Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College--a Constitutional accommodation for slaveholding aristocrats who feared popular government--has twice in 20 years given the presidency to the candidate who lost the popular vote. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy.
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.
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
How the government has used the Constitution to deny black Americans their legal rights From the arrival of the first twenty slaves in Jamestown to the Howard Beach Incident of 1986, Yusef Hawkins, and Rodney King, federal law enforcement has pleaded lack of authority against white violence while endorsing surveillance of black rebels and using “constitutional” military force against them. In this groundbreaking study, constitutional scholar Mary Frances Berry analyzes the reasons why millions of African Americans whose lives have improved enormously, both socially and economically, are still at risk of police abuse and largely unprotected from bias crimes.
A “persuasive . . . heartfelt and vividly written” call to counter systemic racism and build national solidarity in America (Publishers Weekly). The American Promise enshrined in our Constitution states that all men and women are inherently equal. And yet racism continues to corrode our society. If we cannot overcome it, Theodore Johnson argues, the promise that made America unique on Earth will have died. In When the Stars Begin to Fall, Johnson presents a compelling blueprint for the kind of national solidarity necessary to mitigate racism. Weaving together history, personal memories, and his family’s multi-generational experiences with racism, Johnson posits that solutions can be found in the exceptional citizenship long practiced in Black America. Understanding that racism is a structural crime of the state, he argues that overcoming it requires us to recognize that a color-conscious society—not a color-blind one—is the true fulfillment of the American Promise. Fueled by Johnson’s ultimate faith in the American project, grounded in his family’s longstanding optimism and his own military service, When the Stars Begin to Fall is an urgent call to undertake the process of overcoming what has long seemed intractable.
"In this provocative new book from prophetic preacher and pastor Susan Williams Smith, the author tackles the truths that the church in the United States has long held to be self-evident-that ours is one nation under God, that our U.S. Constitution is (almost) as infallible as the Holy Bible, and that democracy and its principles of justice for all are sacrosanct and protected by both God and government. Yet, history and headlines alike expose the fallacy of those assumptions, particularly when viewed in the light of a national culture of white supremacy and systemic racial injustice. In fact, Smith argues, the two texts we count as sacred have not been merely impotent in eliminating racism; they have been used to support and sustain white supremacy. This important work examines how our foundational documents have failed people of color and asks the question, Can those whom a nation has considered "we the problem" ever become "we the people" who are celebrated in the Preamble to the Constitution? What will it take to reclaim the transforming and affirming power of God and government to secure liberty and justice for all?"--
Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
From the New York Times bestselling author of White Rage, an unflinching, critical new look at the Second Amendment and how it has been engineered to deny the rights of African Americans since its inception. In The Second, historian and award-winning, bestselling author of White Rage Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless--revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished. Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.
Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day.
