The Color-Blind Constitution

Author: Andrew Kull

Publisher: Harvard University Press

ISBN: 9780674039803

Category: Law

Page: 314

View: 3172

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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The Color-blind Constitution

Author: Andrew Kull

Publisher: N.A

ISBN: 9780674142930

Category: Law

Page: 301

View: 2843

In the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely displaced. The longstanding liberal ideal that the government take no account of the race of its citizens has been lost in favor of benign racial sorting. Andrew Kull provides us with the previously unwritten history of the color-blind idea that for 125 years--from the crusades of the Garrisonian abolitionists to the civil rights legislation of the 1960s--was the constitutional focus of the struggle for racial equality in America.
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"Colorblind" Racism

Author: Leslie G. Carr

Publisher: SAGE

ISBN: 9780761904441

Category: Political Science

Page: 193

View: 6840

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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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: 9560

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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Is Racial Equality Unconstitutional?

Author: Mark Golub

Publisher: Oxford University Press

ISBN: 0190683600

Category: Law

Page: 240

View: 1985

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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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: 6815

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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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: 2039

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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Our Undemocratic Constitution

Where the Constitution Goes Wrong (and how We the People Can Correct It)

Author: Sanford Levinson

Publisher: Oxford University Press

ISBN: 0195365577

Category: Law

Page: 249

View: 2678

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
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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: 1583

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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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: 508

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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Race, Law, and American Society

1607-Present

Author: Gloria J. Browne-Marshall

Publisher: Routledge

ISBN: 1135087946

Category: Law

Page: 438

View: 2670

This second edition of Gloria Browne-Marshall’s seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America’s racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.
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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: 6794

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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Freedom of Expression in the Supreme Court

The Defining Cases

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 9780847697106

Category: Law

Page: 397

View: 8029

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
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No Equal Justice

Author: David Cole

Publisher: ReadHowYouWant.com

ISBN: 1459604199

Category:

Page: 384

View: 2126

First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
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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: 3720

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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On Reading the Constitution

Author: Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe

Publisher: Harvard University Press

ISBN: 0674044452

Category: Political Science

Page: 164

View: 5926

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Color Conscious

The Political Morality of Race

Author: Kwame Anthony Appiah,Amy Gutmann

Publisher: Princeton University Press

ISBN: 9781400822096

Category: Philosophy

Page: 200

View: 7197

In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem. Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life. Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy. Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race.
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The Possessive Investment in Whiteness

How White People Profit from Identity Politics, Revised and Expanded Edition

Author: George Lipsitz

Publisher: Temple University Press

ISBN: 1592134955

Category: History

Page: 312

View: 7965

A widely influential book--revised to reveal racial privilege at work in the 21st century.
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Racism Without Racists

Color-blind Racism and the Persistence of Racial Inequality in the United States

Author: Eduardo Bonilla-Silva

Publisher: Rowman & Littlefield

ISBN: 9781442202184

Category: Social Science

Page: 301

View: 6787

A fourth edition is now available. In the third edition of his highly acclaimed book, Bonilla-Silva continues to challenge color-blind thinking. He has now extended this challenge with a new chapter on Obama's election addressing the apparent miracle of a black man elected as the 44th President of the nation despite the fact that racial progress has stagnated since the 1980s and, in some areas, even regressed. In contrast to those who believe the election of President Obama is a watershed moment that signifies the beginning of a post-racial era in America, he suggests this development embodies the racial trends of the last 40 years including two he has addressed in this book: the rise of color-blind racism as the dominant racial ideology and the emergence of an apparently more flexible racial stratification system he characterizes as Latin America-like. Some material from previous editions, including 'Answers to Questions from Concerned Readers, ' 'What is to Be Done, ' and an Appendix detailing interview questions, is now available on the Rowman & Littlefield website through the Teaching/Learning Resources link.
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America's Unpatriotic Acts

The Federal Government's Violation of Constitutional and Civil Rights

Author: Walter M. Brasch

Publisher: Peter Lang

ISBN: 9780820476087

Category: Political Science

Page: 231

View: 1767

Within six weeks of 9/11, in a nation gripped by fear and hatred, Congress overwhelmingly approved the USA PATRIOT Act, drafted in secret by the Department of Justice. There was almost no debate, and few in Congress were given more than a few hours to read the 342-page document. In "America's Unpatriotic Acts," award-winning journalist and university professor Walter M. Brasch looks not just at the effects of the PATRIOT Act upon the nation, but also at the innumerable civil rights violations conducted in the United States, as well as by the United States in foreign countries during the three years following 9/11.
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