Higher education has become a necessity for social and economic mobility in our society. This is particularly important for minority groups seeking to access the mainstream of American society. In 2023, however, the Supreme Court held in Students for Fair Admissions v. Harvard that student admission policies at public universities that benefit minorities violate the Equal Protection Clause and cannot include affirmative action to increase the diversity of a school’s student body. The same reasoning applies to private schools under the equal protection provisions of the Civil Rights Act of 1964. Because admissions at private schools, including the Ivy League, are bound by civil rights law, not the Constitution, Congress could amend these statutes to again allow race to be considered for admissions.

According to the Centers for Disease Control and Prevention (CDC), nearly 47,000 people died of gun-related injuries in the United States in 2023. Despite this litany of violence, gun control in the United States has become far more difficult. In 2008, the Supreme Court drastically reinterpreted the Second Amendment in District of Columbia v. Heller. Since then, the Court has enthusiastically expanded this newly discovered doctrine to strike down gun regulations. Congress, however, still has the ability hold gun sellers and manufacturers liable for gun violence.

In Citizens United v. FEC, the Supreme Court took individual free speech rights and added an ahistorical addition - giving these rights to corporations. The idea that such a fundamental right should be extended to corporations is nonsensical. Speech is not a property right and there is no reasonable argument that corporate speech is a reflection of the speech of its shareholder. Congress, however, can pass a law prohibiting corporations from funding political speech without the permission of their shareholders.