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Bell and Ideology of Racial Reform

Bell and Ideology of Racial Reform

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Derrick Bell and the Ideology of Racial Reform: Will We Ever Be Saved? And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick Bell Review by: Richard Delgado The Yale Law Journal, Vol. 97, No. 5 (Apr., 1988), pp. 923-947 Published by: The Yale Law Journal Company, Inc. Stable URL: http://www.jstor.org/stable/796520 . Accessed: 18/11/2011 04:29
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Derrick Reform: And Bell.*

Bell Will

and We

the Ever

Ideology Be Saved?



We Are Not Saved: Basic Books, Inc,

The Elusive 1987.

Quest for Racial Pp. xii, 288. $19.95


By Derrick



Derrick Harvard America's

of his 1985 an expansion Saved,1 is about The Civil Rights Chronicles,2 Law Review Foreword, the vehicle oldest and most intractable problem: race. Through Bell's And We Are Not tales with designed to probe aspects of soci? of those tales by the book's

of ten "Chronicles," imaginative of race, together ety's treatment alter narrator and his fictional

analyses the Bell exposes Crenshaw, ego, Geneva law. States race-remedy nerves and sinews of United discloses much that Bell does this with surgical skill, yet the operation The patient may we would rather not see. Bell offers a somber prognosis: civil rights to. American and perhaps was never intended never recover, law is not aimed when of civil that occasions system assuring for blacks, except conditions at improving with whites' self-interest. so coincides doing statutes has and case law the right serves amount exactly on the rare Instead, our a homeostatic function, of racism: Too little

rights society

* Professorof Law, Harvard Law School. ?f Professor of Law, University of Wisconsin School of Law. J.D., University of California at Berkeley School of Law (Boalt Hall), 1974. I am indebted to Harriet Cummings and Leslie Proll, my researchassistants, who researchedand drafted portions of this Review with the care and concern that make teaching a joy, and to Jean Stefancic, Associate Law Librarian, University of San Francisco Law School, for supplying support, criticism,and informationexactly when they were needed. Mari Matsuda, John Powell and Michael Olivas read drafts and made invaluable comments and suggestions. This Review is dedicatedto Ge? neva Crenshaw. 1. D. Bell, And We Are Not Saved (1987) [hereinaftercited by page number only]. 2. Bell, The Supreme Court, 1984 Term?Foreword: The Civil Rights Chronicles, 99 Harv. L. Rev. 4 (1985). 923

140-61. deepens when Geneva. Pp. 4. most writing and teaching mindset that characterizes ist. the faculty decide they will go no further in hiring and the black candidate is rejected. she discovers a miniature model ship. captives. aimed On the at losing her half on a beach in Ghana despair beach. her faculty col? Accordingly. irony. incrementalor delay. intractability buried in the sand.3 is events as evidence that salvation their sympathizers hail these landmark the new rights are cut back by narrow con? predictably. foot-dragging. When the seventh such nority teaching applicants. The Dean apologizes to that the alumni were beginning to fear that the lamely reporting was taking on the appearance of "a professional basketball team. as soon as blacks' gains threaten whites' status. Their initially pleased aided by a mysterious is able benefactor. 347 U. For Bell. The a tale simply it illuminates Chronicle over the the psychology of particular individuals. myth. Their concern sulting jobs.4 for example. scroll.924 The Yale Law Journal [Vol. Then. Geneva walks during a personal pilgrimage of the race problem. when she begins to outstrip them in the usual measures of professional merit: teaching. ofthe Slave Scrolls5 is even more painful. Blacks and such as Brown v. ahistorical. 5. however. Bell uses literary techniques?humor. . to prestigious commissions. which she recog? nizes as a replica of the type of ship that slave traders used to transport African Inside the hollow she discovers a parchment vessel. to have her among their company. victories. this Chronicle is not rather.S. candidate minorities Geneva. limits set in. revealing the way that law functions in our society. show how this mindset operates. whose The writing message exhorts is simple: her to preach a message of survival to black Teach blacks the seldom-read history of 3." Geneva hears of this reaction. faculty When is proposed. but only so far. 97: 923 would too much would risk disrup? forfeit psychic and financial benefits. at one of the nation's position hold a tenure-track schools. 483 (1954). people. The optimistic. cause and may actually impede it. leading there. 215-35. moderate-liberal about civil rights in the United States thus does little to advance blacks' at hand. Pp. and appointment She graduated high in her law school class and had exten? as a civil rights litigator. Geneva's credentials law the first of her race as a law to to teach teacher are impeccable: sive experience are leagues smiles turn to frowns. and anecdote?to In the Chronicle the DeVine is hired Geneva of Gift. announce and the courts periodically tion. struction. conscholarly publication. Board of Education. Congress with great fanfare. Accordingly. suggests tion programs are intended to benefit blacks. she quits her teaching to position The Chronicle that affirmative ac? rejoin the world of practice. wealthy to bring to the law school a parade of even more superbly mi? qualified each of whom is hired.

Pp. 9. an unreasonable insistence on benefits not deserved by people who have suffered no unfairness.9 Sacrificed the Amber Foundation. 10. 8. The Chronicle of the Black Reparations Foundation discusses an imaginary programto improve the circumstancesof the black underclassthrough economic supports and incen? tives. Geneva becomes a preacher and encour- the nation to form "healing which dediages blacks throughout groups. Judicial breakthroughs through narrow interpretation. P. any benefit to blacks is limited step back. become Blacks churches vanishes.8 Black of the eight the Celestial Reparations Soon and model additional Curia. and that further agitation on blacks' part is simply bellyaching. entertainment. whites in every area but sports and begin out-achieving which scorn as shallow and unfulfilling. 102-07. Chronicles?the the Constitutional Black Contradic? sudden and centers. Reliance virtually of the groups transform communities.10 the TwentyCloud. After Geneva's completion of the tale.recalcitrance.12 6. The audience listens to her impassioned speech about the tragic results of the slavery compromisesthey are about to enact. self-help quickly and joblessness Black addiction. improvement eration Laws. brutal. she and the narrator analyze recent law reformcases and conclude that civil rights litigation proceeds. After Geneva recites the Chronicle ofthe Sacrificed Black Schoolchildren. Society finds the ensuing rapid improvementin the fortunes of lowerclass blacks intolerable. improvement threatened. P. 51-56. 26-42."6 imagine in America. An extremely wealthy white benefactorturns over his and his friends' fortunes to poor blacks who wish to improvetheir lot. The black churches are forced to ship. a history "gory. filled and brutality than most of us can rape. she and the narrator discuss the failure of court-mandatedschool desegregation to improve the lot of blacks. Blacks end up no better off than before. resenting Working-class of status. 11. The narratorand Geneva then discuss how the taint of these compromisesset the nation on its current unfortunatecourse.1988] Racial Reform 925 slavery and black subordination with more murder. on welfare agencies centers. ironically termed Racial Tol? are applied to prohibit black healing groups' prac? of racial hatred.at best.7 which tices as the preaching burn the scrolls Each tion. she introducesherself as a black woman from the twenty-firstcentury. 123-30. Pp. and often worse: Society is led to believe that the "race problem"has been solved. or easily comprehend. and the program is stopped. mutilation. drop rapidly. Crime. and the black community'ssoli? darity is impaired. 217. Pp. Those who complete the lessons trials their their wear metal bands on their Graduates wrists to remind themselves of the forbears endured.11 the Schoolchildren. Pp. black teachers and administratorsare reassignedor fired. they blacks begin to act exactly as white people have long maintained blacks must act to win full acceptance." cate themselves to learning the lessons of the scrolls. The Chronicle of the Amber Cloud discusses the limits of the equal protection . Pp. In short. In the Chronicle ofthe Constitutional Contradiction. 12. black schools are closed.and delay. however. the whites. 220. Rather than respond and with warmly congratulations white America competition to the finds loss itself in blacks' status. but rejects her request on the ground that the nation's unity depends on preserving a system of black slavery. Black schoolchildrenend up worse off than before in newly integratedschools. carry out violent attacks on black selflaws are passed. Entering the great hall in Philadelphia. then one occur only when they benefit whites. Geneva is transportedback in history to the time of the Constitutional Convention. with one step forward. 7. 162-65. The Chronicle ofthe Celestial Curia considersthe potential of litigation to achieve justice for blacks.

the system to reform itself. One youth tastes a stone and inadvertently swallows it. oppression well at night: This is the perverse probe and test in the Chronicles. and be. White society cannot absorb the large numbers of clean-cut.The narratorconcludesthat such a bill would be declared unconstitutional. Geneva describes an imaginary disaster that causes previously well-behaved white youths to suffer "ghetto disease. The racial limitation on the distributionof the treatment is challenged but upheld in court. disruption. Just as blacks have trans? in it a source of strength and continued work within the current It may clause in achievingjustice for blacks. the boy's character is transformed. Lower-class whites fear the changes. put down) will undo American the reader is told. In the Chronicle of the Black Crime Cure. messages. Society displays great concern and leading scientists quickly discover a cure.926 The Yale Law Journal [Vol.they can no longer tell themselves that they are better off than the blacks. formed the Bible. the narrator and she consider the bill's constitutionalityand potential effectivenessin promotingblacks'interests. 16. 15.14 and the Voting Rights bleak note: American racism is despite our most exalted and subordinates of minorities invisible here to stay in our most legal rhetoric. ten Chronicles the final show tegrated education. as Bell hopes. legal institutions subscribing oppresses to a nearly and virtue tolerable.Yet again the story has an unhappy ending.Instead. innor armed insurrecself-help. even though it would also help black youths become productivemembers of society. poll taxes. the supply of magic stones is mysteriously destroyed. be ruthlessly racism. program litigation. Pp. 245-48. Police and security guards are threatenedwith loss of their jobs. This will require a many-faceted of education. and violence. After Geneva relates this Chronicle. that finds ideology Our oppressors sleep of the mindset Bell's characters pages of the book16 are that neither litigation. separatism. He has an epiphany. and is therefore restricted to whites. The Chronicle of the Twenty-SeventhYear Syndrome?the only Chronicle recited by the narratorand not by Geneva?discusses problemsin intimate relationshipsbetween black men and women. and community The extra-legal tactics will put pressure on organizing. both its means and ends are ethical. 13. natural.and Geneva doubts its effectiveness. American color this at every turn. The cure is expensive. 97: 923 Seventh Black Year Crime Syndrome? Cure??sounds the Ultimate same this prized society Act. Pp. In the Chronicle ofthe Ultimate Voting Rights Act. Pp. 14. 198-203.He no longer is interestedin dealing drugs or mugging pedestrians. 248-58. there is hope. a southern senator with a long track record as an opponent of black causes is saved from drowning by a black woman. a gang of young black criminals discoversa bed of brightly colored stones while exploring a cave. tion (which would struggle. however. . Pp. The stone has an immediate effect. that in the United States racial attitudes to occur without Nonetheless. Soon. The message of the stones soon spreads and many others swallow them.The status quo returns. finding so should they and their emigration. The Senator introduces a bill which provides a $100 incentive to citizens who vote. after which he delivers an impassioned speech decrying blacks' historical exclusion from citizenship rights through the black codes. 75-88. peaceable black youths demanding work. inevitable. The struggle will ennoble all in it. and the Constitution is sufficiently flexible to allow who reform labor bloodshed. Soon crime in the black communityalmost disappears. he is seized by a desire to work for good. constitu? sympathizers tional structure to try to make it a source of humanizing reforms. where it once again serves its usual function of uniting the white community against blacks. Despite unabashedly these hammerblow The positive.even if it survived challenge. and guarantees minority voters proportional representation. Inner-city crime increases to its former level." an illness whose main symptoms are lack of motivation and propensity to commit crime.

and class consciousness. ." P. Like all stories. 1987. Just after Geneva recites the Chronicle ofthe Black Crime Cure. listen for.not literal. Implying that objective. at 192.. My explanation takes the form of a story. Rev. for Geneva. Fuller. Rev. See supra note 15 (describingChronicle of the Black Crime Cure). 132 U. Like Bell. 616 (1949) (mythical case report). it is metaphorical. The Imperial Scholar: Reflections on a Review of Civil Rights Literature.20 search transformation is unexstones. Geneva recites the Chronicle the of Black Crime Cure18?as a Chronicle as any she told despairing gest?have she suddenly shifts to a tone of hope and optimism. Bettelheim. The Uses of Enchantment (1975).as of our own hopes. Geneva's for an explanation. "Neutral" approaches often mischaracterizeor dismiss opposing viewpoints (or disregardthem entirely. My friend Bill Powers has suggestedto me that dialogues which present opposing viewpoints with? out arriving at conclusionsas to which are correctare "cop-outs. . to this almost transcendentconclusion? 20. 62 Harv. as many legal writers do. grapple with and?eventually?overcome. see Delgado. 248. Bell. And. 7. Harv. The gap between the bleak picture At painted by the first part of the book and the rosy ending is puzzling.See. in nine short pages. The starknessof this sudden change in Geneva's outlook may be witnessed in the book's final ten pages. as all movementsfor change must gain the support of the dominant group. which is white. 561 (1984). Spring 1986. 19. L. 257. the narratorobservesthat "[n]one of her stories had been models of optimism. rejoice in the memory of the 'many thousands gone. permitting the reader to pick and choose elements of either story and form a new story that synthesizes the dialogues into an account that rings true in light of his or her experience. It attempts to show how consciousnessmay work. See Book Review. vehicle Thus we must does. I believe that stories are useful vehicles for probing mindsets. Stories are useful tools for the underdog. finally. e.as they invite readers to suspendjudgment. 193 ("[H]is surprising conclusion is noble and edifying. .see also Greene.Stories that contain dialogues can probe the tensions and contradictionsamong world views.' those men and women before us who have brought us this far along the way. but this Chronicle of the Black Crime Cure touched the very nadir of our despair. but praised it. Dec. our own efforts. Let us. At least one reviewer in the liberal press noted this disjunction."But I believe that authors perform a disservicein purportingto reason neutrally and then coming to predetermined conclusionsin accord with their biases.. This process is essential in our society. Pa. New Yorker. optimistic? 17.17 the start of the book's final chapter."). See B. 62 (Platonic dialogues and law profes? sors' classroomexercises probe and test belief). where the zigs and zags of doctrine are less easily explained by precedentthan by history. and reflect on the point of the story.10 Bell to tell the reader why Geneva. abandons her skeptical stance and joins Bell in the hazy homilies with which the book ends. L. Blackletter J. Narrative and metaphorare particularlyuseful in the highly charged area of race. at 60. Compare this observationto Geneva's ringing conclu? sion which comes shortly thereafter: Both history and experience tell us that each new victory over injustice both removesa barrier to racial equality and reveals another obstacle that we must. or anyone else. 18. let us take up their legacy of faith and carry it forward into the future for the sake not alone of ourselves and our children but of all human beings of whatever race or color or creed. in a fictional travelling What to Geneva to leave her so happened cure laws are elastic. economicconditions. then. in turn. Let us be worthy of their courage and endurance. I adopt this format for several reasons. Although it is as startling as any produced by the before?yet does little slave scroll as or the Bell crime plained.1988] Racial Reform 927 Yet elastic things?as the Chronicles repeatedly sug? a way of snapping back. P. A Short Commentaryon the Chronicles. The Case ofthe Speluncean Explorers. The eleventh Chronicle seeks to answer this question: How does Geneva travel from the Chronicle ofthe Black Crime Cure. . usually spunky and challenging.g.correct answers can be given to legal questions also obscuresthe moral and political value choices at the heart of any legal inquiry.

Fix Personality the Modern- To set the stage for this final As depicted background. In presents the institution this way they work together to discover how much?or little?American of civil rights law has progressed. Geneva. in the book. As you know. I want have Dr. Gilder. returns to the mental institution from which she had been furGeneva and pick up her personal effects. of hope. I am well. Shortly loughed to request a discharge in after her arrival. Now let us imagine that on completion but prior to her final discussion with the narrator. Gilder is about trimmed beard. She suddenly and seeks out Bell's narrator. 97: 923 The Eleventh Chronicle: Liberal and Despair Hope. before Fund's lawyers until she by overwork. See supra note 19 and accompanyingtext. and wears a tweed sport jacket and a two sit down on opposite sides of a table in a during which the book begins. Dr. we no longer subscribe to the double bind theory of schizophrenia as an article of faith. in an effort to catch up leaves law during on. She was one of the most talented suffered a severe nervous breakdown Geneva regains her mental health. and come to terms with. and the strain of working for twenty to recede. Geneva had been a litigaFund. she meets with Dr. neatly from the institution. As I'm sure you between reality and my hopes that drove to my friend and mentor. It's You pleasing look to see There is much work to be done. out of touch with reality. tor at the NAACP Legal Defense Geneva's of the caused that years. reconnection with reality.928 The Yale Law Journal [Vol. about better. The double bind theory holds that inconsistent treatment. for goals racist violence. 22. Since I now see things as they are. and I still are me much this hopelessness I did not say hopeless. usually by parents early in life. Geneva was institutionalized her mind wandered. to do. I am now much .22 But I'm happy if 21. Gilder. and then discuss it with Bell's narrator. Just room. Jeffrey a psychiatrist Gilder. How was your furlough? Geneva. small. Fine. thanks to my ses? sions with my mentor. He must certify that she is fit to be charge released nation. to discharge me. I am now refreshingly devoid of hope. Dr. it was the disjunction remember. Chronicle The book proceeds by having Geneva recite a visionary (she all but one of the ten). me here better. Geneva. But tell I said devoid Thanks originally. seemed always let us note a few facts about Chronicle. improved.21 the tenth Chronicle. catching up you Gilder. So will you please sign my discharge papers so that I can collect and leave? my things Dr. of her care and treatment. comfortable I see you are back. what took place in race relations her long absence. The and he interviews her to make that determi? forty. your you feel. and I can see you Geneva. Geneva.

Man's Search for Meaning (1959) (discussing salutary ef? fects of small choices made by prisoners in concentrationcamps). Bettelheim. please sign the papers Dr. Erfurt. Brown eds. B. 24. In the Matter of Color: Race and the American Legal Process (1978). Stone cold sober. Now. 1966). The Political Economy of Slavery (1967). Capitalism and Slavery (4th ed. Frankel. I was idealistic and hopeful.) You can't live?nor can you leave here?without predisposesindividuals toward schizophrenia.) Yet I think we (Fixing should explore this dejection of yours. 276 (1973). Roll. You certainly your conversations don't seem to be hallucinating any more. W. Hauenstein. I'm not about to repeat my mistake. 90-97 (1965). If you're willing to sign the papers. the Lord. I went that route before and it drove me crazy. You've opted out of and despair. (Firmly.24 and now demand that we salute the flag. Schull & Schork. On the psychologicaleffects of racism on blacks in general. Geneva. Haley & Weakland. Suppressed Hostility. Geneva. Bateson. I now can do to my people. and look where it landed me. Toward a Theory of Schizophrenia. Gilder.1988] Racial Reform 929 with your friend did you some good. Chape. and as nature intended them to be?with your people on top and have mine at the bottom. your with and let me out. 1973). and just as in touch with reality as you are. 1972). can you demand crazy. hence I'm cured. Fine. Watson ed.and suicide among minority racial groups. E. Dr.See R. Before. Tell me how you are feeling right now. K. 1 Behav. Racism and Mental Health (C. I'm happy to see. Geneva. Harburg. Emotional discharge you nihilism I can do that. see K. and what little chance we oppression of stopping I also see that your class?nothing it. invisible to which things ideology according are fine. to pick me up. Roll: The World the Slaves Made (1972). 25. 251 (1956). see E. see B. The Politics of Experience 77-81 (1967). and concede that salvation is just around the corner. maintain us a laws. I'm not so sure by embracing health. Doc? personal. The Peculiar Institution: Slavery in the Antebellum South (1956). V. tor?subscribes to a bland. Socio-EcologicalStress. No praise wonder we minorities have a high incidence of mental disorder. . E. The Informed Heart: Autonomy in a Mass Age (1960) (hope distinguished those who survived prison camps from those who died). Cobbs. Genovese. a black woman. Genovese. 23. Stampp. Black Rage 154-80 (1968). On the theory that hope is essential for mental health. Gilder. It may indicate some sort of mood disturbance. On high incidenceof mental illness. The Revolution of Hope: Toward a Humanized Technology (1968). Clark.23 How can I in unless you concede that there are grounds see what dilemma mental good conscience for hope? Geneva. Cramer & B. I'll call a friend who agreed Geneva. 35 Psychosomatic Med. see Psychology and Race (P. E. I have no hope. For studies of slavery. Sci. A. Laing. Skin Color and Black-WhiteMale Blood Pressure: Detroit.25 Well. Jackson. which is incompatible well-being requires hope. Dr. How people? That's that way for two hundred few "great" court victories. Jordan. Fromm. You drag of all me. Willie. Williams. optimism?of us to this country in chains. Grier & P. Gilder. announce pass a few symbolic years. Dark Ghetto 82-86. Geneva with an appraising look. Higginbotham. drug addiction.

col. again. 1988. the Doc? fessional tor is silent Dr. Law. . way lies despair.) more ground for optimism than the situation warrants? Must I do this to be discharged Dr. Bureau of the Census. One of you even ran for president. 28. That more bouts with madness. If I were black. Geneva. the Chronicles been whites is like you to change Weren't Geneva. for some time. at 72 table 112 (ratio of black to white maternaldeaths essentially unchangedover same period). Gilder. doggedly. depression?maybe Geneva. As a white.Bernstein. at 13. When Geneva finishes.) and to others. 27. Gilder. Times. if not wider. at 68 table 106 (blacks*life expectancy four years shorter than whites'). ratio essentially unchanged in 1984). life looking at the black side of things. N. Psychiatry and the Mental Health System 675-726 (1974) (standardsfor civil commitment).) Our system has enough to allow energetic. you hope you are a danger in an all-suffering to yourself voice.Y.id. 45-48 (Geneva uses statistics to argue that racial progress has been illusory). you (Evenly.1%of black families lived below poverty level.black-white income gap has widened over last 15 years). The gap between in family income. Feb. or a hundred. 29. Let me try to explain to recount the ten Chronicles. see also infra notes 31. Foucault. The Chronicle of the DeVine Gift and the Chronicle of the Slave Scrolls are summarized supra text accompanyingnotes 4-7. Brooks.For a richly suggestiveaccountof the political dimensionsof psychiatric practice in its European origins.1%of white and 55. Without let you go. I don't see how you can say that. ? 1. We've for decades without getting anywhere. of the civil rights strategies will work. pp. Geneva.S. employment.930 The Yale Law Journal [Vol. go through but Gilder continues (Geneva snorts. Howard trans. 34 (citing additional statistics on minorities' status in U. Today your peo? can drink from integrated Your children can go to ple drinking fountains. Statistical Abstract of the United States 457 table 766 (106th ed. I Geneva. love. Gilder. see M. id. 18. See U. Madness and Civilization: A History of Insanity in the Age of Reason (R. infant mortality?every is exactly what trying them and blacks of well- measure it has always been. 1 (although some middle-classblacks have prospered.S. Doctor. See generally A. work. Doctor. None of those integrated things was true thirty years there has not been progress? better the plight of your How can you say that ago. human relationships. But that doesn't justify your dwelling on the hopelessness of the situation. schools. want me to pretend that there is Then. I can empathize with your distress. too would be distressed. The remaining Chronicles are summarizedsupra notes 8-15. that none Doctor? The moral of you listening. talented blacks flexibility Geneva.26 I can't it to (Patiently. 1965).21 such a som{Geneva proceeds painting ber portrait that the psychiatrist9s expression changes from his usual pro? detachment to genuine concern. What did we fight for in Selma if not to people? 26. it. TwentyYearsAfter the Kerner Report.) I can see that you're distressed.28 being?today Dr. 97: 923 hope. You can't into the world? all rest on hope.). 1986) [hereinafterCensus] (in 1959.

You're not about infant death And look at the Asians. 1622 (1986) (criticizing celebratorystyle of legal scholar's writing on Supreme Court race-relationsjurisprudence). Geneva. when most of us you justify your comfortable to eke out a bare subsistence? So you manipulate statistics and struggle issue selective own ears. is the same as it was fifteen years the and ago. by 1982. What reporting yourself. that things are getting better for blacks.L. You're too harsh on us. See Denvir. both in income and wealth. 1987.1988] Racial Reform 931 Geneva. 32. See Kennedy. more to you white liberals than it does to us. Time.S. L. intend it as a reflection on my sincerity?29 Geneva. and other selfdestructive behavior in the ghettos and barrios of every major city?33 And consider blacks. mostly?in order to progress reports?for your convince Dr. 285.) On the right side of the picket lines. fustice Brennan. See The State of Black America 51 (J. and Free Speech. Your hopelessness is self-fueling. drug use. In fact. there's been enormous country too harsh progress on all fronts. I do believe that you act toward me in the You're not a conscious racist nor a deliberate of suppressor Indeed.) thank you. 1982). "Rotten Social Background":Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation?. law profes? congressmen. of us can name. Not best of faith. News 218 (1987) (black infants born in U. Doctor. the gap.8% higher than those of whites in 1950. . 26-28. See Census. 132 Sci. I'll choose to take that as a compliment. I didn't (Her expression softening. 24. pp. See Delgado. they were 94. myth. see also Black Infant Mortality Risks Studied. Rev.30 yourselves Gilder. that we're progressing when we're not. Williams ed. Doctor. (The In that case. Dr. Aug. Otherwise. 3 Law & Inequality 9.1%higher). so you pick out a few facts that confirm your view that the is racist and will never change. 80 Nw. Doctor. supra note 28. Rev. And it also explains apologist your need to convince at any cost. 31. my voice. it's your very sincerity that renders you such an effective for your system. Sometimes But I must I think know you'd I assume? been in Selma. Doctor nods. The His? above selective Doctor. twice as likely as white infants to die during their first year). at 18. yourself. You take a bleak look at things. on that great reject your insistence that black people's means progress Geneva. 30-33 (1985). 288-89 (1985) (liberals' sincerity key element of their ideology's efficacy). Progress. The disparity between whites gap. fustice Rehnquist. 45-46 (Geneva cites unemploymentstatistics to Bell). There are more black mayors than either panics are progressing. More to the point. Gilder. 30. 33. 86 Colum. Geneva. at 72 table 112 (black infant mortality rates were 63. The Ghetto: From Bad to Worse. Or did you at all. rates among my people that are nearly double those of whites?31 What about unemployment rates among young black males that are nearly triple yours?32 What about crime. U. There are black judges. what good will your spasmodic efforts on our behalf have done? And how could standard of living. you're on yourself. sors. Race Relations Law and the Tradition of Celebration: The Case of Professor Schmidt. 29.

34 if you that you mean in relation to the way they were for us. You don't because you're caught in a mindset there should natural and normal that whites should be over blacks?that so and well-being. little ago. Gilder.").S. fifour condition for blacks today with those describing compare figures teen or one hundred more than a century for your years After all. their income would rise by only 8%). Farley & W. col. our reality and insist on remaining about living in a melancholy world I wish oppression. 45-47 (statistics). col. Naturally. 3. 35. See Williams. is biased basic these in that world. See Census. at 457 table 766. has shown new immigrant great ability to change to accommodate social movements. Dr. 1987. but it's obvious that you do. Dec. at 2. but it always turns out if not growing. 129 (1987) ("Thus. Doctor. statistics is revealing. none. But point where I realize my own and the impossibility of my own escape from it. we were in slavery.A. Pinkney. health. . 5 Law & Inequality 103. Doctor? Dr. Why couldn't you. 1987. Allen. The Color Line and the Quality of Life in America 137-57 (1987) (high degree of involuntaryhousing segregationexists in U. Furthermore. supra note 28. 30. 5 (housing segregationincreasing in major American cities).. we believe we can improve things with work and trust. are getting a little better at the botthat the only issue is whether things tom. room for improvement? Our society groups. your people. that finds it so you don't. If you did the latter.932 The Yale Law Journal [Vol. ago. You've educated me to the I had some choice against your people. The Myth of Black Progress 83-86 (1984). Why 34. at least one leading advocate of minority causes urges that Third-World activists avoid taking an overly pessimistic stance. N. Hacker.. I have reject own. Dec.Y. Am I being too harsh on you. from everyone you you'll be alienated meet. Your in it. that the dominant group sees little need for and that progress comes at a snail's pace. comparison not blacks to whites. and sympaargument thizers like me work shoulder-to-shoulder to change things? Is our politi? cal system not open? Is there not flexibility. 97: 923 You say things are getting better. Rev. longevity. be a gap in educational achievement. So let's suppose for the sake of that they are true.36 You refuse to enter into that community?you concould start sciously of your Geneva. McLeod. New Study Claims. Bernstein. supra note 28. I wish I outlook is of your own making. American Apartheid. Not on me. couldn't you work to transtechnologies. for you will never recover you on a more optimistic until you achieve this. Not that I believe change. Taking Rights Aggressively: The Perils and Promise of Critical Legal Theoryfor Peoples of Color. pp. even if black men gained same seniority and education as whites.000 per year as for others). Your selection of a basis of You compare blacks to blacks. you will see improvement. see also R. Books. we differ with our brothersand sisters in CLS in that we cannot afford the luxury of a wholly negative critique which distances and alienates an already historically proven hostile audience. Gilder. Blacks are Losing Integration Fight. you'd find little or no progress. things. let's concede that all you say is true?that the law Geneva. at 29. and is just as great for blacks earning more than $50. gloomy yet you're trapped course. San Francisco Chron. 1 (black men on averageearn 60%of what white American men earn. but you're still being too hard on yourself. For this reason. Ours is an optimistic society.

see supra text accompanyingnotes 4-7 and notes 8-15. you say. ? 4 (requiring Congress to protect states against domestic violence. 37. including slave revolts). 1985. Board blacks. See Delgado. for security and Professor and rights Bell have for a males. 75-101." Dr. the Framers white Dr. 205. thereby preventing Congress from laying capitation tax on slaves). if you really believe the "Consti? lies with that the trouble 36. See Kennedy. including products of slave labor). 41. 42. Ten provisionsof the Constitution protectedthe insti? tution of slavery without overtly sullying the document's egalitarian appearance by mentioning the ugly word. Pp. Contradiction?" Geneva.1988] Racial Reform 933 form a system you regard of what Geneva. see also B. given the justice when you were obviously daydreaming lessons they teach. art. 301. Gilder. Bell. ? 2 (blacks counted as three-fifths persons for purposesof apportioningRepresentatives). 40. see also pp. Well. and.38 The legal system is cautious and conserva? are achieved.S. when It all began with the drafting of the Constitution. For summaries of the Chronicles. including slave revolts).art. Rev. ?? 2. ? 2 (requiring states to return runaway slaves). 52 Notre Dame Law. But I recounted the Chronicles and the and will not suc? or at? action. Freeman. 28 Buffalo L. tion. 1982). 26-42. at 20-29. for what traded I was you're enslavement of black Geneva. name Gilder. Bell.R. art. Geneva. C. The Structure of Blackstone's Commentaries. it never allows great change. Doctor. 483 (1954). L.L. Wright. See D. 5. Is it the "Fundamental who coined describing. driv? or another nail into our coffin. as people You I recall. V (prohibiting amendmentof slavery guarantees before 1808). I. . Nor is this result either accidental ing yet a recent creation. IV. 9 (apportioningdirect taxes among states. You're thinking of our friend. See Bell. in The Politics of Law 96 (D. Rev. integrated test litigation under tempts to reform the system incrementally through the equal protection clause. 30. pp.39 end up benefiting great successes. Freeman. 304-05 (1987). The New Rights Wars. The passages that guarantee the institution of slavery are art. as fundamentally to prevail? expect I thought careful listening unfair. 1049 (1978) [hereinafterFreeman.-C. Antidis? crimination Law: A Critical Review. White Justice (1987) (judicial system deeply biased against blacks). 39.43 We call our version tutional Contradiction. Rev. Black Robes. And when "victories" are undercut tion and as soon as the celebration The dies down stalling.37 Nor will was your stock in trade. 38. I. Legitimizing Discrimination]. whites more than by restrictive like Brown v. 62 Minn. they tive. Racial Remediation:An Historical Perspective on Current Conditions. 347 U. Newsweek. art. at 66 (Justice Department obstructs progress of civil rights suits). Dec. Racism and American Law 30-44 (2d ed. I. supra note 38. 211-15 (1979). IV. I. L. art. Duncan Kennedy. LegitimizingRacial Discrimination through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine. 1980). ? 9 (prohibiting Congress from abolishing international slave trade until 1808). 51-74 (civil litigation and school desegregationbenefit whites more than blacks). 10 (prohibiting federal government from taxing exports. 43. ?? 9. they legitimize an unfair and oppressive system. 6-13 (1976). that term to refer to something similar. I.41 And interpreta? of Educa? work political affirmative education. ? 8 (empoweringCongress to call up state militias to quell rebellions. Kairys ed. The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want?.36 Voter registration ceed. art. 22 Harv. Race.42 listening. See D. art. disruption.40 illusion by giving the of progress.

slavery. 1985 (entire issue devotedto immigration). the the possibility there is always tion. June 29. col. Geneva. June 29. Time. at 23-24 (noting "aura of the sacred"and describ? ing Constitutionas having one defect. Jan. be changed Constitution. you're such an optimist. from the Third-World compelling. e. And if it could actually might ease somewhat. col. For various proposals to amend the Constitution. Legal Educ. San Francisco Chron. and there continue It's been amended many times. see Hertzberg. they demanded a constitutionalconvention to draw up a document that would better advance commercial interests.James Madison. at 1. Minneapolis Star & Tribune. 324 (1935). 162. See New Ethnic Voices. 45. Special Issue: We the People. Rise of Minorities. ? A. People. and Politics. Sept. people you and other Third-World go along for the reasons you mention. Surely persons as talented as you and Professor are Your numbers reform. as I'll explain. U. New Republic. nor that it has coexisted forget have and injures us at every turn. July 8. at 74. at 48. July 6. 5. Dr. 1987. See infra text accompanying notes 129-32 (Geneva speculates on content of new Constitution). doing so is a our quandary tall order. ? 2. Of course. New Republic.Kilpatrick. is straightforward. News & World Rep. 1988. Geneva. 1987. Don't you agree? possibility (Dr. Time. Fail 1985. July 27.See C. col. at 19 (ideas for constitutional amendments). person's perspective. col. pen in mid- I bet you don't believe in origi? Doctor.. 11. San Francisco Chron. conven? to force a constitutional the voting strength will soon command of hope. 97: 923 the Constitution. When mercantile forces became discontented with the Articles of Confederation. celebration. 1. I could marshal arguments in a few key respects. the for changing sin either. Population.48 We have declined 44. The I'm listening.46 But. 6. 46. air. 1984.g. to join Our voices have been disin the party. for changing the Constitution argument Bear in and. Let's Get Representative. calls to amend it in this or that fashion. 23. 1. Massachusetts Revolt Was Important Catalystfor Birth of Constitution. Foreign Pol'y. 1987.. of change.. 163-66 (1987} (declining to join in praise of Constitution.934 The Yale Law Journal [Vol. at 6 (readers praise document). Beard. 1987. 1987. 37 J. at 15 (proposing amendment to institute proportional representation scheme). pointing out that it has done little for .Fiddling with the Constitution. at 7. just work to is fundamentally the Constitution Bell could mar? change it. 1987. Very few minorities submerges heard celebrations. Time. 48.Move Over. Hispanic Population Rate Up Sharply.46 So you see. June 12. Tulsa World. agitate to change it? why don't you and your supporters to be. even today. 63. the Bicentennial mind that all of us have just been through We've that been cannot Yet we the songs of praise raised to that basic document. 1 (powerful merchantsand aristocratswanted new Constitution and strong federal governmentable to put down rebellions and assure stability).44 If you believe that adverse to your people. The Idea of a Constitution in the Chicano Tradition. which was later cured). 150. Black. Feb. ? A. as you know. 58. nal Gilder reaches for the discharge papers and pauses. Gilder. March 19.. of constitutional on behalf shal arguments to get white people to And even if you can't rely on persuasion growing. 47. See Lopez.S. Letters: Historical Charter. 1987. see also Growth of a Nation.47 with an unjust system its origins. See. at 5. at 3.) Geneva. present at these Bicentennial tinctly muted. An Economic Interpretation of the Constitution of the United States 31-49.

1 (1987) (same). Marshall.g. See D. See pp. 49.57 brought little change. 1268 (1863). 1343 (1987) (replying to Justice Marshall).50 Whites as constitutional of slavery. at 30. supra. Gilder.58 The conventioneers realized that sacrificthe slaves was essential to the economy of the southern states.Charles Beard's thesis that the drafting of the Constitutionwas motivatedby the economicself-interestof the Framers has been the focus of much controversy. Of course. 404 (1857) ("We think they are not. Levy ed. supra note 38..it is not necessaryto take sides on the issue of whether economic self-interest was the main force at work at the Convention.60 U. But see Reynolds.56 Yet the Emancipation ported to give slaves their freedom. at 23. in Essays on the Making of the Constitution 88 (L.1988] Racial Reform 935 Dr. C. Dred Scott v. people also were not represented at the Constitutional Convention. D. 56. be based harm to Not just that."). 57. The Beard Thesis Defended.g. See pp. (19 How. There is little dispute that Beard made an original and importantcontributionto understandingthe forces behind the drafting of the Constitution. 17. supra note 38. at 11. 12 Stat. . 53.) 393.54 Seventy years later. 55. Bell. I'm eager to hear what you have to say. Rev. Main. without ing which there would be no strong union. 56 Geo. Davis. see also supra note 49. ProclamationNo. again fought bravely. 26-42. 54. blacks During which purProclamation. voices were ignored. Another View:Our Magnificent Constitution. 50. Sandford. . supra note 44. Marshall.51 Women. Would you like to hear it. . make Dr.See. C. The sole invitees were propertied white males. at 3.49 though blacks fought courageously rationalized our exclusion. 51. Bell. We owned few but their ethnic minorities). See pp. Foster. 52. Wash. 124 (1987) (Beard's approach offered richer vision of Constitution). The Negro People in American History 63 (1954). at 24 (discussing Conventionparticipants). protection property?"chattels personal" subject to own? Gilder. One could a three-part based on exclusion. See D. at 144 (defending Beard)." The Civil War wrenched apart those whose interests had coalesced to form the Constitution. and were not intended to be included . as well on the ground that we were in the war against Britain. . the war. Doctor? as a politically aware person and as your doctor. 1969) (criticizing Beard). Wiecek. 101 Harv. . supra note 48. So your case for changing the Constitution would on its ignoble and inability over the years to prevent origins blacks and other minorities of color? Geneva. supra note 38. e. Beard.See. 32-42. Exclusion is perhaps the easiest of the three arguments to make. in the Dred Scott decision. supra note 44.. at 24. Hispanics. 63 (1977). D. Komesar. The Sources of Antislavery Constitutionalism in America 1760-1848.52 A few Abolitionists raised the question of slavery. IVe given this a good deal of thought. e.Beard is used here only as a source of informationregardingwho was present at the Convention. No black participated in the drafting of our country's even Constitution.Paths of Influ? ence?Beard Revisited.S. Geneva. in Essays on the Making of the Constitution. harm. Brown. L. at 31-32. Bell. Rev. The Beard Thesis Attacked. supra note 44. C. at 57. Reflections on the Bicentennial ofthe United States Constitution. 29-32. Beard. Rev. many of whom were there to protect their own interests. Beard. L. 40 Vand. argument. W. L. and working-class ership. See W.55 the Supreme Court held that blacks were not included in the phrase "We the People. Struggle for Freedom 66-68 (1972). . and legitimation. 124. Both Native Americans.

S. It took over 130 years to win this and even 58. .. 407 U. supra note 53. in suit against private school). Cannon. See.S. See C. Unequal Partners: We Still Haven't Decided WhetherAll Women Are Created Equal Too. at 9-10. but were barred cational opportunities. 426 U. recall that the Constitution did not provide the vote today levels. Davidson v. 457 U. Bell. of Educ.S.S. Taub & Schneider. Washington v. Sept. 163 (1973) (state action lacking in suit against private club despite regulation by state liquor control board). Jackson Bd. clause blacks allowed but applied it much less corporations "persons. See D. See. supra note 38. 67.68 women's and organizations. June 28. Nation. e. Daniels v.S.g. 119. Const. 62. 474 U. Board of the the states Court held that the equal Supreme protection so long as those provided to segregate facilities. at 35. Irvis. 65. and rates of political wages. at 45 (powerful men's clubs continue to exclude women)."60 the interval between to us. e. 118 U. Santa Clara County v. Wash.69 Women are excluded and from armed combat duty. 63. See Taub & Schneider. 267 (1986) (preferentialtreatmentbased on race in connectionwith layoffs violates Fourteenth Amendment). 37. Bell. U.59 broadly and Ferguson*2 three generations.g. See.65 tight chains of causation. Foster. edu? of jobs.See generally Burns.2d 85 (2d Cir. Post. Moose Lodge No. 60. supra note 38. Wygant v.S. 70.. 163 U. the only original likewise excluded from national life from the beginning. amend.. 483 (1954). 537 (1896).Zahorik v.72 Native Americans. were comparable artificial and highly rules requiring state an intent requirement. from voting. XIX (ratified 1920). 474 U. 35.g. in The Politics of Law. The Activ? ism Is Not Affirmative.supra note 69. W. Education** a space of more than and Brown v. Cornell Univ. R. and all but the lowliest military The Supreme and Court construed the Fourteenth Amendment imaginatively forcefully to declare but afforded toward gave us citizen? or political rights. at 119. Id. 69. 61. Kohn. 71.61 During creatively Plessy v. 394 (1886). 476 U. A medievally de? and status berights for women. Davis. The modern Court has im? technical constraints on racial remedies under posed the Constitution. See Bird.64 including what types of and measures action. 68. lest you think other minority groups have fared any better. service.936 The Yale Law Journal [Vol. supra note 38. See D. Williams.70 They're afforded second-class status in benefit programs. 327 (1986) (Fourteenth Amendment due process clause not implicatedby negligenceof state official). 1984. 97: 923 homes or farm animals and little little land. 107 v. 344 (1986) (negli? gent denial of civil rights by governmentagent not redressable). Woman's Place: Options and Limits in Professional Careers passim (1970). 1987 (Magazine). Rendell-Bakerv. Epstein.S.66 limiting relief may be granted. at 117. Perspectives on Women'sSubordination and the Role of Law. rived ideology that "savages" could be denied equal were Americans. Southern Pac. 29.S.R. 347 U. 729 F.. at 285. occupational representation from the draft lag far behind those of white males. at 119-20.71 Our society still tolerates all-male clubs government right. 66. 1984) (good-faith standard upheld for faculty hiring decisions).S.. 72. 830 (1982) (state action lacking despite heavy state funding.S. at 264 (summarizingcases).. jury duty. e.58 Reconstruction economic ship rights progress We were subject to taxation. to those for whites.g. 59. e. 64.67 And Doctor. 229 (1976) (Fifth Amendment equal protection clause requires showing of discriminatorypurpose). See.

B. Williams. Forgotten Founders (1982) (discussing Iroquois political system and its influence on early American political thought).74 Before Columbus ever "discovered" America. taught Gilder." White. supra note 74. at 27-28. at 11. The Value of Narrativity in the Representation of Reality. at 102. exclusion. freely the influence of these ideas on their political acknowledged thought. 82. History So it is.79 and that homes should be safe from unreasonable The Iroquois intrusions. at 1A. 23 (W. . 78. 114. fullness. 2 (summarizingJohansen's research). in On Narrative 1.75 The docu? many ideas similar to key concepts that government and balances in the United should exist States be by the con? against cen- the notions Constitution. See F. 24. Cohen. at 29. 76. Johansen. we tell a different We emphasize certain facts. B. 80. at any 73. people while the rest of us see increasing inclusion. Hayden White reminds us that any narrativecan represent history only with significant dis? tortion. It's interpretation. other facts. 74. at 321. Dr. at 102. They include this fact and that.78 government that bad leaders should be impeachable and removable. 256. the Five Nations based ment contained of the Iroquois had formed a constitutional confederation on an oral document called The Great Law of Peace. some of the ideas for our form of government neglect came from the Iroquois. supra note 74. Id. had contact with the Iroquois and other Native American peoples. supra note 76.1988] Racial Reform 937 came an integral the Constitution books praising part of the fabric of our law. have meaning for us. See B. Doctor. col. are left out. a right not granted by the white man until 1920.integrity. and closure of an image of life that is and can be only imaginary. Rev. Id. See F. 1981). In the process. supra note 74. L.78 Although and tracing the origins of its miraculous ideas generally to mention this fact. When we tell our history. 79. Americanizing the WhiteMan. equally important to some. Minneapolis Star & Tribune. Your official storytellers do the same thing. because history read read emphasize Geneva. 322 (1962). including sent of the governed.81 Benjamin Franklin and Thomas both of whom Jefferson. Johansen. 144. 83. Johansen. at times that our system. Johansen. B. supra note 76.88 the story you have just told. June 1. has excluded the groups you makes mention. Geneva. in The Legal Conscience 315. 1987. 77. certain events that story. at 14. Mitchell ed. The Algebra of Federal Indian Law.82 Dr. No reasonable person could disagree rate. Of course has treated my people differently from yours. 1986 Wis. Geneva.77 should is the least government. see also Black. Id. Cohen. supra note 74. See Black.80 government system also allowed women to vote. Framers Took Some Cues from Iroquois System. Id. 219. 133. F. And is storytelling. You it. a powerful legal case for exclusion. 81. Gilder. I emphasize different things. at 317.76 that checks tralized that the best authority. passim.as he puts it: u[The] value attached to narrativityin the representationof real events arises out of a desire to have real events display the coherence. Cohen. 75. it and You most certainly from the way I was history differently But that's your right.

parks. streetcars. Slavery was was accompanied by the widespread were made to work abused. segregation in income Blacks between are as whites.. and Name-Calling. long hours at backbreaking The Constitution tolerated ostensibly changed all that.Blackwood. Davis. elevators.L. "harmless Geneva. See Martin. The line between exclusion and harm is indistinct. Minorities In Law: OpportunityScant. 71 A.89 has gone hand-in-hand with economic subordination. at 166-67.85 Slaves work. Segal. It tolerates harms in many ways. See D. e. Geneva is not arguing that the Constitution affirmativelyharms excluded groups. libraries. in effect in laws remained Miscegenation states until 1967. 87.A. but that it does not provideadequate protectionagainst harm. See supra notes 64-67 and accompanyingtext.91 84. Rev. 708 P. in business. Virginia. 133 (1982) (noting law's failure to provide remedy for one-on-one racial slurs). 89. is four years disparity before.Some sorts of racial exclusion may be harmful in themselves. 75-94. 86. of Educ. underrepresented The life expectancy for blacks blacks and I mentioned professional. e. 71 Cornell L. to protect outgroups from systematic evil.Race as a Factor in Custodyand Adoption Disputes: Palmore v.86 drinking Brown v. Times. Very well. 111-244 (1983).g. L. Gilder. infra notes 112-115 and accompanyingtext (Constitution's publicprivate distinction permits and invites sexist behavior in private arena.88 and even today one hears of interracial couples child custody or refused marriage ceremonies by church leaders. 1987. 85.g. 88. be interesting to see if your toleration for nontraditional tends to this second story. Brown v. at 44. 148.Y.R. while forbiddingit in public). It's not harmless error.2d 972 (1985) (denying relief in suit brought for refusal to performinter-racialmarriages). Pollak discussing law's role in perpetuatinginequality). it exclusion. For the Black Professional. N. July 14. hasn't the exclusion largely as you lawyers error?" not. 90. Jim Crow laws were passed to maintain its substance. Words That Wound: A Tort Actionfor Racial Insults.B. Barclay. Williams. Doctor. 1987. 483 (1954) (forced separationof black and white schoolchildreninherently damaging). See G. 17 Harv.-C.84 It inability. 209 (1985).90 and policymaking positions. see also Delgado. 97: 923 as it was. 238 Kan. 1 (1967). because this one continues present and implicates people of your race now alive. Kansas v. D. The Aftermath of Slavery 276-77 (1979). windows. 91. rooms. hospitals.. Rev. See Loving v. brings me of the argument?to second story. passim. Epithets.S. Geneva. 32 (1985). more death than mere history ex? well into the will Try me and see.6. Board of Education Although impact several denied Social The schools. the of Jim Crow lingers. Times. Segrega? tion was enforced with respect to railroad cars.938 The Yale Law Journal [Vol. See supra note 34. Panel Told.87 staircases. persists. is it failed to protect to the second This from serious groups injustice. Bd. this Female slaves were for sexually despicable system more than a century. Even after slavery was formally declared illegal. supra note 53. Silas. Litwack. W. col. if you will: the Constitution's prong my over the years. the ObstaclesRemain. say. if not its form. supra note 38.Y. col. Bell. supra note 50. 1 (no Fortune 500 company headed by a . Blacks and ConstitutionAre the Focus of a Panel. E.g. J. Sidoti. 388 U. Dr. See. cemeteries. 347 U. N. political and suffering of slaves. L..S. 1 (reporting on address given by federal Judge Louis H. Blacks in the Law 1-17. The Constitution excluded But shameful ended? has And if so. May 31. theaters. at A-16.See. C. Foster. at 17 n. waiting and even fountains.

at 68 (reporting on racist graffiti and radio messages at major campuses). 253 (1981). at 7. Nat. col. Nat'l L. however. U.98 Circumstances women.100 Native and Americans economic political today are rights to the pleasure are relosubordinate of the powerful They majority.numberof blacks in federal governmentholdingjobs at policymakinglevel has droppedfrom 44 in 1980 to 20 in 1987). col.95 A larger number of are executed. Kitano. Dec. see also McCleskey v. at 7.. Race Relations 150 (1974)..fob Botched From Start: Indian Relocation Efforts Continue to Fail. Simpson. 1987.See Here's Chronology of Government Shame. Barash & J. The Road ix (1980). 8. Cadwalader & V. at 72 table 112.S. 3 (describingrelocation of Navajo-Hopis from lands they have occupied for over 1.70 (1984).92 The rate of maternal Our prison death among blacks is as high as among and brown.101 cated and their lands and mineral whenever the domi? wealth plundered colonized people whose nant society finds it convenient. Foster. H. A. supra note 53.99 The it suited great despite it they lost their lands. Henderson.resulting in lost homes.1988] Racial Reform 939 shorter three black than times for whites. Wall St. .98 to increasing racial campuses. supra note 97 (black dean at Harvard University attributed upsurge in racial slurs and acts to change in national mood which made such acts "once again . Apr. supra note 28. Davis (Cal. Lack of Progress Vexes Black Faculty. July 13. About one-fourth of all Native American women of childbearingyears has been sterilized without consent. depression. 1. in Rethinking Indian Law 15. 19 (1982). col. at 52. tion's often treaties remain Native vaunted their a Americans protections. Nonwhites more than of their whites ethnic are not to serve nonwhites subject sity are largely populations receive longer sentences. See R. See Census. 1 (Framers claimed large sections of land occupied by Native Americans).96 Black both slurs for students subtle are other harm harassment. 1756. 79 J. See W. at 4. Time. their dignity. 93. 100. 98. See Bullock & Houston.) Enterprise.. 601 (1987). supra note 73. 1. Franklin. and jokes much have U. col. 95. 1759 (1987) (statisticalstudies show large disparity in impositionof death sentence dependingon race of defendant and victim. Sourcebook of Criminal Jus? tice Statistics 692 table 6. The New Racists. 1980.June 5. col. 97. and Indian government unilaterally abrogated to do so. at 1. . Bureau of Justice Statistics.June 5. Davis (Cal. Perceptions of Racism by Black Medical Students Attending White Medical Schools. Racism Flares on Campus. 101. 92. Oct. at 104 table C-5 (1986).S. 1984). col.97 respectable. The Trail of Tears Continues: Dispossession and Genocide of the Native American Indian. 3. Dep't of Justice. Med. See Indian Law ResourcesCenter. Wil? liams. 96. Chicago Trib. 99. Deloria eds. Federal Bureau of Prisons. see also Black. at 68 table 106..94 and are required sentenced time than whites. Under better suffered are and professors and overt. such disparity does not state constitutionallyredressableclaim). Dep't of Justice.J. Ct. United States Denial of Indian PropertyRights: A Study in Lawless Power and Racial Discrimination. 1. at 14. on univer? once again becoming nonwhite and groups the Constitu- whites.and resistance). Statistical Report Fiscal Year 1986. 1984. lives. Hard Timesfor Minority Profs. See Racism Flares on Campus. 1987. 21 Freedomways 247. respectable"). U. Kemp. Black College Students Are Viewedas Victimsof a Subtle Racism. Dec. See Bender. 107 S.) Enterprise. Ms. at 28. at 1. including forced relocation and predatoryland use for the benefit of white-dominated corporations. The Aggressions of Civilization: Federal Indian Policy Since the 1880s (S. J. Id. 1 (describingfederal government'sforced relo? cation of Native Americans. 10. 102. 1987. Present-day mistreatmentof Indi? ans living on reservationstakes many forms.000 years). at 256-58. 94. Kaplan. see also White. supra note 74. 1987. Id.S. ? 1.102 whenever its interests black. 1987.New Mexico Uranium .

at 14 (describing instances of racist violence . citizens. 105. and drag? looks Mexican. Lopez-Mendoza. 1978.See Williams. 103. opportunities represen? The Constitution and the courts have done little tation were thwarted. First-generationJapanese immigrants were not allowed to become U. See generally A. Rev." were required to pay exceptionallyhigh prices for fishing licenses in California. at 246. L."104 to interfere net searches. Fail 1986. at 17. Pride & Prejudice. United States v. col..S. The Supreme Court has held that the exclusionaryrule does not apply to deportationproceedings. col. 335. the Bracero program was enacted to allow importationof Mexican workers for specific purposes and their deportationonce their services were no longer needed. 50-100. vote.106 Constitution was Boom Is Exploding at the Heart of Laguna Pueblo. 644-301. I have twice been stopped by police while jogging in conventionalrunning clothes. and Mexico to a stop. Pub. and cancer). No minority has been deported in larger numbers. 1 (reportingEPA finding of uranium contaminationof drinking water and ponds in village area and complaintsof lung diseases. the police explained that they had heard a reportof a Mexican "running between the houses with something in his hand. 468 U. 15. 1. A.S.authorities may base decisions to stop and inspect cars without a warrant solely on the Mexican appearanceof the occupants. Small Steps on the Long Road to Self-Sufficiency Indian for Nations. Corral & Roman. Immigrationlaws and prac? tices have been used to burden Mexicans in many ways. Reservations are also hampered by their remoteness and lack of infrastructure. For example. which included two radioed warrant checks. See Rodriguez. Nov. At fixed checkpoints. Image. see also Moore. A tenured professor of law at the University of California. Widespread Contamination Found. finally. at 215-18.Tribes have difficulty obtaining developmentcapital and commercialcredit to finance investmentinitiatives. 106.S. 22 Harv.S. rights were denied. Mexican community. Justice at War 348 (1983). They were barred from employing "white girls. 2 (1985). 874. entered into by the United States and Mexico on February 2. Kitano. 356 (1985). For example. at 39. 341-52. How effective been in protecting them? The Treaty of Guadalupe Hidalgo. was enacted largely to exclude Mexican immigrants. Earth Island J. at 3.those who could not pass the reading test were prevented from immigrating legally. as well as protection of their culture and lan? citizenship Mexicans Constitution the U. supra. pressed.108 The treaty. H. Gringo Justice 1-26.S. June 1. Brignoni-Ponce. in 1954 alone "Operation Wetback" expelled over one million Mexicans. Corral & Roman. side of the border full and civil rights.940 The Yale Law Journal [Vol. See Rodriguez. language and culture sup? for employment. And.S. coughing. and political education. Id. with racist what seizures immigration quotas. at 71-72. 543 (1976). Chicano Manifesto 71 (1971). supra note 101. Lack of a skilled labor force and experiencedmanagerial and technical person? nel further inhibits growth and preventsthe formulationof effective developmentstrategiesfor Native American communities.S. Since 1945. Later. Mirande. 216-36 (1987) (describingexcessive violence used by police against Mexicans). at 9. Border patrol agents need not have reasonable suspicion to stop persons to check for illegal aliens.see also Rosenthal.422 U. 1032 (1984).Dark Days at Black Mesa. 1 (describingcultural and environmentaldamage to Laguna Pueblo from uranium mines). Martinez-Fuerte. the Literacy Law of 1917. 428 U. 1978. 1848. purto Mexicans ported to guarantee caught on the U. on the ground that there had been reports of auto theft in the area.INS v. Irons. was given similar treatment: u[l]and and property were stolen." (I was carrying home legal papers. See H. the police justified a 20-minute stop. The Struggle Against the Immigration Control Act. 104. 873 (1975) (roving border patrols need only "particularized suspicion" to stop car believed to contain illegal aliens). 97: 923 has your and Asians have fared little better. Navajo Times. and were subjectto laws against marrying whites. the Bracero and deportations of anyone who about Asians?106 Your wonderful system. including some American citizens?a figure then representingabout one-fourth of the U. J.S. Congress has brought rela? tively unrestrictedimmigrationbetween the U. Rendon. 1987. 39 Stat. 10-11 (describingcultural upheaval in wake of massive relocationspurred by federal government'sdesire to gain access to coal and uranium).) In the other. modeled after ones drawn up between The Mexicans' various Indian tribes. or freely own land until 1954. In one case. 100-46. June 1. United States v. 8 Chicano L. on Legis. and guage. supra note 101. Kitano. Navajo Times. See P. No.

were little Doctor. pornography harassment distribution of benefits such as social security and laws.111 Have you heard enough. 117. See Taub & Schneider. Female Professors Still Earn Less than Men.Id. 214 (1944). 107. supra note 106.114 The priwelfare. P. too? Dr. and by maininsulted. B7. Moreover. 112. Kitano. See Harris. 109.in which blacks eat some rare mushroomsand turn into Mexicans. paid only $37 million on claims totalling four times this amount. against Asians).1988] Racial Reform 941 interpreted Japanese Japanese behind barbed their removal nese farms. at 217. profits. L. See Korematsuv. Taub & Schneider. the Act was limited to property losses and did not redress lost wages. the law gives men license to dominate and exploit women with? of legal intervention. 111. See Olsen.112 legal system today political sexual statutes. 114. Attempts to compensatethe Japanese for their losses have been woefully inadequate. supra note 101. to executive or to tenured jobs in the nation's colleges and universities. Gilder considers asking Geneva whether blacks' plight is not largely a matter of economic status and the breakup of the black family rather than of race and white racism. at 122. citizens' Their of to permit the involuntary internment of peaceful Americans descent during World War II.113 of problems such as domestic violence. Id. convert to . 110. No. P. 1987. Even the Best Educators Get the Worst Treatment. 116. L.S. supra note 69. The Japanese American Evacuation Claims Act of 1948. San Francisco Chron. Gilder remains silent for a long time. Rev. See Olsen. against us. Gilder. Dec. Irons. sexism suffuses rape laws. 108. Statutory Rape: A Feminist Critique of Rights Analysis.)111 out fear lives.107 More than 120. 63 Tex. and treatment a private sphere distinction bolsters patriarchy vate/public by constructing in which women are subordinated. 1. col. 80-886. 122. supra note 106. contradicthis liberal viewpoint. 387. 323 U. See supra notes 68-72 and accompanyingtext. at 365. 402 (1984). and assaulted. however. Gilder decides against raising these rationales for blacks' condition. even ased Women have for more The a century representation.115 And in their professional are promoted to partnerships in law firms. you the or do you want realize ballot how women. H. at 348. 115. 10. which justify continued oppression by pointing to victims' debased condition. Irons. supra note 69. 113. United States. 1231. I'll recount the Chronicle of the Magic Mushrooms. and personal and familial relationships. at 398. 62 Stat.110 have been lost homes.000 persons of ancestry were removed from their West Coast homes and placed wire. If he does.. at 118. a "hands off attitude toward activities that take place there.109 liberals who believed estimated that internment Many advocating was in the Japa? and dol? interest.116 women (Dr.108 were best losses Most were The American evacuees citizens. Pub. are and is bi? I hope denied powerful than you making. possessions at over four hundred million to hear about a case lars in property alone. human dignity. blaming blacks' inferior status on our refusal to work or on the black family. recognizing that he would fur? ther antagonize Geneva and that such arguments. supra note 113. Here Dr. Geneva thinks: I bet he is going to bring out the neoconservativeartillery now. Geneva. few positions. Go on. In taining this way.

124 The Constitution as incapable of functioning also legitimizes the status Catholicism. 119. 121. adopts what Alan Freeman rather than the victim's perspective. at 304. such as freedom to wor? and by Fourteenth Amendment ship. But it does protect privilege. 124. supra note 38.it has affirmed that black Ameri? cans can be withoutjobs. see also supra notes 64-67 and accompanyingtext."118 The Constitution holds out the appearance of formal fair? ness.120 He notes that civil rights law is "indifferent to the condition of the victim. Legitimizing Discrimination. Id. guar? antees of due process and equal protection. Freeman. sophisticated person. . . at 1054-55. the law government agencies. at 1054. Civil rights law. without any violation of discriminationlaw. 120. the actual conditions pov? and erty. and petition. See Freeman. ostensibly at protecting calls the "perpetrator" us. assemble. fair society. Id. our rights. sure you'll grasp this point quickly. supra note 38. The defenders hold out the "great" document as a consolation: Life system's so I'm but at least we can claim that "we've got may be unfair and miserable. have no opportunities for decent housing . but certain freedoms they do not. it's one's own fault?look how fair and neutral our system is. Gilder has tactfully decided not to raise these issues. tions?rather meritocratic promising are unemployment than as redressable considered discrimination.123 Because of the myth that prosecution of racial powerlessness. poorly funded schools. so Geneva continues as follows. speak. and causation which make requirements. you've made a strong case for harm. The other protect tributive failure to songs of praise deafen us to the Constitution's that really matter: economic and rights to dis? rights rights justice. supra note 38. and develop strong family ties.942 The Yale Law Journal [Vol. motive. at 1050 ("[A]s surely as the law has outlawed racial discrimination."121 Antidiscrimination acts by vicious-willed perpetrators. exclusion. yet remain poor and stigmatized. Id. at 1103. 97: 923 Dr. ."). as well as But what's the third prong of your argument for amending the You're a politically Legitimation. Gilder. Legitimizing Discrimination. is quick to insert fault. and human dignity by blaming the victim society. and universities. such as the rights to housing. successful of claims very difficult. just that?mere Those conditions condi? are in our then rationalized quo by in the Bill of Rights. 118. at 1103. Legitimizing Discrimination. society is color blind. I've demonstrated that your Constitution does not protect outgroups. 123. have their children in all-black.122 When charges of discrimination of isolated Antidiscrimination at corporations. Freeman. supra note 39. at 1052-57. Doctor. Id. its demands if it are satisfied can be said that the 'violation' law sees racism as a series anomalies are leveled in our otherwise has been remedied. Geneva. Equal protection and due process imply that if one is not succeeding.119 aimed law is a case in point. These features are trumpeted to the skies as though they in themselves assure a fair and just society. however. Constitution? Geneva. 122. income. See Delgado.

No. 128. and the Soviet Union go far in this direction. Constitutions of the Coun? tries of the World (1987). one.The Ark of America. things as William the case for scrapping you have it. Flanz. uThe compact which exists between North and South is a covenantwith death and an agreementwith hell.126 So you see. of little interest to those struggling for daily existence. Dr. and start over.127 I hope you're as invigorated Geneva. Flanz. are ready to stand shoulder-to-shoulder with you in to revitalize the Constitution. Demographers say that if present birth rates I don't there think Gilder. See sources cited supra note 45. I are grounds for hope. gerrymandering. scrap then. Carter eds. Yet this discrepancy. Time. with serious.this omission is compensatedfor by progressivelegislation and liberal judicial interpretation?that our legal-constitutionalsystem.poll taxes.Unfortunately. convention. (Instrument of Government) ch. Dr. you keep coming I think you want to turn me into some sort of Pollyanna. Botein & E. 126. Gilder. success. SSSR ch. minorities of color will be a majority of the United States popu? continue." burned a copy of the Constitutionon July 4. at 23. July 6. Bell. I said Well. 2 reprinted in A. Konst. supra note 38. Doctor. the Constitution is consistent protects privilege. in Framingham. art. night. Blaustein & G.outgroups and the poor cannot rely on the good will of the current white majority to redress longstandingsocial inequities. . Swed. Pp. at 126-206 (chronicling use of force. supra (Soviet Constitution). It might be argued that even though the Constitution contains few provisions for positive rights or economicentitlements. whose newspaper. 127. 10. Garrison. Miller. Doctor?the Garrison and writing a new Lloyd suggested. Doctor. Finkelman. The constitutions of Mexico. id. and. the Constitution that benefits ev? pretending eryone equally. recurring and concealing the injus? evil. Blaustein & G. by mystifying tice in our political and legal system.See L. VI reprinted in A.128 And even before that.1988] Racial Reform 943 and respect. Is there not hope? It could be done. lation sometime next century. have followed Mexico's example and guaranteedeconomicrights). Beeman. You insist on looking at in the bleakest possible light. know how you can say that. 35 (many twentiethcentury constitutions. think? Geneva. white primaries. don't Dr. supra. makes these injustices even more difficult to correct. 1854. 1987). providesadequately for the poor and unfortunate. The Liberator. worship. Doctor. Const. by all this as I am. taken as a whole. Look how close Amendment the 125. Sweden. and other fraudulentor thinly disguised schemes to deter or dilute black vote). not revitalize. reprinted in A. But even if change can't come overtime is on your side. See Mex. had as its motto. Const. Flanz. in Beyond Confederation 188 (R.but not ours. See D. scrap. There Constitution. Gilder. Slavery and the Constitutional Convention: Making a Covenant with Death. at 41 (discussing interest-convergence theory that whites will act in the interest of black justice only when doing so benefits whites). S. Blaustein & G. don't you back to the idea of hope. forming a coalition of minorities and even a fraction of white women would yield voting strength Equal sufficient Rights to force a constitutional came to passage. and people your effort Geneva. like me. 1987. I. intimidation. trickery.126 privacy?are we ignore The rights the Constitution does protect?speech. progress. 51-74 (Geneva narrates Chronicle exploring how our system of civil rights law benefits whites more than blacks). The Petitioners 29 (1966).Massachusetts. ostracism.

mindful of the exclusion. . But constitutional did you Geneva. Taking Needs Seriously: Observations on the Necessityfor Constitutional Change. such as the right to meaningful employment. A noble platform. See supra note 42 (listing provisionsof U. Dr. See supra note 125 (citing examples of nations whose constitutionscontain these or similar guarantees). cf. But you said earlier." 132. and institutions punish eschew cal rank high on my list. in The Politics of Law. A recent book sounds the cry: The middle class have too few children. They'll use propaganda and ad? to inflame vertising could be taken over blacks' concerns about and by the Right. would the male paradigm representation. housing opportunities and marriage. Don't you agree? Geneva. 130. 97: 923 Geneva. tion have failed. & Lee L. and desiring to correct and make amends for these injustices. Doctor. and politics. 1243-46. do hereby enact .see Olsen. The document producedby such a conventioncould begin: "We the people. racism. Gilder. On the positive side. Miller. the sooner the better. supra note 38. The Birth Dearth (1987) (warning that Western values are in jeopardy unless middle-classfamilies increase rate of child-bearing.S. Yet it may revive. Dr. supra note 69. It could declare in? opportunities terference with any of these rights to be a serious offense.our superior values and life styles will be swamped by sea of lower-class and Third-World newcomers). 41 Wash. Gilder. and legitimation of harm to women. the lower class. See B. if you could get them enacted. 131. that certain What changes might help. I can make a number of suggestions. decent but many will.129 galling and offensive. too many. and Native Americans perpetrated in the name of our founding document. one no one could oppose the general plan. Constitution that directly or indirectly accommodated slavery). at 294. as surely as I speak. They should go. people of color.944 The Yale Law Journal [Vol.132 It could for mandate politi? interracial racism. . 1291 (1984) (proposing that Constitution be amended or interpretedto provide for human needs).180 Redress for past as a cabinet-level to confine and position could also be on the agenda. They'll attempt to prevent the population boom of black and Third-World children that threatens try a numerical by next of brown-faced citizens in this coun? preponderance use sterilization and incentives to limit century. some might quarrel Although with this detail No or that. 133. Geneva. . Polan.181 A new Constitution would such of law schools. Wattenberg. On the need to dismantle this paradigm. . For. Geneva. and employment for all. should. harm. failed. They're been repealed. 300. Rev. supra note 113. They'll blacks to preach to their brothers and sisters about the virtues upper-class of the current system and the dangers of rocking the boat. Toward a Theory ofLaw and Patriarchy. Doctor. Economic rights. the Framers provisions be on the agenda of a conven? We should begin by in the origi? included proposed It's easy to visualize and dominated the pro-slavery eliminating nal slavery but have never compromises.1SS They'll a runaway convention enlist the aid of middlethat 129. in mind? what would by ethnic minorities. none of these reforms will come to pass. Those who control things will employ every available technique to prevent such change from coming about?the stakes are simply too great. Taub & Schneider.

July 15 & 22. supra note 38. I'm torn. Alienation You should work accept will lead nowhere. and for what? Geneva. conAnd we can't even say so.' For a descriptionof the views of Jensen and Shockley. despite such efforts. sions any efficacy. hope Geneva. 1985. down to it. minority true political the dominant reform seems possible. I have the unique advantage of having really been Well. improved. Bradley. You concede its existence as a permanent of our political not how reform comes about. 135. or almost anyorte's. Ballot Bollix. 136. see also Bode.1988] Racial Reform 945 black births: about black Consider Arthur growth. And now that I have figured everything out. 132-39 (1983). much better.186 Dr. See D. Burkenroad. And None. is calculated to get approach a creative requires tension?requires holding up to those in power the gulf between the world as it is and the world as it should be. You believe that the gulf will never close. for incremental so you reject your own reform? or sweeping who argument? You say there's no and William Jensen's and the need to limit black Shockley's preachings Those system insult to you. No Not only that. 134. New Republic. Progress feature is dialectical. obviously yet you don't You lack hope. Rev. Bell. See pp. legal. group will once again means that have and illegal the violent. your reality. hard time stopping from using the usual tricks. supra notes 60-67 and accompanyingtext. Almost any alternative would be better. I demand matter Dr. D. 51-74. stricted lives. at 30-44 (describinggutting of Civil War amend? ments). You short-change society by taking that position. such the dominant group to deny the revi? as those employed to gut the Fourteenth Amendment. Can Science Be Inopportune?: Constitu? tional Validity of Governmental Restrictions on Race-IQ Research. Smith. at 126-206. Chavez. 31 UCLA L. but when it comes right we thought would stand with us ended up slipping So I think we're going and accommodation. Reeves. We lead narrow.134 population inferiority to the point where numbers increase If. 128. We must go on pretending we are all "equals" in this great democracy. nowhere. That's landscape. . Doering. but too complacent and to others like you. on penalty of being labelled crazy. supra note 38. despair of the sort you within the liberal tradition. & Windhausen. it has much to offer your people. Vote Fraud in Ala? bama. it requires tension. many who are too entrenched. Furthermore.185 been used to curb black political power for a century we'll have a very even if we succeed in forcing some revisions. and a quarter. Finally. employ sleazy. Doctor. Gilder. Geneva. as I as a from this institution to be discharged said. Gilder. Lardiere. even if it's true. coercive. see Delgado. I don't buy that. Progress your people absolutely You're my. at 21 (white Southernersbrought voting fraud charges when blacks gained political power). Bell. opting for compromise nowhere at all. share of right. of our political-legal oppose transformation as well. I feel. and bringing out the best it has to offer?and You are too ready to jettison it. away.

until your mood lifts. It's possible that I may reconsider. Here Geneva quotes Martin Luther King Jr. Again. I do recognize And the force of your arguments. Geneva describeshow pressing questions about America's treatmentof racial minorities led her. Similarly. He is fully in the world on its terms and wholly beyond the world in his trust in the invisible dimension. I disturb you. Doctor. 3. There It's true that My are elements Fve avoided the Being out of circulation. there has been a strain of optimism rooted in black Americans'religious belief. . let me think about it for a short time. See supra note 26 and accompanying text (noting incarceratory power of psychiatric professionals). P." P. Geneva reflects her struggle?under some degree of coercion. Gilder.'s speech at the 1963 march on Washington. 219 (J. Finally. Doctor. 216. in Ernest Becker's concise description: lives in faith. Fm like a mirror. Geneva. is a Kierkegaardian"knight of faith. Dr. she tells the Black Bicentennial Convention(to which Bell's narrator had brought her) of her hopes that "we can together discover the true road to our salvation. otherworldly. It is worth noting some of the places in which Bell and his charactersreflect this theme throughout the book. but not for the rea? you defor you is purely You're concern professional. . to abandon [her] civil rights law practice and seek refuge in religion. ideological pressures that almost things as they are. Becker. Doctor. which is taken fromJeremiah 8:20. E. Her statementis followed by the singing of the spirituals "The Lord Will Make a Way Somehow"and "There is a Balm in Gilead. of color. Fm genuinely about what might concerned happen if I let you out. Jr. Geneva. Throughout their history. see supra note 26 and accompanyingtext?to reach opti? mism through faith. And I cannot change your mind. not healthy." P. maybe I could muster the will to believe. Kierkegaard. . 217. lives his life as a duty."138 suffering 137. You think That's society is conspiring against you. radiant. By invo-King. 243. society does to minorities disturb me. and who lives centeredon the energies of his Maker. "in growing despair. 1986).in Fear and Trembling and the Sickness Unto Death 39 (W." a person who. What are readers to make of these many hints that spiritual faith might be a source of Geneva's (Bell's?) optimism? Perhaps Geneva. like King. with King. vii. such optimism is a universal mechanism to cope with adversity. If I am forced137 to hope."P. I see brainwashed some of my colleagues. pressed. The Denial of Death 257-58 (1973) (discussing S." after which the narratordescribesGeneva herself as a "transcendentpresence. King Jr." P. as you perfectly well know. is not nor? you move me more than you realize. Unless for hope. Gilder. I think you should remain you concede grounds at least for a little while. in A Testament of Hope: The Essential Writings of Mar? tin Luther King. M. here. / Have a Dream. and Bell ends the book with a refrain from another spiritual. nonviolent.) (Geneva Geneva. see also p. faces his death without a qualm. I am afraid not. you say. just before the end of the book Geneva offers a ringing quasi-evangelicalmessage of hope. indeed. Doctor? Geneva. p. Dr. 138.. is silent for a long time. That's why Fm forcing you to see what your Dr.M. He accepts whatever happens in this visible dimension without complaint. But your total pessimism mal. 243. Just before reciting the Chronicle of the Black Crime Cure. I want to reflect on what you say. that "unearned is redemptive. Washington ed. Problemata: Pre? liminary Expectoration. .946 The Yale Law Journal [Vol. who has given over the meaning of life to his Creator. Lowrie . 97: 923 crazy for the past twenty years. xi. . I am completely Geneva. 257 (quoted supra note 19). . Bell refers to the civil rights movementas a "spiritual manifestationof the continuing faith of a people who have never truly gained their rights . Bell first raises the spiritual theme in the book'stitle. trying to control your thoughts. and it's not true. sons Gilder. of paranoia in your ideas as well.

Stories. Proba? is stories en toto. being alone. Reality. perhaps. In the right decision. by contrast. 44 (quotingJames 2:17). She herself is quick to remind the narratorat one point that "[f]aith is not foolish" ness. set us on a more poverishment ing with our most intractable problem. a story?or. If we are to take Geneva as beknighted in faith. quasirigorous. more accurately. We Are place. readers must also keep in mind that she is not benightedin " fancy. conclusion.1988] Racial Reform 947 I don't do need behalf But I dialectic not for a minute. buy your Hegelian to get out of here. by which we organize case analysis to be objective. above is. I have a feeling we'll and leave. demands their subordination and goes along with Gilder's only because to an she must. I'll hold onto these discharge papers. leaving the reader They proceed to a pre-determined Geneva to reach a different one. We construct it through The sad fact of race is that too conversations.' P. 1954)). few of these conversations Books like And ever take diminished. Geneva. between Geneva exchange and her mentor in Bell's book. impartial. through our lives together. Yet her skepticism have a positive side. I'm sure you'll make Fine. be needing them soon. My people need what feeble efforts on their which frankly I may be able to muster after our long conversation. . are noncoercive. Gilder. a counter-story. Geneva's bly no reader will adopt Gilder's or Geneva's little dark minorities of color will never escape she believes pessimistic. in deal? trans. purport scientific. Dr. and of the gap between our ideals and life as it is experienced by outgroups." since 'Faith. They invite readers to pick and choose elements that ring true and thus construct their own story. or the same one in a different opportunity way. Does the spiritual element justify Geneva's optimism at the end of the book? Readers must decide for themselves whether this spiritual optimism is more than an opiate. (Geneva and the Doctor exchange a quick handshake Conclusion And have The The so it was that a book by the title And We Are Not Saved came to a happy ending.) has left me exhausted. like those between and the psychiatrist. approach. is dead. if it hath not works. is intended to probe the strains and Cases and weaknesses of the accounts experience. Gilder. is not fixed. of course. the meantime. rational. to that extent our lives Not Saved help us avoid this positive course are im- and may. Exposure may unfamiliar as it did to some extent for counter-story may spur recognition. like our hopes for it.

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