Racial Profiling Violates the Constitution

Racial Profiling Violates the Constitution

After the heinous attacks of Sept. 11, Americans have been forced to face the issue of racial profiling? Americans love to use data and statistics to justify their actions. What data might justify special searches of anyone who looks "Arab" at an airport? There are up to 7 million Arab Americans in the United States. If we add all those South Asians (1.6 million), Latinos and African Americans who might "appear" Arab, we have a ballpark figure of at least 10 million folks. How many of these are bona fide terrorists? Let's say 100. That amounts to 0.001 percent.

As a very rough comparison, consider that in 1999 alone, roughly 350,000 men were arrested for violent crimes. There are about 135 million men alive in america. That is a percentage of 0.26 percent. Does this mean that we should stop and search all men because they may act violently?

Second, parse the data correctly.

Humans are notoriously bad with probabilities. For instance, the fact that 100 percent of the terrorists in the Sept. 11 attacks were Arab-looking men does not mean that 100 percent of Arab-looking men are terrorists.

We also fixate on relative probabilities instead of absolute ones. So, even if the Arab-looking man seated to your left is 100 times more likely to be a terrorist than the Aryan-looking man seated to your right, 100 times a number essentially zero is still near zero.

Third, do not overestimate the benefit.

Is racial profiling really that effective? There will surely be "false negatives," those who turn out to be terrorists but do not fit the profile. Recall that many of the terrorists in the Sept. 11 attacks hardly behaved...

... middle of paper ...

...g policy be justified on the numbers. And maybe it can. But even then, moral principles embedded in our Constitution can trump utilitarian calculations. Isn't this precisely what the U.S. Supreme court claimed to be doing when it struck down useful affirmative-action programs because they allegedly violated the rights of innocent Whites? Let's hold the conservative Supreme Court Justice Antonin Scalia to his word: "In the eyes of government, we are just one race here. It is american."

Of course, many will pooh-pooh my call for careful, public deliberation with shibboleths heard during all wars: We have a "fighting constitution," which is not a "suicide pact."

I am no fan of weakness or suicide. But I do not delude myself into thinking that the Constitution in itself makes us strong. It merely makes us worthy of our strength.