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On Tuesday, President Donald Trump issued an govt order revoking President Lyndon Baines Johnson’s Government Order 11246 from September of 1965 (and lots of different related orders and memoranda from over the many years since). Trump’s new order is true to the Civil Rights Act of 1964 and the 14th Modification. Trump’s order might be learn here.
The horrible flip taken by Johnson in direction of “counting by race,” was a deep one, a flip prolonged by the Supreme Court of the United States (SCOTUS) within the 1978 Bakke determination and solely lastly and totally repudiated by SCOTUS in recent times is now federal coverage that may be enforced by the Civil Rights Division at DOJ and the Workplace of Civil Rights at Division of Training.
That is neither a “liberal” nor a “conservative” motion. It’s the Structure talking, because the Structure was amended to eradicate the good stain of slavery after the lengthy and bloody Civil Struggle.
TRUMP TARGETS CULTURE WAR LIGHTNING RODS IN EARLY SLATE OF EXECUTIVE ORDERS
The trail to the unique public that means of the 14th Modification has taken from 1868, when the 14th Modification was ratified, till Tuesday to finish: Residents of america might not have penalties inflicted upon them or awards given them primarily based on any immutable attribute or spiritual perception. No establishment, from Harvard Faculty, based lengthy earlier than the Structure was ratified, or the native comfort retailer, might lawfully violate this primary precept of the 14th Modification.
Don’t discriminate on the premise of race, gender, ethnicity or spiritual perception. Interval.
The nineteenth century SCOTUS took a horrible flip within the Slaughterhouse Instances which mangled the interpretation of the 14th Modification after which the Plessy determination and the Supreme Courtroom righted itself in Brown v. Board of Training in 1954. The Congress enshrined the core precept above within the Civil Rights Act of 1964.
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Johnson didn’t perceive what he launched, however up to now 20 years, “counting by race, gender, sexual orientation,” together with hardships and discrimination towards individuals of religion have taken deep root in authorities and elite establishments.
US Supreme Courtroom Chief Justice John Roberts and Supreme Courtroom Justice Brett Kavanaugh arrive for the inauguration ceremony earlier than Donald Trump is sworn in because the forty seventh US President within the US Capitol Rotunda in Washington, D.C., on January 20. (Saul Loeb//Pool through REUTERS)
The Supreme Courtroom has flailed for nearly 50 years to lastly, and I hope irreversibly, choose what Abraham Lincoln, Dr. Martin Luther King and most just lately Chief Justice John Roberts has concisely and eloquently said within the 2007 case Mother and father Concerned in Neighborhood Colleges v. Seattle College District No. 1 when he wrote, “The best way to cease discrimination on the premise of race is to cease discriminating on the premise of race.”
The chief justice lacked ample originalist allies on the best court docket to infuse this bedrock principal of sound constitutional regulation into each fiber of presidency at each stage of presidency till President Trump nominated and america Senate confirmed three new justices throughout Trump’s first time period. Now the originalist majority is a stable six votes.
Trump’s govt order could also be challenged. I hope it’s.
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The Supreme Courtroom, constructed partially by President Trump, has already affirmed the unique that means of the 14th Modification and the Civil Rights Act of 1964 in recent times. Let any establishment problem this new EO and they’re going to uncover it’s on the firmest of constitutional grounds.
Bravo to the numerous palms that crafted it and particularly to President Trump who signed it.
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Hugh Hewitt is host of “The Hugh Hewitt Show,” heard weekday mornings from 6am to 9am ET on the Salem Radio Community, and simulcast on Salem Information Channel. Hugh wakes up America on over 400 associates nationwide, and on all of the streaming platforms the place SNC might be seen. He’s a frequent visitor on the Fox Information Channel’s information roundtable hosted by Bret Baier weekdays at 6pm ET. A son of Ohio and a graduate of Harvard Faculty and the College of Michigan Regulation College, Hewitt has been a Professor of Regulation at Chapman College’s Fowler College of Regulation since 1996 the place he teaches Constitutional Regulation. Hewitt launched his eponymous radio present from Los Angeles in 1990. Hewitt has incessantly appeared on each main nationwide information tv community, hosted tv reveals for PBS and MSNBC, written for each main American paper, has authored a dozen books and moderated a rating of Republican candidate debates, most just lately the November 2023 Republican presidential debate in Miami and 4 Republican presidential debates within the 2015-16 cycle. Hewitt focuses his radio present and his column on the Structure, nationwide safety, American politics and the Cleveland Browns and Guardians. Hewitt has interviewed tens of 1000’s of company from Democrats Hillary Clinton and John Kerry to Republican Presidents George W. Bush and Donald Trump over his 40 years in broadcasting. This column previews the lead story that may drive his radio/TV present immediately.
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