Cite as: 515 U. S. 200 (1995)
Stevens, J., dissenting
Civil War Amendments, but upon social reality and governmental theory." Id., at 522.
"What the record shows, in other words, is that racial discrimination against any group finds a more ready expression at the state and local than at the federal level. To the children of the Founding Fathers, this should come as no surprise. An acute awareness of the heightened danger of oppression from political factions in small, rather than large, political units dates to the very beginning of our national history. See G. Wood, The Creation of the American Republic, 1776-1787, pp. 499-506 (1969). As James Madison observed in support of the proposed Constitution's enhancement of national powers: " 'The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plan of oppression. Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to act in unison with each other.' The Federalist No. 10, pp. 82-84 (C. Rossiter ed. 1961)." Id., at 523 (opinion concurring in judgment).
In her plurality opinion in Croson, Justice O'Connor also emphasized the importance of this distinction when she responded to the city's argument that Fullilove was controlling. She wrote:
251
Page: Index Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NextLast modified: October 4, 2007