Abstract

http://ssrn.com/abstract=1905612
 


 



The Paradox of Political Power: Post-Racialism, Equal Protection, and Democracy


William M. Carter Jr.


University of Pittsburgh - School of Law

August 5, 2011

Emory Law Journal, Vol. 61, p. 1123, 2012
Temple University Legal Studies Research Paper No. 2011-24
U. of Pittsburgh Legal Studies Research Paper No. 2012-25

Abstract:     
Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.

This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" or "post-racial" jurisprudence, which severely constrains the circumstances in which their political power can effectively be exercised. Examples include: City of Richmond v. J.A. Croson Co., where the Court struck down an affirmative action program adopted by a majority black city council; Ricci v. DeStefano, where black and Latino residents of New Haven successfully lobbied the city of New Haven to discard a test for promotions in the fire department because the test resulted in substantial exclusion of racial minorities, only to have the city's action struck down by the Court; and Northwest Austin v. Holder, where the renewal of Section 5 of the Voting Rights Act passed the House and Senate by overwhelming margins, only to have its constitutionality strongly questioned by the Supreme Court, particularly Justice Thomas.

This Essay argues that the Court’s suspicion of the exercise of minority political power will only increase as its post-racial jurisprudence accelerates. For racial minorities, the counter-majoritarian difficulty is likely to become much more difficult.

Number of Pages in PDF File: 31

Keywords: affirmative action, race, civil rights, political process, racial minorities, Citizens United v. FEC

JEL Classification: K00, K19, K39

Accepted Paper Series


Download This Paper

Date posted: August 9, 2011 ; Last revised: September 22, 2012

Suggested Citation

Carter, William M., The Paradox of Political Power: Post-Racialism, Equal Protection, and Democracy (August 5, 2011). Emory Law Journal, Vol. 61, p. 1123, 2012; Temple University Legal Studies Research Paper No. 2011-24; U. of Pittsburgh Legal Studies Research Paper No. 2012-25. Available at SSRN: http://ssrn.com/abstract=1905612

Contact Information

William M. Carter Jr. (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1401 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 663
Downloads: 104
Download Rank: 152,657

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds