Eugene Volokh politely eviscerates Paul Craig Roberts today for arguing that the Constitution used to stand for equality in law and no longer does. But he omits the most obvious counterexample, the Three-Fifths Compromise. Article 1, Section 2, Clause 3:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

Roberts is flaying race preferences, but hyperbole in service of a good cause is an especially bad idea. Who was it who said not to worry about your enemies, it’s your friends you have to look out for?

Aaron Haspel | Posted January 6, 2003 @ 10:29 PM | General

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