
“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, [this Book] 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.”
This book investigates whether the prevailing legal doctrine of color-blind constitutionalism inherently renders the pursuit of racial equality unconstitutional. Mark Golub, a scholar of political science and law, examines the paradox where color-blind legal standards necessitate a heightened awareness of race. He argues that the American constitutional order has historically prioritized the protection of white rights, framing racial equality as a violation of those rights rather than a democratic ideal.
What You Will Find
Scope Limits
Scholars and legal analysts recognize this work as a critical intervention in the study of equal protection law. Readers frequently note the academic density of the prose and the author's challenging stance against traditional constitutional narratives.
Page Count:
240
Publication Date:
2018-01-01
Publisher:
Oxford University Press,
ISBN-10:
0190683619
ISBN-13:
9780190683610
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