There is a bigger issue lurking behind the debate overaffirmative action. It's the lack of protection for the powerlessminority against the will of a powerful majority.
The historical need for the minority to be protected against the"passions" of the majority has been documented by Steven Lubet, a lawprofessor at Northwestern University. In making the case, he notedthat the framers of the Constitution (Article I, Section 3) set theprecedent for affirmative action by giving special treatment to smallstates to protect them against larger states. It was done byallowing two U.S. senators from each of the small states - Delaware,Maine and later Utah, Wyoming and Alaska - …
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