The Color-Blind Constitution

Author: Andrew Kull

Publisher: Harvard University Press

ISBN: 9780674039803

Category: Law

Page: 314

View: 4098

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.
Release

Brown V. Board of Education at Fifty

A Rhetorical Retrospective

Author: Clarke Rountree

Publisher: Lexington Books

ISBN: 9780739114599

Category: History

Page: 199

View: 8191

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."
Release

Critical Race Theory

The Key Writings that Formed the Movement

Author: Kimberlé Crenshaw

Publisher: The New Press

ISBN: 1565842715

Category: Law

Page: 494

View: 9528

In the past few years, a new generation of progressive intellectuals has dramatically transformed how law, race, and racial power are understood and discussed in America. Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.
Release

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: 583

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.
Release

A Different Vision

African American Economic Thought

Author: Thomas D Boston

Publisher: Routledge

ISBN: 1134798598

Category: Business & Economics

Page: 336

View: 7114

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
Release

When Sorry Isn't Enough

The Controversy Over Apologies and Reparations for Human Injustice

Author: Roy L. Brooks

Publisher: NYU Press

ISBN: 9780814713310

Category: Law

Page: 536

View: 1442

"This anthology is a collection of essays, written by both internationally renowned and emerging scholars, and of public documents that concern claims from around the world which seek redress for human injustice"--Preface.
Release

America in Black and White

One Nation, Indivisible

Author: Stephan Thernstrom,Abigail Thernstrom

Publisher: Simon and Schuster

ISBN: 9781439129098

Category: Social Science

Page: 704

View: 7697

In a book destined to become a classic, Stephan and Abigail Thernstrom present important new information about the positive changes that have been achieved and the measurable improvement in the lives of the majority of African-Americans. Supporting their conclusions with statistics on education, earnings, and housing, they argue that the perception of serious racial divisions in this country is outdated -- and dangerous.
Release

The Roots of Obama's Rage

Author: Dinesh D'Souza

Publisher: Simon and Schuster

ISBN: 159698287X

Category: Political Science

Page: 258

View: 8298

Critics of President Obama have attacked him as a socialist, an African-American radical, a big government liberal. But somehow the critics have failed to reveal what's truly driving Barack Obama. Now bestselling author Dinesh D’Souza throws out these misplaced attacks in his new book, The Roots of Obama’s Rage. The reason, explains D'Souza, that Obama appears to be working to destroy America from within is found, as Obama himself admits, in "The Dreams of His Father": a deeply-hostile anti-colonialism. Instilled in him by his father, this worldview has led President Obama to resent America and everything for which we stand. Viewing Obama through this anti-colonialism prism and drawing evidence from President Obama’s own life and writings, D’Souza masterfully shows how Obama is working to weaken and punish America here and abroad.
Release

"Colorblind" Racism

Author: Leslie G. Carr

Publisher: SAGE

ISBN: 9780761904441

Category: Political Science

Page: 193

View: 6705

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.
Release