Color-Blind Constitution
Language: English
Published by Harvard University Press, Cambridge, 1992
- Hardcover
- Used
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- Title
- Color-Blind Constitution
- Author
- Kull, Andrew
- Publisher
- Harvard University Press, Cambridge
- Publication year
- 1992
- Condition
- Acceptable
- Binding
- hardcover
- Language
- English
- ISBN 10
- 0674142926
- ISBN 13
- 9780674142923
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 contined 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 quarter-century or more; but for the hard choices still to be made in racial Policy, the color-blind tradition of civil rights retains both historical and practical significance.
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Review
An important contribution to scholarship and to public discussion of the direction of this nation's legal policies regarding race.--Walter Volkomer "Political Science Quarterly "
[Kull] tells a story... through excellent legal analysis and commentary on legislation, legal arguments, briefs and judicial opinions dating back to the dawn of the Republic in the eighteenth century.--Johnny J. Butler "Philadelphia Inquirer "
Andrew Kull is a scholar, not an advocate. His lawyerly book is thus not a legal brief but a meticulously crafted history of an unfinished argument. What happened to the color-blind ideal? Kull asks. We now have a beautifully constructed answer. No other work explores so brilliantly the series of constitutional cases in which the courts assumed the power to weigh the costs and benefits of race-based policies--from Jim Crow laws to school busing and beyond. [This]...is an indispensable work.--Abigail Thernstrom, author of Whose Votes Count? Affirmative Action and Minority Voting Rights
Andrew Kull has provided the most compelling book yet written on the enduring colorblind principle. The basic claim is powerful and direct; the Constitution of the United States forbids racial discrimination at any level of government against any citizen, period. The colorblind principle is one of universal appeal. For every citizen who recoils from government's endless uses of race to divide, allocate, and dictate their rights or the rights of others by race, this book will provide powerful support for their views. I hope it will be widely read.--William Van Alstyne, Duke University
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Magers and Quinn Booksellers
Minneapolis, MN, U.S.A.
AbeBooks seller since February 22, 2001
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