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Essay: The Flaws in the U.S. Constitution: Understanding the Racial Contract

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
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The Constitution in Theory vs. Society in Practice

The U.S. Constitution is a document that was intended to protect the rights of citizens in the new land, to ensure that there was no longer an issue of mistreatment as there had been with Britain in the past. However, one of the most historical issues with the U.S. Constitution and its equal protection clauses is that, not all members of the American society were considered a citizen. Due to the non-inclusion of non-whites in the definition of an American citizen as defined by the U.S. Constitution, African Americans were, and are still in some ways, subjected to a large scale of oppressive racism. These unjust practices that hindered African Americans from voting, education, housing, and economic advancement were supported by the U.S. Constitution. The U.S. Constitution also supported the exclusion of women in general, without any regard for race, from participating in the same political activities as men. Women were also withheld from the voting polls. By granting specific liberties exclusively to white American males, the U.S. Constitution failed at its intended purpose to create a democratic society, in which the laws laid forth protect and serve all people in the land of The United States of America, and thus the Constitution supports a white supremacist society.

In order to understand how the Constitution has directly affected and hindered the advancement of non-white male Americans, we must understand the different factors that are contributing to the support of white supremacy. The "Racial Contract" written by Charles Mills, stands as a non-ideal contract and a theoretical method for understanding the core philosophy and historical virtue of racial domination and how it has shaped a structure of global European domination. As the "Social Contract" has been at the center of Western political theory for understanding the social world, it has presented concepts that are significant to the cognition of individuals globally. As these concepts are necessary for us to categorize, problem solve, and generalize, a lack of suitable concepts can also hinder learning as well as inflict complications. Due to this, Mills strives to suggest that the central concept of the Racial Contract has the ability to be more revealing of the real character of the world we are living in. He also proposes that the contract will acknowledge the historical deficiencies of its normative theories and practices, and dispute the raceless notions that are currently imperative in political theory. Thus, the theory of Racial Contract then allows us to engage with mainstream Western political theory to incorporate race.

The original Social Contract, which the Racial Contract aims to expand and enlighten through normative truths, is made up by various other contracts, such as the political and moral contracts. The political contract refers to the establishment of a government and individuals obligations to abide to the rules set in place by such government that reigns over them in society (Mills 10). The moral contract deals with the moral code by which citizens of society are expected to govern themselves by through their behavior and interaction with others (Mills 10). The various contracts within the scope of the Social Contract, theorizes the manner by which society out to interact with one another without regard for race. However, it is impossible to do so in a world that is in fact, even if not in law, governed by race.

Racial Contract, takes into account the ways in which race has been the controlling factor in society's natural behavior. White supremacy has governed the world for centuries, and although there have been major advancements in breaking down the barriers put in place by white supremacy, it is still a major factor in the daily practices. Racial Contract takes into account the things that the raceless Social Contract leaves unsaid. Social Contract gives the assumption every person of every race is treated as equal beings, offered equal opportunities, and equal rights, therefore the behavior of all individuals can be governed by the same underlying principles. The Racial Contract reveals the true nature of a false equality in the world, by presenting the fact of how white supremacy has continued to move, in silence. The dynamics of white supremacy have always separated whites and non-whites within the scope of education, housing, and economic progression. These are the most important points within an individual's life because knowledge is power, therefor white supremacist do not want non-whites to have the education they need to overcome the obstacles white supremacy has put in place to hinder their growth. Where someone lives tells you a lot about where they are from, who they are, and who they may become, and white supremacist do not want non-whites or their children to have the same opportunities as themselves or their children because that would thus close the racial gap. Economic status places individuals into different classes, and white supremacists do not want non-whites to advance to a socio-economic class of the same or higher standing than themselves.

Classification is a human cognitive process whether race is involved or not, and according to Loury the classification on the basis of race is "neither a good or bad thing" (19). How can this be? How can classification on the basis of race not be a good or a bad thing, but such classification is the primary cause of racial inequality as without the classification there would be no desire to offer differing levels of respect and opportunity to particular groups? I believe what Loury was trying to get his readers to understand here is that the classification process itself is not the issue, but the acts that follow the classification are what we need to be aware of. As human beings who have been brought up in a world of classification we are naturally going to engage ourselves in such practice, but the actions we take based upon those classifications calls upon our moral judgement and ethical beliefs. Whether it is an employer who purposely holds black employees back or someone with the intent of enforcing the laws against discrimination, they naturally classify human subjects based on race (Loury 19).  In presenting this mechanism of classification as a cognitive process, Loury is giving his readers a pass for their behavior in saying that you are not racist because you classify based on race, but is also giving them a subtle solution that can aid the problem. By being aware of our classifications, we can then take the initiative to ignore our past presumptions based on those classifications. When we do engage in our predetermined assumptions of others on the basis of their racial classification, we then succumb ourselves to "self-confirming stereotypes" and reinforce the very system that we claim to be evading.

Resulting from the favoring of white supremacy laid out by the U.S. Constitution, those who fall into the non-white or not male category, find themselves receiving the short end of the American society stick. For example, in predominantly African American neighborhoods, the school systems are inadequate for preparation of higher learning.  This prevents children who are growing up in these neighborhoods from advancing to the next societal level. Without an adequate foundation in their educational career, it takes twice as much effort on the part of minority children to obtain a higher degree and do better for themselves economically in their adult lives.

African American women were also drawn to political parties in an effort to lend their support in hopes of one day seeing new policies being created that aided the African American people. Many women during the 1930's were drawn to Marxist politics because such organizations were focused on analyzing the economic crisis and providing "clear visions for reordering society on the basis of an expansive union movement and workers equality" (Gore 20). In her novel, Radicalism at the Crossroads, Dayo Gore describes the early struggles of Vicki Garvin and Marvel Cooke, two very important women in the communist party politics of the 1930's. Gore's description of the women's early lives, political struggles, and resistance to oppression well before the dawn of the civil rights movements helps to reinforce the idea of a "long civil rights movement." Women's role in the progression of the civil rights movement is completely overlooked in the traditional narrative. This only suppresses the power of the civil rights movement in future times. Rosa Parks is the only woman acknowledged as being of any influence in the traditional civil rights narrative, but thousands of women marched and protested for labor, housing, and racial equality long before Ms. Parks was recognized.

Unfortunately, we may never see a time when America takes full responsibility for the hardships they have placed against African Americans. Regardless of the fact that the civil rights movement helped pave the way for an end to racial segregation, racism is still thriving, and African Americans are still battling against oppression in many different forms. The African American does not need to aspire to be a part of white America, but rather needs to aim at uplifting their social status. African American communities need more funding for better schools, more leaders to mentor the children, and more restoration projects for the community. Rather than thinking highly of some and not so highly of others, we must hold everyone to the same equal standards in order to see true equality emerge around us. If everyone is truly adamant about having a racially equal society, we must stop thinking about race when we are dealing with individuals on the social level.

 

References

Gore, Dayo F. Radicalism at the Crossroads: African American Women Activists in the Cold

War. New York University Press, 2013.

Loury, Glenn C. The Anatomy of Racial Inequality. Harvard University Press, 2003.

Mills, Charles W. The Racial Contract. Cornell University Press, 2014.

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