

John Rosenberg picks up on a very interesting -- not to mention scary -- theory of the 14th Amendment to the Constitution by Judge Guido Calabresi, former Sterling Professor and Dean of the Yale Law School who was appointed to the Second Circuit Court of Appeals by President Clinton. Calabresi believes that

the 14th Amendment is entirely remedial and stands for the proposition that to give equality, you may need to treat some people differently.

Neat, huh? It gets better:

Calabresi also opined that, unlike the First Amendment, the 14th Amendment contains a psychological catch that suggests individual groups cannot flaunt their differences, "we will go out of our way to give you equality, but don't act too differently." The framers of the 14th Amendment, Calabresi believes, were writing with the First Amendment in mind, hoping that our society would one day reach total symmetry between the "we" and "they," so that 1st Amendment level of equality, with full "flaunting" privileges, would be reached by all groups in our society.

We have an e-mail in to our favorite legal blogger, Xrlq, for his take. We'll keep you posted.

Posted by Rhodey at September 26, 2005 03:54 PM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

I am not surprised. Working 'around' the Constitution is what passes for civil liberties these days. I am surprised though that a legal notable would say it out loud and expose himself to ridicule.

Posted by: mikem at September 27, 2005 08:09 PM

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