Article. .I, Section. 2.

of the United States Constitution states (regarding apportionment of representation, taxes, etc.): "...shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons..."

Clarence Thomas says:
Constitution forbids racial preference

Now, for those who missed the reference, "three fifths of all other Persons" refers to Slaves. In theory, I suppose, someone could be a slave and not be black, but practically speaking, "slave" at that time meant "negro slave". That sure sounds to me like Racial Preference was very much encoded in the Constitution! Perhaps Mr. Justice Thomas missed that part of the class on Constitutional Law. Of course, then there's the part about "Article. XV. [Proposed 1869; Ratified 1870] Section. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
Here's a college course textbook on The History of African Americans in the West that really has nothing to do with any of this, but I think it's really cool information!
Mr. Justice Thomas also says he's "ashamed" to have been given a degree from Yale Law School! Apparently, he felt just too condescended to as an Equal Opportunity Admittee. I wonder if Yale is also ashamed to have given him his degree. If not, they oughtta be!