The Color-Blind Constitution

The Color-Blind Constitution

Author: Andrew Kull

Publisher: Harvard University Press

Published: 2009-07

Total Pages: 322

ISBN-13: 9780674039803

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From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.


"Colorblind" Racism

Author: Leslie G. Carr

Publisher: SAGE

Published: 1997-08-19

Total Pages: 212

ISBN-13: 9780761904441

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Many of the vestiges of the Civil Rights movement, including initiatives such as affirmative action, are increasingly under attack by those who assert that the Constitution is explicitly "color-blind." In this argument, the government is not legally permitted to take race into account in a "color conscious" manner. More than 30 years have passed since the landmark Civil Rights Acts became the law of the land. Yet, one of three African American men between the ages of 18 and 27 is in the hands of the criminal justice system, churches are burning in the South, and right-wing militia groups are flourishing. In this provocative and timely book, Leslie G. Carr suggests that the Constitution can be read as "racist," and that the concept of "color-blindness" is in fact the latest in a series of racist ideologies that have been part of the American fabric. "Color-Blind" Racism provides a thorough historical grounding in racist ideologies in the United States, and will be of great interest to anyone teaching or studying race relations, public policy, urban studies, and race and politics.


Is Racial Equality Unconstitutional?

Is Racial Equality Unconstitutional?

Author: Mark Golub

Publisher: Oxford University Press

Published: 2018

Total Pages: 233

ISBN-13: 0190683600

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For some, the idea of a color-blind constitution signals a commonsense ideal of equality and a new "post-racial" American era. For others, it supplies a narrow constitutional vision, which serves to disqualify many of the tools needed to combat persistent racial inequality in the United States. Rather than taking a position either for or against color-blindness, Mark Golub takes issue with the blindness/consciousness dichotomy itself. This book demonstrates how color-blind constitutionalism conceals its own race-conscious political commitments in defense of existing racial hierarchy, and renders the pursuit of racial justice as a constitutionally impermissible goal.


Ending Affirmative Action

Ending Affirmative Action

Author: Terry Eastland

Publisher: Basic Books

Published: 1997-03-20

Total Pages: 240

ISBN-13: 9780465013890

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In the 1960s, we resolved as a nation never to judge people by the color of their skin. But today, race-based public policy has once again become the norm, this time under the banner of affirmative action. How, asks Terry Eastland, did such a turnabout take place, and how can we restore colorblind law in America today? In this compelling and powerful book, Eastland lays bare the absurdities and injustices of affirmative action, and presents the strongest case to date for doing away with race-based and gender-based preferences—a ringing call for all Americans to reclaim our nation's shared values of equal protection under the law, without reference to race, color, creed, gender, or national origin.


Promises to Keep

Promises to Keep

Author: Donald G. Nieman

Publisher: Oxford University Press

Published: 2020-02-03

Total Pages: 369

ISBN-13: 0190071656

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Widely considered the first history of US Constitutionalism that places African Americans at the center, Promises to Keep is a compelling overview of how conflict over African Americans' place in American society has shaped the Constitution, law, and our understanding of citizenship and rights. Both authoritative and accessible, this revised and expanded second edition incorporates key insights from the last three decades of scholarship and makes sense of recent developments in civil rights, from the War on Drugs to the rise of Black Lives Matter. Promises to Keep shows how African Americans have played a critical role in transforming the Constitution from a bulwark of slavery to a document that is truer to the nation's promise of equality. The book begins by examining debates about race from the Revolutionary Era at the Constitutional Convention and covers the establishment of civil rights protections during Reconstruction, the Jim Crow backlash, and the evolution of the civil rights movement, from the formation of the National Association for the Advancement for Colored People to legal victories and massive organized protests. Comprehensive in scope, this book moves from debates over slavery at the nation's founding to contemporary discussions of affirmative action, voting rights, mass incarceration, and police brutality. In the process, it provides readers with a historical perspective critical to understanding some of today's most important social and political issues.


Whitewashing Race

Whitewashing Race

Author: Michael K. Brown

Publisher: Univ of California Press

Published: 2023-01-03

Total Pages: 398

ISBN-13: 0520385861

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In an updated new edition of this classic work, a team of highly respected sociologists, political scientists, economists, criminologists, and legal scholars scrutinize the resilience of racial inequality in twenty-first-century America. Whitewashing Race argues that contemporary racism manifests as discrimination in nearly every realm of American life, and is further perpetuated by failures to address the compounding effects of generations of disinvestment. Police violence, mass incarceration of Black people, employment and housing discrimination, economic deprivation, and gross inequities in health care combine to deeply embed racial inequality in American society and economy. Updated to include the most recent evidence, including contemporary research on the racially disparate effects of the Covid-19 pandemic, this edition of Whitewashing Race analyzes the consequential and ongoing legacy of "disaccumulation" for Black communities and lives. While some progress has been made, the authors argue that real racial justice can be achieved only if we actively attack and undo pervasive structural racism and its legacies.


The Great Dissenter

The Great Dissenter

Author: Peter S. Canellos

Publisher: Simon and Schuster

Published: 2022-06-28

Total Pages: 624

ISBN-13: 1501188216

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The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --


Notes of a Racial Caste Baby

Notes of a Racial Caste Baby

Author: Bryan K. Fair

Publisher: NYU Press

Published: 1999

Total Pages: 238

ISBN-13: 0814726526

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Affirmative action, the playing field is now level? Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-civil rights movement era - when the law of the land was explicitly anti-black - and today's affirmative action policies - which are decidedly not anti-white. He concludes that the only just and effective way both to account for America's racial past and to negotiate.


The Republic according to John Marshall Harlan

The Republic according to John Marshall Harlan

Author: Linda Przybyszewski

Publisher: UNC Press Books

Published: 2018-07-25

Total Pages: 310

ISBN-13: 1469649284

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Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions--as well as in some areas of his life--Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations. Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources--including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote. An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history.


Seeing a Color-Blind Future

Seeing a Color-Blind Future

Author: Patricia J. Williams

Publisher: Farrar, Straus and Giroux

Published: 2016-08-02

Total Pages: 81

ISBN-13: 1466896051

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In these five eloquent and passionate pieces (which she gave as the prestigious Reith Lectures for the BBC) Patricia J. Williams asks how we might achieve a world where "color doesn't matter"--where whiteness is not equated with normalcy and blackness with exoticism and danger. Drawing on her own experience, Williams delineates the great divide between "the poles of other people's imagination and the nice calm center of oneself where dignity resides," and discusses how it might be bridged as a first step toward resolving racism. Williams offers us a new starting point--"a sensible and sustained consideration"--from which we might begin to deal honestly with the legacy and current realities of our prejudices.