Sure, but did they write the first amendment with racist intent? It isn't as if everything a racist does is motivated by their racism, they aren't putting the kettle on to make some tea to really show those [insert racial minority here] what for, or buying new jeans to put [insert minority here] in there place. There aren't racists planting bushes in their garden specifically to be racist. They are just racist people planting bushes because they want bushes in their garden and the racism is entirely unrelated.