View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Law Review Volume 84 Issue 6 2006 Titles of Nobility, Hereditary Privilege, and the Unconstitutionality of Legacy Preferences in Public School Admissions Carlton F. W. Larson University of California, Davis Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Jurisprudence Commons, and the Legal History Commons Recommended Citation Carlton F. W. Larson, Titles of Nobility, Hereditary Privilege, and the Unconstitutionality of Legacy Preferences in Public School Admissions, 84 WASH. U. L. REV. 1375 (2006). Available at: https://openscholarship.wustl.edu/law_lawreview/vol84/iss6/2 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. TITLES OF NOBILITY, HEREDITARY PRIVILEGE, AND THE UNCONSTITUTIONALITY OF LEGACY PREFERENCES IN PUBLIC SCHOOL ADMISSIONS CARLTON F.W. LARSON∗ ABSTRACT This Article argues that legacy preferences in public university admissions violate the Constitution’s prohibition on titles of nobility. Examining considerable evidence from the late eighteenth century, the Article argues that the Nobility Clauses were not limited to the prohibition of certain distinctive titles, such as “duke” or “earl,” but had a substantive content that included a prohibition on all hereditary privileges with respect to state institutions. The Article places special emphasis on the dispute surrounding the formation of the Society of the Cincinnati, a hereditary organization formed by officers of the Continental Army.