The Color-Blind Constitution

Author: Andrew Kull

Publisher: Harvard University Press

ISBN: 9780674039803

Category: Law

Page: 314

View: 4829

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.
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"Colorblind" Racism

Author: Leslie G. Carr

Publisher: SAGE

ISBN: 9780761904441

Category: Political Science

Page: 193

View: 5007

Many of the vestiges of the Civil Rights movement in the United States, including initiatives such as affirmative action, are increasingly under attack by those who assert that the Constitution is explicitly `colourblind'. In this provocative and timely book, Leslie G Carr suggests that the Constitution can be read as `racist' and that the concept of `colourblindness' is in fact the latest in a series of racist ideologies that have been part of the fabric of the United States.
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Is Racial Equality Unconstitutional?

Author: Mark Golub

Publisher: Oxford University Press

ISBN: 0190683619

Category: Political Science

Page: 240

View: 6267

More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.
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Color Blind Justice

Albion Tourg?e and the Quest for Racial Equality from the Civil War to Plessy v. Ferguson

Author: Mark Elliott

Publisher: Oxford University Press

ISBN: 0199708347

Category: Law

Page: 400

View: 1243

Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourg?e battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourg?e's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourg?e's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourg?e's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourg?e and the principles to which he dedicated his life.
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Brown V. Board of Education at Fifty

A Rhetorical Retrospective

Author: Clarke Rountree

Publisher: Lexington Books

ISBN: 9780739114599

Category: History

Page: 199

View: 3488

The story of Brown v. Board of Education is a half-century old now and has been retold many times by historians, legal scholars, sociologists, and others. This collection of persuasive scholarly essays examines, for the first time, the role rhetorical theory played in the development of educational segregation. Contributors consider the NAACP s development of a series of graduate school cases to challenge Plessy, analyze the Brown decision itself, assess the state response to Brown, and critique the two Supreme Court decisions implementing the Brown decision. By illustrating how rhetorical strategies created, sustained, challenged, and, ultimately, reversed educational segregation in the United States, this work demonstrates the real value of the rhetorical perspective and provides encouragement to those who wish to help further develop this emerging field of judicial rhetoric."
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Notes of a Racial Caste Baby

Color Blindness and the End of Affirmative Action

Author: Bryan K. Fair

Publisher: NYU Press

ISBN: 0814728804

Category: Social Science

Page: 238

View: 5654

The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male propertyholders: Southern planters and Northern merchants. At the heart of their deals was a clear race-conscious intent to place the interests of whites above those of blacks. In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two histories--America's and his own- -to offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years. 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 in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors. Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste. Table of Contents A Note to the Reader Acknowledgments Preface: Telling Stories Recasting Remedies as Diseases Color-Blind Justice The Design of This Book Pt. 1. A Personal Narrative Not White Enough Dee Black Columbus Racial Poverty Man-Child Colored Matters Coded Schools Busing Going Home Equal Opportunity The Character of Color Diversity as One Factor The Deception of Color Blindness Pt. 2. White Privilege and Black Despair: The Origins of Racial Caste in America The Declaration of Inferiority Marginal Americans Inventing American Slavery The Road to Constitutional Caste Losing Second-Class Citizenship Reconstruction and Sacrifice Separate and Unequal The Color Line Critiquing Color Blindness Pt. 3. The Constitutionality of Remedial Affirmative Action The Origins of Remedial Affirmative Action The Court of Last Resort The Invention of Reverse Discrimination The Politics of Affirmative Action: Myth or Reality? Racial Realism Eliminating Caste Afterword Notes Index
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Whitewashing Race

The Myth of a Color-Blind Society

Author: Michael K. Brown

Publisher: Univ of California Press

ISBN: 0520237064

Category: Social Science

Page: 338

View: 8253

The myth of a color-blind society is deconstructed in this powerful new look at race in America that consults sociologists, economists, criminologists, political scientists, and legal scholars in the search for answers to why so many white Americans think racism is no longer a problem. (Social Science)
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Colorblind Injustice

Minority Voting Rights and the Undoing of the Second Reconstruction

Author: J. Morgan Kousser

Publisher: Univ of North Carolina Press

ISBN: 0807862657

Category: History

Page: 608

View: 3022

Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.
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For Discrimination

Race, Affirmative Action, and the Law

Author: Randall Kennedy

Publisher: Vintage

ISBN: 0307907384

Category: Social Science

Page: 304

View: 1436

In the wake of the Supreme Court’s recent decision regarding Fisher v. University of Texas, For Discrimination is at once the definitive reckoning with one of America’s most explosively contentious and divisive issues and a principled work of advocacy for clearly defined justice. What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy, Harvard Law School professor and author of such critically acclaimed and provocative books as Race, Crime, and the Law and the national best-seller Nigger: The Strange Career of a Troublesome Word, gives us a concise, gimlet-eyed, and deeply personal conspectus of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations. With pellucid reasoning, Kennedy accounts for the slipperiness of the term “affirmative action” as it has been appropriated by ideologues of every stripe; delves into the complex and surprising legal history of the policy; coolly analyzes key arguments pro and con advanced by the left and right, including the so-called color-blind, race-neutral challenge; critiques the impact of Supreme Court decisions on higher education; and ponders the future of affirmative action.
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Colorblind

The Rise of Post-Racial Politics and the Retreat from Racial Equity

Author: Tim Wise

Publisher: City Lights Books

ISBN: 0872865541

Category: Social Science

Page: 216

View: 6593

Following the civil rights movement, race relations in the United States entered a new era. Legal gains were interpreted by some as ensuring equal treatment for all and that "colorblind" policies and programs would be the best way forward. Since then, many voices have called for an end to affirmative action and other color-conscious policies and programs, and even for a retreat from public discussion of racism itself. Bolstered by the election of Barack Obama, proponents of colorblindness argue that the obstacles faced by blacks and people of color in the United States can no longer be attributed to racism but instead result from economic forces. Thus, they contend, programs meant to uplift working-class and poor people are the best means for overcoming any racial inequalities that might still persist. In Colorblind, Tim Wise refutes these assertions and advocates that the best way forward is to become more, not less, conscious of race and its impact on equal opportunity. Focusing on disparities in employment, housing, education and healthcare, Wise argues that racism is indeed still an acute problem in the United States today, and that colorblind policies actually worsen the problem of racial injustice. Colorblind presents a timely and provocative look at contemporary racism and offers fresh ideas on what can be done to achieve true social justice and economic equality. "It's a great book. I highly, highly, highly recommend it."—Tavis Smiley "I finally finished Tim Wise's Colorblind and found it a right-on, straight-ahead piece of work. This guy hits all the targets, it's really quite remarkable…That's two of his that I've read [the first being Between Barack] and they are both works of crystal truth…"—Mumia Abu-Jamal "Tim Wise's Colorblind is a powerful and urgently needed book. One of our best and most courageous public voices on racial inequality, Wise tackles head on the resurgence and absurdity of post-racial liberalism in a world still largely structured by deep racial disparity and structural inequality. He shows us with passion and sharp, insightful, accessible analysis how this imagined world of post racial framing and policy can't take us where we want to go—it actually stymies our progress toward racial unity and equality."—Tricia Rose, Brown University "With Colorblind, Tim Wise offers a gutsy call to arms. Rather than play nice and reiterate the fiction of black racial transcendence, Wise takes the gloves off: He insists white Americans themselves must be at the forefront of the policy shifts necessary to correct our nation's racial imbalances in crime, health, wealth, education and more. A piercing, passionate and illuminating critique of the post-racial moment."—Bakari Kitwana "Tim Wise's Colorblind brilliantly challenges the idea that the election of Obama has ushered in a post-racial era. In clear, engaging, and accessible prose, Wise explains that ignoring problems does not make them go away, that race-bound problems require race-conscious remedies. Perhaps most important, Colorblind proposes practical solutions to our problems and promotes new ways of thinking that encourage us to both recognize differences and to transcend them."—George Lipsitz Tim Wise is one of the most prominent antiracist essayists, educators and activists in the United States. For twenty years he has challenged racial inequities as a community organizer, public speaker, workshop facilitator and writer. He has spoken to hundreds of thousands of people, contributed essays or chapters to more than twenty books, and has appeared regularly on radio and television as a guest commentator on race issues. He is regularly interviewed by national media, including CNN, Tavis Smiley and by Tom Joyner. He is the author of Between Barack and a Hard Place: Racism and White Denial in the Age of Obama.
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Colorblind Racial Profiling

A History, 1974 to the Present

Author: Guy Padula

Publisher: Routledge

ISBN: 1351704435

Category: History

Page: 286

View: 6659

Colorblind Racial Profiling outlines the history of racial profiling practices and policies in the United States from 1974 to the present day. Drawing on a wide variety of sources including case law, newspaper and television reporting, government reports, and police manuals, author Guy Padula traces how institutionalized racial profiling spread across the nation and analyzes how the United States Supreme Court sanctioned the practice. Insightful and accessible, Colorblind Racial Profiling is essential reading for all those interested in the history of racial profiling and criminal justice in the United States.
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The Problem of the Color[blind]

Racial Transgression and the Politics of Black Performance

Author: Brandi Wilkins Catanese

Publisher: University of Michigan Press

ISBN: 0472051261

Category: Performing Arts

Page: 214

View: 6508

How the debate on colorblind versus multicultural casting sheds light on on larger sociopolitical questions
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Seeing a Color-Blind Future

The Paradox of Race

Author: Patricia J. Williams

Publisher: Farrar, Straus and Giroux

ISBN: 1466896051

Category: Social Science

Page: 84

View: 9334

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.
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Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Henry Holt and Company

ISBN: 0805099131

Category: Political Science

Page: 416

View: 2066

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
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Recapturing the Constitution

Race, Religion, and Abortion Reconsidered

Author: Stephen B. Presser

Publisher: Regnery Publishing

ISBN: 9780895264923

Category: Political Science

Page: 397

View: 9350

Recapturing the Constitution: Race, Religion, and Abortion Reconsidered claims that our wayward courts are partly responsible for our current societal ills and calls for a moral and cultural renewal by turning back to our Framers' understanding of law and society. Presser illuminates the original understanding of the Constitution by exploring the decisions of the earliest federal judges, those who interpreted it closest in time to its ratification. What he finds is that these judges, as well as the Framers themselves, believed in an inextricable link between law and morality. Unlike the proponents of today's self-fulfillment culture, the Founders realized that in order for a society to prosper there needs to be a delicate balance struck between individual liberty and individual responsibility to the community. When constitutional jurisprudence is returned to the original understanding. Presser contends, we will reject government mandated, race-conscious remedies, including most affirmative action, race-norming, or quota programs, and return to a "color-blind" Constitution; we will return to an understanding of the First Amendment which permitted state and local governments to promote religion on a non-sectarian basis; and we will allow state governments to decide the extent to which they wish to regulate abortion without interference from the federal courts.
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The Rehnquist Court and the Constitution

Author: Tinsley E. Yarbrough

Publisher: Oxford University Press

ISBN: 9780195356021

Category: Biography & Autobiography

Page: 320

View: 9641

In The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today's Supreme Court Justices and their record--a study all the more valuable for the Court's mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term "June crunch") and assignment of opinions. But the heart of the book is a systematic exploration of the Court's record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices' opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the Rehnquist Court, Yarbrough finds a general continuity with the past, shaded by a conservative outlook (especially in matters of criminal justice and affirmative action), but he identifies a significant departure in its rulings on economic regulation. Since 1937, he writes, the Supreme Court had generally adopted an expansive view of federal power over economic matters; the Rehnquist Court has reversed that trend. The Rehnquist Court has not launched an all-out assault on the Warren Court's precedents, as many conservatives hoped, but as Yarbrough shows it has embarked on important new departures. Thoughtful, wide-ranging, intelligently written, this book will stand as the finest study of the Rehnquist Court for years to come.
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Original Sin

Clarence Thomas and the Failure of the Constitutional Conservatives

Author: Samuel A. Marcosson

Publisher: NYU Press

ISBN: 0814763103

Category: Law

Page: 218

View: 5923

Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws—including self-interested reasoning and the manipulation of doctrine—that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.
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The Republic According to John Marshall Harlan

Author: Linda Przybyszewski

Publisher: UNC Press Books

ISBN: 9780807847893

Category: Biography & Autobiography

Page: 286

View: 8937

This book is an innovative combination of personal and judicial biography which illuminates and explains the contradictions and puzzles in Supreme Court Justice Harlan's judicial career.
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Blinded by Sight

Seeing Race Through the Eyes of the Blind

Author: Osagie Obasogie

Publisher: Stanford University Press

ISBN: 0804789274

Category: Law

Page: 288

View: 5279

Colorblindness has become an integral part of the national conversation on race in America. Given the assumptions behind this influential metaphor—that being blind to race will lead to racial equality—it's curious that, until now, we have not considered if or how the blind "see" race. Most sighted people assume that the answer is obvious: they don't, and are therefore incapable of racial bias—an example that the sighted community should presumably follow. In Blinded by Sight,Osagie K. Obasogie shares a startling observation made during discussions with people from all walks of life who have been blind since birth: even the blind aren't colorblind—blind people understand race visually, just like everyone else. Ask a blind person what race is, and they will more than likely refer to visual cues such as skin color. Obasogie finds that, because blind people think about race visually, they orient their lives around these understandings in terms of who they are friends with, who they date, and much more. In Blinded by Sight, Obasogie argues that rather than being visually obvious, both blind and sighted people are socialized to see race in particular ways, even to a point where blind people "see" race. So what does this mean for how we live and the laws that govern our society? Obasogie delves into these questions and uncovers how color blindness in law, public policy, and culture will not lead us to any imagined racial utopia.
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The Imperative of Integration

Author: Elizabeth Anderson

Publisher: Princeton University Press

ISBN: 9781400836826

Category: Political Science

Page: 264

View: 3190

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, but The Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward racial equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy.
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