Asians do have a general leg up in terms of family income (which correlates to education success), so if we were discriminating based on income, then we could come up with something fair that gives poorer people (which can act as a proxy for disadvantaged minorities) more opportunity, but at the expense of rich people since we don't have unlimited resources. The problem being that now you are denied getting into Harvard because your mom and dad are too rich...and I don't think many people would think that is fair either.
Plenty of constitutional things won't fly in court of public opinion. Honestly, are best bet is to focus resources on K-12 so much that even poor students get great educations (in spite of their home situation). Not sure that will fly either, maybe go with an updated GI Bill or something.
