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The Equal Protection Clause does not prevent the government from discriminating in all cases. What are the various Constitutional Classifications and...


You should also be aware that the Fifth Amendment applies to the Federal government, while the Fourteenth Amendment applies to the states. Additionally, it is important to understand the term "strict scrutiny" is so strong that there is likely to be no compelling state or federal interest that would allow a government to act exclusively on the basis of race. 

A bit of history that is important to understand is that the Fourteenth Amendment had to be passed because there was nothing in the Constitution to prohibit states from discriminating against African-Americans, and after the Civil War, the Southern states proceeded to discriminate enthusiastically against them.  Had not the Fourteenth Amendment been passed, any state could do so to this day. 

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