Race-Based Affirmative Action and International Law
20 Pages Posted: 11 Jun 2014
Date Written: 1997
This essay identifies the propriety of affirmative action under treaty law of the United States and why treaty-based permissibility must prevail under the Supremacy Clause of the U.S. Constitution against inconsistent state law. Treaty-based permissibility also provides a compelling state interest and a superior federal policy that must prevail absent direct impermissibility of affirmative action under the U.S. Constitution. The essay also notes that equality is a process in which we all participate and that one should focus on the need for a shared and equal protection of each of us from ongoing processes of discrimination.
Keywords: affirmative action, compelling, Constitution, differentiation, discrimination, equality, equal protection, human dignity, human right, ICCPR, international law, preemption, process, race, racial, special measures, state law, supremacy, supreme law, treaty
Suggested Citation: Suggested Citation