The historical origins of affirmative action can be found in the 14th and 15th Amendments to the Constitution, the Enforcement Acts of 1870 and 1871, and the Civil Rights Acts of 1866 and 1875, which were passed by Republican-dominated Congresses during the Reconstruction period. This legislation set the precedent for many of the civil rights laws of the 1950s and 1960s-such as the Civil Rights Act of 1957, the Civil Rights Act of 1964, and the Voting Rights Act of 1965-and paved the way for what would become known as affirmative action.

In spite of the fact that laws designed to…