An analysis of the degree to which the U.S. Constitution may be said to be "color-blind".
Written in 2007; 1,535 words; 4 sources; MLA; $ 50.95
Paper Summary:
This paper explores the degree to which the U.S. Constitution may be said to be "color-blind". It argues that the Constitution is not color-blind because it permits many instances of bigotry to go unchecked in private life. To bolster this claim, the paper places a great deal of emphasis upon the work of Dr. Neil Gotanda, entitled A Critique of "Our Constitution is Color-Blind". The paper also focuses on the controversial case of Plessy v. Ferguson (1896) in which racism was seen to be upheld by the U.S. Supreme Court despite the eloquent protests of one of the presiding Justices.
From the Paper:
"Gotanda also insists that the First Amendment - specifically its Freedom of Speech Clause - has been used by the federal courts to strike down government efforts to outlaw "racial domination". What Gotanda appears to mean when he talks of "racial domination" is that recent years (Gotanda was writing in the early 1990s) have seen the "resurgence" of racist speech on university campuses after decades of determined effort by non-whites to wrestle back control of the image-making process from Caucasians. As a result, racially motivated speech which defames - or at least casts in a negative light different - groups has been protected by a Constitution that is allegedly "non-racial" in construction. In any case, Dr. Gotanda, if this writer understands him correctly, is putting forward the notion that American society has always been dominated by Caucasians and, therefore, permitting racially-offensive discourses on university campuses allows the dominant group in society to continue to articulate views supporting invidious distinctions between races without fear of any disciplinary action being taken. In other words, whites have crafted negative images of non-whites since the founding of America and this group, so powerful in the media, in the judiciary and even still in academia, is allowed to continue on with making negative distinctions because the Constitution - written as it was and amended as it has been by (predominantly) Caucasian males of property and significance - permits it."
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