Colorblind Nationalism and the Limits of Citizenship

70 Pages Posted: 24 Aug 2022 Last revised: 11 Mar 2023

Date Written: August 20, 2022

Abstract

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Muslim, and Latinx Americans racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial inequality will not level citizenship inequalities. The institutional aspects of citizenship require reforms to the structural aspects of citizenship inequality as well – especially political inequality. This new approach requires rethinking the relationship between citizenship and the nation and how noncitizens can be involved in politics.

Keywords: Citizenship, Race, Immigration, Nationalism, Constitutional Law

Suggested Citation

Chen, Ming Hsu, Colorblind Nationalism and the Limits of Citizenship (August 20, 2022). 44 Cardozo Law Review, 2023 Forthcoming, UC Hastings Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4195636 or http://dx.doi.org/10.2139/ssrn.4195636

Ming Hsu Chen (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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