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Randall L. Kennedy, A Natural Aristocracy?, in Constitutional Stupidities, Constitutional Tragedies (William N. Eskridge & Sanford V. Levinson eds., 1998).


Abstract: One concrete way of measuring the extent to which people affiliated with different social groups are full and equal members of this nation is to ask whether a person associated with that group could plausibly be elevated to the highest office in the land. The added difficulties, solely on the basis of race or gender, that an African-American or female presidential candidate faces, regardless of that person’s talents, are a testament to the extent to which this society is still marked by racism and sexism. One might take some minimal comfort, though, in recognizing that their difficulties are the consequence...