Question

Please help!
According to Thurgood Marshall, why was affirmative action necessary?

Answer 1

It was a permissible 'remedy' pursuant to the US Constitution's 'due process clause' and 'general welfare clause' for past race based injustices that were at the time unconstitutional but not ruled so due to racism.
The counter argument was that....you can't 'cure' unconstitutional wrongs of the past by bending the current day Constitution to do so, without having new specific current legislation or amendment.
~Jess~