The Constitution is supposedly the law of the land. From the preamble, the Founders’ stated intent must be considered in rendering accurate interpretations of articles and amendments. By ignoring the preamble’s provision to “establish justice” and narrowly focusing on the 14th Amendment to rule affirmative action unconstitutional, the Supreme Court ignored the Founders’ intent.
There is no perfect system to “establish justice.” Many aspects of American life hinder “justice for all.” Legacy, privilege, bias, race, class, community, gender, associations, and childhood education are some factors that influence educational opportunity and justice positively or negatively. Unfortunately, students of color often experience many negatives. One wishes color would not be a factor in educational opportunity and affirmative action would become unnecessary, but generational discrimination persists and corrective measures are needed. Widely available education is essential for democracy.
When the preamble is conveniently ignored, our Constitution as the law of the land becomes hollow. Obviously, the Supreme Court majority can rule the law is whatever they want and with selective semantical gymnastics justify almost any ruling. Court rulings now depend more on the prevailing judicial philosophy of the justices than precedent, constitutional law, or justice.
