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" "One cannot speak of "groups" as though society were objectively subdivided... Instead, people draw lines, attribute differences, as a way of ordering social justice—of deciding who may occupy what place, play what role, engage in what activity. Thus, in order to justify the role of chattel that blacks initially played in our society, we may have differentiated that role by describing it in terms of the most obvious distinguishing feature... equating race and role. This equation and thus "group" survived the Civil War and the Thirteenth Amendment... simply by reason of confusion or inertia, but because the role that society allowed remained partially unchanged; thus, the need to justify the role by differentiating it, by seeing not the role but the group—"inferior" blacks capable of nothing better...—persisted.
Laurence Henry Tribe (born October 10, 1941) is an American constitutional law scholar, the Carl M. Loeb University Professor at the , and co-founder of the . He is the author of several books, including a major treatise, American Constitutional Law (1978) and has argued before the dozens of times.
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The visible Constitution... certainly doesn't answer very many of the persistent questions about what it means in any particular case and at any particular time. Indeed, the Constitution even tells us that it doesn't tell us: The Ninth Amemdment... expressly says, "The enumeration in the Constitution of certain rights shall not be construed to deny of disparage others retained by the people." In plain English there's more than meets the eye.
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