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Is Racial Equality Unconstitutional? - Oxford Scholarship Online
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Is Racial Equality Unconstitutional?

Mark Golub

Abstract

Discussions of race in American law and politics have been captured by the figure of the color-blind Constitution. Whether embraced as an ideal of constitutional equality or rejected for perpetuating historical injustice, advocates and critics alike view color-blindness as a refusal of racial consciousness rather than its mobilization. And yet, enacting a color-blind rule may be understood in itself to affect a heightened awareness of race. Accordingly, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar unde ... More

Keywords: race, racism, law, constitutional law, color-blindness, color-consciousness, discrimination, antidiscrimination, racial formation, critical race theory

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780190683603
Published to Oxford Scholarship Online: February 2018 DOI:10.1093/oso/9780190683603.001.0001

Authors

Affiliations are at time of print publication.

Mark Golub, author
Associate Professor of Politics, Scripps College

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