Neo-Colonialism, Same Old Racism: A Critical Analysis of the United States' Shift toward Colorblindness as a Tool for the Protection of the American Colonial Empire and White Supremacy
The Berkeley Journal of African-American Law & Policy, 2009
37 Pages Posted: 13 Nov 2020
Date Written: September 2009
The Article explains the shift in American law and politics towards colorblindness via definition and discussion of colonialism, and acknowledges the United States' past and present identity as a racist, colonial state. The Article begins with a discussion of colonialism, its roots in white supremacy, and its link to American liberal democracy. It analyzes shifts in the American approach to racism by examining the decisions of the Supreme Court of the United States over the course of three time periods: the pre-civil rights era, the civil rights era, and the present post-civil rights, neo-conservative era. The Article illuminates the manner in which Supreme Court rulings reflect or catalyze shifts in theory and policy sustaining a white supremacist legal order. Using France as an illustrative model, the Author recommends a move away from colorblindness and the present neocolonial order in the United States towards an approach that is decidedly anti-racist and post-colonial.
Keywords: Race, White Supremacy, Colorblindness, Supreme Court of the United States
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