Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/81

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Cite as: 600 U. S. ____ (2023)

33

Thomas, J., concurring

makes race relevant to the provision of burdens or benefits, it demeans us all.” Grutter, 539 U. S., at 353 (opinion of Thomas, J.).

A

The Constitution’s colorblind rule reflects one of the core principles upon which our Nation was founded: that “all men are created equal.” Those words featured prominently in our Declaration of Independence and were inspired by a rich tradition of political thinkers, from Locke to Montesquieu, who considered equality to be the foundation of a just government. See, e.g., J. Locke, Second Treatise of Civil Government 48 (J. Gough ed. 1948); T. Hobbes, Leviathan 98 (M. Oakeshott ed. 1962); 1 B. Montesquieu, The Spirit of Laws 121 (T. Nugent transl., J. Prichard ed. 1914). Several Constitutions enacted by the newly independent States at the founding reflected this principle. For example, the Virginia Bill of Rights of 1776 explicitly affirmed “[t]hat all men are by nature equally free and independent, and have certain inherent rights.” Ch. 1, §1. The State Constitutions of Massachusetts, Pennsylvania, and New Hampshire adopted similar language. Pa. Const., Art. I (1776), in 2 Federal and State Constitutions 1541 (P. Poore ed. 1877); Mass. Const., Art. I (1780), in 1 id., at 957; N. H. Const., Art. I (1784), in 2 id., at 1280.^[1] And, prominent Founders

↑ In fact, the Massachusetts Supreme Court in 1783 declared that slavery was abolished in Massachusetts by virtue of the newly enacted Constitution’s provision of equality under the law. See The Quock Walker Case, in 1 H. Commager, Documents of American History 110 (9th ed. 1973) (Cushing, C. J.) (“[W]hatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty …. And upon this ground our Constitution of Government … sets out with declaring that all men are born free and equal … and in short is totally repugnant to the idea of being born slaves”).

[1] In fact, the Massachusetts Supreme Court in 1783 declared that slavery was abolished in Massachusetts by virtue of the newly enacted Constitution’s provision of equality under the law. See The Quock Walker Case, in 1 H. Commager, Documents of American History 110 (9th ed. 1973) (Cushing, C. J.) (“[W]hatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty …. And upon this ground our Constitution of Government … sets out with declaring that all men are born free and equal … and in short is totally repugnant to the idea of being born slaves”).

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