ABSTRACT
The myth of American constitutionalism is threatened whenever judges are confronted with the choice of upholding the Constitution or issuing a ruling which may go unenforced. The claim that even the United States Supreme Court would have proven incapable of effectively prohibiting racial profiling exposes a fundamental flaw in the American system of government. The United States Constitution is founded upon a myth. Science is dictated by reality. Whenever scientific theory is shown to conflict with reality, the theory is altered or discarded. Constitutionalism, on the other hand, does not attempt to describe reality; it seeks to control it. Retracing the history of racial profiling and analyzing the cynical contortions of the Supreme Court Justices has been, at times, a rather desultory affair. Since the Supreme Court exercises the power of constitutional interpretation, it bears the unique responsibility of having made racial profiling legally permissible.
