Over the past 30 years, this Court has embarked upon the crucial mission of interpreting the Equ l Protection Clause with the view of assuring to all persons "the protection of equal laws," Yick Wo, supra, 118 U.S., at 369, 6 S.Ct., at 1070, in a Nation confronting a legacy of slavery and racial discrimination. For, if the Equal Protection Clause required such a violation as a predicate, the Regents could simply have promulgated a regulation prohibiting disparate treatment not justified by the need to admit only qualified students, and could have declared Davis to have been in violation of such a regulation on the basis of the exclusionary effect of the admissions policy applied during the first two years of its operation.

703 (1937), that the Equal Protection Clause began to attain a genuine measure of vitality, see, e. g., United States v. Carolene Products, 304 U.S. 144, 58 S.Ct. Specific definitions were undesirable, in the views of the legislation's principal backers, because Title VI's standard was that of the Constitution and one that could and should be administratively and judicially applied. 109 Cong.Rec. If we did that we would not need to worry about discrimination." See also id., at 2766 (remarks of Rep. Matsunaga); 2731-2732 (remarks of Rep. Dawson); 2595 (remarks of Rep. Donohue); 1527-1528 (remarks of Rep. Celler). Katzenbach v. Morgan, 384 U.S. 641, 86 S.Ct. "Title VI closes the gap between our purposes as a democracy and our prejudices as individuals. Its inclusion reflects the congressional judgment that the requirements imposed by Title VI are identical to those imposed by the Constitution as interpreted by the federal courts. 158, 159, 62 L.Ed. App. 95-205, 91 Stat. These remarks also reflect the expectations of Title VI's proponents that the application of the Constitution to the conduct at the core of their concern—the segregation of Negroes in federally funded programs and their exclusion from the full benefits of such programs—was clear. In addition, there is simply no evidence that the Davis program discriminates intentionally or unintentionally against any minority group which it purports to benefit. Section 2000d-5 provides that "for the purpose of determining whether a local educational agency is in compliance with [Title VI], compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with [Title VI], insofar as the matters covered in the order or judgment are concerned." 2804, 37 L.Ed.2d 723 (19 3), private schools that received state aid were held subject to the Fourteenth Amendment's ban on discrimination, but the Court's test required "tangible financial aid" with a "significant tendency to facilitate, reinforce, and support private discrimination." 462 (1884). 247 (1948); Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 778, 82 L.Ed. As with other provisions of the Civil Rights Act, Congress' expression of its policy to end racial discrimination may independently proscribe conduct that the Constitution does not.20 However, we need not decide the congruence—or lack of congruence of the controlling statute and the Constitution since the meaning of the Title VI ban on exclusion is crystal clear: Race cannot be the basis of excluding anyone from participation in a federally funded program. Belatedly, however, petitioner argues that Title VI cannot be enforced by a private litigant. Indeed, the weight attributed to a particular quality may vary from year to year depending upon the "mix" both of the student body and the applicants for the incoming class. The Senate's consideration of Title VI reveals an identical understanding concerning the purpose and scope of the legislation. . Had the Court in that decision and others been willing to "do for human liberty and the fundamental rights of American citizenship, what it did .

Other sponsors shared Representative Celler's view that Title VI embodied constitutional principles.21, In the Senate, Senator Humphrey declared that the purpose of Title VI was "to insure that Federal funds are spent in accordance with the Constitution and the moral sense of the Nation." 429 U.S. 1090, 97 S.Ct.

In enjoining petitioner from ever considering the race of any applicant, however, the courts below failed to recognize that the State has a substantial interest that legitimately may be served by a properly devised admissions program involving the competitive consideration of race and ethnic origin. Id., at 1519 (Rep. Celler) (emphasis added). intent to prohibit a racially conscious admissions program designed to assist those who are likely to have suffered injuries from the effects of past discrimination. . 756, 762-763 (1968); Goldberg v. Regents, 248 Cal.App.2d 867, 874, 57 Cal.Rptr. 1785, 1795, 36 L.Ed.2d 596. It reflects a subjective judgment that is standardless. [108] The court's decision in the 2013 case of Fisher v. University of Texas made alterations to the standards by which courts must judge affirmative action programs, but continued to permit race to be taken into consideration in university admissions, while forbidding outright quotas. Only those who have been cut off can go to court and present their claim." [92] According to Oxford University Chair of Jurisprudence Ronald Dworkin, the court's decision "was received by the press and much of the public with great relief, as an act of judicial statesmanship that gave to each party in the national debate what it seemed to want most".

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