Vice President Kamala Harris sought to drum up enthusiasm among minority voters by offering “fully forgivable” federal loans to Black entrepreneurs, but dispersing federal funds based on race may not be entirely lawful.

The Democratic presidential candidate’s “Opportunity Agenda for Black Men” would provide “1 million loans that are fully forgivable” — in other words, grants — of up to $20,000 each for “Black entrepreneurs and others to start a business.”

“When we invest in Black men — their dreams, aspirations, and ambitions — we are stronger,” she said in unveiling her plan this week.

As long as “Black entrepreneurs and others” means male and female business-starters of all races, including White, Hispanic and Asian Americans, the vice president’s $20 billion loan plan should be on sound legal footing.

If not, experts in constitutional law said Ms. Harris is all but certain to run afoul of the 14th Amendment’s equal protection clause, which bars discrimination based on factors including race and sex.

“The federal government handing out business grants or loans based on race clearly violates the constitutional guarantee of equal protection under the laws,” said Cornell Law School Professor William Jacobson, who runs the Equal Protection Project.

“It’s not even a close call,” he told The Washington Times. “For a candidate to propose such a racist agenda not only shocks the conscience, it shows a profound disrespect for the law.”

Josh Blackman, professor of constitutional law at the South Texas College of Law Houston, said, “I think expressly granting benefits on the basis of race would violate federal law and would be unconstitutional.”

Ms. Harris’ five-point plan also calls for training and mentorship for Black men, protecting the “cryptocurrency investments” of Black men, launching a National Health Equity Initiative for Black men, and legalizing recreational marijuana while creating “opportunities for Black Americans to succeed in this new industry.”

William Trachman, Mountain States Legal Foundation general counsel, said, “There are major constitutional problems with all of these proposals.”

He pointed to the Biden administration’s attempts to deliver race-based debt relief and disaster aid to minority farmers and ranchers, which were blocked by the courts.

“As we’ve seen with recent equal protection victories against discriminatory farm aid, disaster relief programs, and minority business handouts, the government can’t treat broad categories of citizens solely by race like this,” Mr. Trachman said. “And the Supreme Court already let us know in the Harvard affirmative-action decision that it’s paying attention.”

In its June 2023 decision in Students for Fair Admissions v. Harvard, the high court held that race-based admissions programs in higher education violate the Equal Protection Clause.

“So it’s a shame that Vice President Harris is trying to fool voters into thinking that these unconstitutional programs will actually be implemented,” Mr. Trachman said.

The Harris “Opportunity Agenda” comes as the Democrat tries to win back minority voters. Polls show her underperforming with Black Americans versus previous Democratic presidential candidates, including President Biden.

Mr. Biden won 90% of the Black vote in 2020, while Hillary Clinton took 92% of the vote in her 2016 loss to Donald Trump, but Ms. Harris currently has just 78% in her run against former President Donald Trump, according to a New York Times/Siena College poll of likely Black voters released Saturday.

Her support is weaker among Black men. Only 70% of those surveyed said they plan to vote for her in November.

Those praising the “Opportunity Agenda” include former President Barack Obama, who said the vice president “has a plan that will lift up Black men and their families.”

“She’s laid out some ways to give Black men the tools to build wealth, achieve financial freedom, and lower costs,” Mr. Obama said on X.

Meanwhile, her critics said the move came across as an act of desperation at best and a thinly disguised bribe at worst.

Former Republican presidential candidate Vivek Ramaswamy called the agenda a “pathetic, last-minute gambit by Kamala to buy votes from black men.”

“The best way to stop discrimination based on race is to STOP discriminating based on race,” he said on X. “We should finally give it a try in America.”

MSNBC host Joy Reid had a different take entirely, suggesting that Black men as a voting bloc “played hard to get” to convince Ms. Harris to deliver “a whole long list of policies specific to you.”

“That is how votes are supposed to work,” Ms. Reid said. “You’re supposed to be asked for your vote. You’re supposed to have agendas presented to you. Y’all got that.”

• Valerie Richardson can be reached at vrichardson@washingtontimes.com.