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On Tuesday, President Donald Trump issued an govt order revoking President Lyndon Baines Johnson’s Govt Order 11246 from September of 1965 (and plenty 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 could be learn right here.
The horrible flip taken by Johnson in the direction of “counting by race,” was a deep one, a flip prolonged by the Supreme Courtroom of america (SCOTUS) within the 1978 Bakke resolution and solely lastly and totally repudiated by SCOTUS lately is now federal coverage that may be enforced by the Civil Rights Division at DOJ and the Workplace of Civil Rights at Division of Schooling.
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 which means of the 14th Modification has taken from 1868, when the 14th Modification was ratified, till Tuesday to finish: Residents of america could not have penalties inflicted upon them or awards given them primarily based on any immutable attribute or non secular perception. No establishment, from Harvard Faculty, based lengthy earlier than the Structure was ratified, or the native comfort retailer, could lawfully violate this primary precept of the 14th Modification.
Don’t discriminate on the idea of race, gender, ethnicity or non secular 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 resolution and the Supreme Courtroom righted itself in Brown v. Board of Schooling 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 prior to now 20 years, “counting by race, gender, sexual orientation,” together with hardships and discrimination in opposition to folks 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 by way of REUTERS)
The Supreme Courtroom has flailed for nearly 50 years to lastly, and I hope irreversibly, decide on what Abraham Lincoln, Dr. Martin Luther King and most lately Chief Justice John Roberts has concisely and eloquently said within the 2007 case Mother and father Concerned in Group Colleges v. Seattle College District No. 1 when he wrote, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
The chief justice lacked adequate originalist allies on the best court docket to infuse this bedrock principal of sound constitutional legislation 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 which means of the 14th Modification and the Civil Rights Act of 1964 lately. Let any establishment problem this new EO and they’re going to uncover it’s on the firmest of constitutional grounds.
Bravo to the various arms that crafted it and particularly to President Trump who signed it.
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Hugh Hewitt is host of “The Hugh Hewitt Present,” 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 could 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 regularly 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 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 hundreds of friends 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 can drive his radio/TV present in the present day.
