http://www.cnn.com/2003/LAW/06/17/doj.racial.profiling/
I think the “terrorism” exception is a loophole you can drive a truck through.
What?! Is racial profiling constitutionally sanctioned for traffic stops? This can’t be.
The point which the article is making is that the Administration is seeking to make it clear that this is not some sort of reactionary move due to the Constitutional requirements. Although I think that one could make a very fair argument that any format of racial profiling violates the fundamentals of due process, the SCOTUS has not necessary held the same views. However, the federal government and states may guaranty rights above and beyond what is required by the Constitution. In this case, the administration is guaranteeing that no individual will be dealt with in police situations beyond terrorism based upon their race.