Brown Again

As Story wrote about the Titles of Nobility Clause,

"As a perfect equality is the basis of all our institutions, state and national, the prohibition against the creation of any titles of nobility seems proper, if not indispensable, to keep perpetually alive a just sense of this important truth. Distinctions between citizens, in regard to rank, would soon lay the foundation of odious claims and privileges, and silently subvert the spirit of independence and personal dignity, which are so often proclaimed to be the best security of a republican government."

It seems to me quite reasonable to interpret the guarantee of "equal protection of the laws" — with the help both of common sense and psychological research — as recognizing the similarly harmful effects of "[d]istinctions between citizens, in regard to [race]."

- Eugene Volokh

Eugene Volokh's comments should be read in their entirety, including his debate with a conservative critic of the decision. I particularly like his use, not just limited to him but underutilized all the same, of the Titles of Nobility Clause, which is but one way the equality principle was protected long before the Equal Protection Clause. Also, I forgot to mention that 5/17 was the one year anniversary of my blog. It has been fun; one of these days, I shall find a good "look." Note also the "Recent Books" section that was added, which shall be periodically updated.

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Also ... The prison at Abu Ghraib has been renamed "Camp Redemption." The quasi-religious and/or re-education connotations of this troubles me. Talking about troubling, some of my usual supporters surely don't like my stance on the ban on smoking in city eateries and so forth. It led to a good discussion, however, and suggests the benefits of talking about more than the "same old thing." As you might note, recently I did try to talk about more than the usual topical political stuff.