Description
Oxford Is Racial Equality Unconstitutional? 2018 Edition by Mark Golub
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_x000D_constitutionalism represents a particular form of racial consciousness rather than an alternative to it._x000D__x000D_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_x000D_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._x000D_ Table of Contents :- _x000D_
Preface _x000D_
Acknowledgements _x000D_
Part I: The Race-Conscious Logic of Color-Blind Constitutionalism_x000D_
Chapter 1: Beyond Color-Blindness and Color-Consciousness _x000D_
Chapter 2: Constitutive Racism, Redemptive Constitutionalism _x000D_
Part II: Color-Blindness Against the Color-Line_x000D_
Chapter 3: The Lessons of Plessy _x000D_
Chapter 4: The Limits of Brown _x000D_
Part III: Color-Blindness After the Color-Line_x000D_
Chapter 5: Defending White Rights _x000D_
Chapter 6: Is Racial Equality Unconstitutional? _x000D_
Notes_x000D_
Bibliography_x000D_
Index_x000D_