The Modern American Law of Race (Introduction to Classified: The Untold Story of Racial Classification in America)

Introduction, CLASSIFIED: THE UNTOLD STORY OF RACIAL CLASSIFICATION IN AMERICA (Bombardier Books 2022)

George Mason Legal Studies Research Paper No. LS 22-24

23 Pages Posted: 28 Jul 2022

See all articles by David E Bernstein

David E Bernstein

George Mason University - Antonin Scalia Law School, Faculty

Date Written: July 27, 2022

Abstract

Americans are understandably squeamish about official racial and ethnic classifications. Nevertheless, they are ubiquitous in American life. Applying for a job, mortgage, university admission, citizenship, government contracts, and much more involves checking a box stating whether one is Black, White, Asian, Hispanic, or Native American.

While reviewing the surprising history of American racial classifications, Classified raises questions about the classifications’ coherence, logic, and fairness; for example:

• Should Pakistani, Chinese, and Filipino Americans be in the same category despite their obvious differences in culture, appearance, religion, and more?
• Why does the government not allow Americans to classify themselves as bi- or multi-racial?
• How did the government decide that a dark-complexioned, burka-wearing Muslim Yemini should be classified as generically white, but a blond-haired, blue-eyed immigrant from Spain should be classified as Hispanic and treated as a member of a minority group?
• Why does the government require biomedical researchers to classify study participants by the official racial categories, when the classifications have no scientific basis?

In an increasingly diverse society with high rates of intergroup marriage, the American system of racial classification is getting even more arbitrary and absurd. With rising ethno-nationalism threatening democracy around the world, it’s also dangerous. Classified argues that the time has come to consider abolishing official racial classification and replace it with the separation of race and state.

JEL Classification: K00, K1, K10, K3, K37

Suggested Citation

Bernstein, David Eliot, The Modern American Law of Race (Introduction to Classified: The Untold Story of Racial Classification in America) (July 27, 2022). Introduction, CLASSIFIED: THE UNTOLD STORY OF RACIAL CLASSIFICATION IN AMERICA (Bombardier Books 2022), George Mason Legal Studies Research Paper No. LS 22-24, Available at SSRN: https://ssrn.com/abstract=4174375 or http://dx.doi.org/10.2139/ssrn.4174375

David Eliot Bernstein (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8089 (Phone)
703-993-8202 (Fax)

HOME PAGE: http://mason.gmu.edu/~dbernste

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
677
Abstract Views
3,875
rank
57,263
PlumX Metrics