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Is Racial Equality Unconstitutional?$
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Mark Golub

Print publication date: 2018

Print ISBN-13: 9780190683603

Published to Oxford Scholarship Online: February 2018

DOI: 10.1093/oso/9780190683603.001.0001

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Is Racial Equality Unconstitutional?

Is Racial Equality Unconstitutional?

(p.162) Chapter 6 Is Racial Equality Unconstitutional?
Is Racial Equality Unconstitutional?

Mark Golub

Oxford University Press

This concluding chapter considers the implications of the book’s central claims: that constitutional law marks a contested site of racial formation, that color-blind constitutionalism represents an assertion of white racial interest and identity, and that the peculiar form of racial consciousness it enacts renders the pursuit of racial equality a violation of white rights. Taking up the question of political possibility within a legal system constituted by racial domination, the chapter suggests that racial equality may not be achievable within the current American constitutional order. It calls for a rethinking of American law and politics from the premise that racial equality will require a more fundamental transformation than these constraints would permit, and points toward an explicitly antiredemptive political vision upon which a more authentic racial democracy might be founded.

Keywords:   color-blindness, race, redemption, Afropessimism, white rights, law, constitutional law, critical race theory, racial formation, equality

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