The Unconstitutionality of “Protected Classes”

The principle of protecting certain classes of people based on race or ethnicity stands in direct opposition to the United States Constitution. This approach violates the foundational promise of equality under the law. For more than 150 years, guilt over past injustices has led Americans to overlook this reality, resulting in policies that assault the Constitution itself. True equality demands an end to such classifications.

Constitutional Foundations

The Declaration of Independence proclaims that “all men are created equal,” endowed by their Creator with unalienable rights. The Fourteenth Amendment reinforces this ideal. Ratified in 1868, its Equal Protection Clause states: “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” This provision applies to all persons without exception for race or ethnicity. The Supreme Court has long held that racial classifications trigger strict scrutiny, requiring a compelling government interest and narrow tailoring. Any preference or protection based on race inherently treats individuals unequally.

Key Supreme Court Rulings

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (2023), the Supreme Court struck down race-conscious admissions programs at Harvard and the University of North Carolina. Chief Justice John Roberts wrote that these programs violated the Equal Protection Clause because they lacked measurable objectives, used race negatively, relied on stereotypes, and had no logical end point. The ruling reaffirmed that the Constitution prohibits government from sorting citizens by race, even under claims of promoting diversity.

Earlier decisions such as City of Richmond v. J.A. Croson Co. (1989) demanded strict evidence of specific discrimination before allowing race-based remedies. These precedents reject broad preferences rooted in racial categories.

The Problems with Protected Classes

Protected-class frameworks extend this unconstitutional logic across employment, contracting, education, and beyond. They create hierarchies of victimhood and privilege, pitting groups against one another. Far from inclusive, such systems are inherently racist and separatist. They assume individuals cannot succeed without racial crutches and that some races require perpetual shielding. This contradicts the color-blind ideal articulated in the Civil Rights Act of 1964, which aimed to eliminate discrimination, not institutionalize it in reverse.

A clear illustration of this imbalance appears in sentencing enhancements for crimes against certain government officials. The murder of a police officer, for example, often carries far more severe penalties than the murder of an ordinary citizen. While society rightly values those who serve in law enforcement, elevating one class of victims based on occupation creates the same unequal protection condemned by the Constitution. All lives hold equal worth under the law. Such distinctions mirror race-based preferences by granting heightened status to one group over another, violating the Equal Protection Clause’s demand for impartial justice.

Guilt, Power, and Manipulation

Guilt has clouded judgment for generations. Post-Civil War amendments sought to secure equality after slavery. Yet subsequent policies drifted into group entitlements justified by historical wrongs. The left has exploited this guilt to advance power through division. By framing opposition as insensitive or bigoted, advocates duped citizens into accepting violations of foundational documents. These actions serve control rather than fairness. They foster dependency and resentment instead of individual merit and national unity.

The Path to Genuine Equality

Restoring constitutional fidelity requires rejecting protected classes outright, whether based on race, ethnicity, or official position. Government must treat every citizen as an individual, not a favored category. Policies should focus on neutral criteria such as need, merit, or conduct, not ancestry or occupation. This path honors “all men and women are created equal.” It rejects separatist thinking for genuine inclusion under one American identity.



America’s founding documents reject race-based or position-based governance. Ignoring this for guilt-driven expediency has eroded liberty. Ending these practices is not regression but restoration. Only by embracing true equality, without favoritism, can the nation fulfill its promise of justice for all.

Michael J Badagliacco, “MJB”