The Color Blind Constitution

Author : Andrew Kull
Publisher : Harvard University Press
Page : 322 pages
File Size : 47,9 Mb
Release : 2009-07
Category : Law
ISBN : 0674039807

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The Color-Blind Constitution by Andrew Kull Pdf

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.

Author : Andrew Kull
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 1989
Category : Affirmative action programs
ISBN : OCLC:34028897

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The Color-blind Constitution by Andrew Kull Pdf

Author : Leslie G. Carr
Publisher : SAGE
Page : 212 pages
File Size : 48,6 Mb
Release : 1997-08-19
Category : Political Science
ISBN : 0761904441

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"Colorblind" Racism by Leslie G. Carr Pdf

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.

Author : Mark Golub
Publisher : Oxford University Press
Page : 233 pages
File Size : 49,6 Mb
Release : 2018
Category : Law
ISBN : 9780190683603

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Is Racial Equality Unconstitutional? by Mark Golub Pdf

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 howcolor-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.

Author : Michael K. Brown,Martin Carnoy,Elliott Currie,Troy Duster,David B. Oppenheimer
Publisher : Univ of California Press
Page : 399 pages
File Size : 51,7 Mb
Release : 2023-01-03
Category : Social Science
ISBN : 9780520394605

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Whitewashing Race by Michael K. Brown,Martin Carnoy,Elliott Currie,Troy Duster,David B. Oppenheimer Pdf

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.

Author : Terry Eastland
Publisher : Basic Books
Page : 240 pages
File Size : 55,6 Mb
Release : 1997-03-20
Category : History
ISBN : 0465013899

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Ending Affirmative Action by Terry Eastland Pdf

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.

Author : Clarke Rountree
Publisher : Lexington Books
Page : 224 pages
File Size : 50,7 Mb
Release : 2004
Category : History
ISBN : 073911459X

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Brown V. Board of Education at Fifty by Clarke Rountree Pdf

Six American communication studies scholars contribute six chapters to the first analysis of the role that rhetoric played in establishing, defending, challenging, and overturning legalized educational segregation by race. Coverage includes a reconstruction of the rhetorical context of Plessy v. Ferguson; the Harlan dissent in Plessy; the NAACP's efforts over 40-plus years to reverse Plessy's support of educational segregation; an analysis of the Brown decision, with particular focus on the controversial use of social scientific evidence; the reaction to the Brown decision in the South; and a comparison of two major Supreme Court decisions implementing Brown. Annotation ̧2004 Book News, Inc., Portland, OR (booknews.com) -- Distributed by Syndetics Solutions, LLC.

Author : Mark Golub
Publisher : Oxford University Press
Page : 240 pages
File Size : 52,5 Mb
Release : 2018-02-02
Category : Political Science
ISBN : 9780190683627

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Is Racial Equality Unconstitutional? by Mark Golub Pdf

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.

Author : Mark Elliott
Publisher : Oxford University Press
Page : 400 pages
File Size : 55,5 Mb
Release : 2008-11-30
Category : Law
ISBN : 9780199708345

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Color Blind Justice by Mark Elliott Pdf

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.

Author : Bryan K. Fair
Publisher : NYU Press
Page : 238 pages
File Size : 46,5 Mb
Release : 1999
Category : Business & Economics
ISBN : 9780814726525

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Notes of a Racial Caste Baby by Bryan K. Fair Pdf

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.

Author : Peter S. Canellos
Publisher : Simon and Schuster
Page : 624 pages
File Size : 45,7 Mb
Release : 2022-06-28
Category : Biography & Autobiography
ISBN : 9781501188213

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The Great Dissenter by Peter S. Canellos Pdf

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. --

Author : Meghan Burke
Publisher : John Wiley & Sons
Page : 200 pages
File Size : 55,9 Mb
Release : 2018-11-26
Category : Social Science
ISBN : 9781509524457

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Colorblind Racism by Meghan Burke Pdf

How can colorblindness – the idea that race does not matter – be racist? This illuminating book introduces the paradox of colorblind racism: how dismissing or downplaying the realities of race and racism can perpetuate inequality and violence. Drawing on a range of theoretical approaches and real-life examples, Meghan Burke reveals colorblind racism to be an insidious presence in many areas of institutional and everyday life in the United States. She explains what is meant by colorblind racism, uncovers its role in the history of racial discrimination, and explores its effects on how we talk about and treat race today. The book also engages with recent critiques of colorblind racism to show the limitations of this framework and how a deeper, more careful study of colorblindness is needed to understand the persistence of racism and how it may be challenged. This accessible book will be an invaluable overview of a key phenomenon for students across the social sciences, and its far-reaching insights will appeal to all interested in the social life of race and racism.

Author : Donald G. Nieman
Publisher : Oxford University Press
Page : 336 pages
File Size : 40,7 Mb
Release : 2020-02-03
Category : History
ISBN : 9780190071653

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Promises to Keep by Donald G. Nieman Pdf

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.

Author : Linda Przybyszewski
Publisher : UNC Press Books
Page : 310 pages
File Size : 52,5 Mb
Release : 1999
Category : Biography & Autobiography
ISBN : 0807847895

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The Republic According to John Marshall Harlan by Linda Przybyszewski Pdf

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.

Author : Philip J. Mazzocco
Publisher : Springer
Page : 205 pages
File Size : 50,7 Mb
Release : 2017-06-07
Category : Psychology
ISBN : 9781137593023

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The Psychology of Racial Colorblindness by Philip J. Mazzocco Pdf

This book summarizes and integrates the social scientific research on racial colorblindness, focusing primarily on work within the field of psychology. A new multi-variety colorblind framework is presented, which provides theoretical coherence to the present literature as well as a guide for future research. After considering the historical context in which colorblind ideologies have manifested and operated, research is presented that establishes how the colorblind mentality ignores important racial realities and tends to harm racial minorities across a wide variety of domains. Beneficial alternative ideologies are discussed, as are strategies that may be useful in challenging the colorblind ideology. This book will be of interest to both researchers and theorists who study racial ideology, as well as social justice advocates and practitioners who contend with racial colorblindness in real-world contexts.