Bell and Ideology of Racial Reform | United States Constitution | Fourteenth Amendment To The United States Constitution

The Yale Law Journal Company, Inc.

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
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

The Yale Law Journal Company, Inc. is collaborating with JSTOR to digitize, preserve and extend access to The Yale Law Journal.

http://www.jstor.org

Review

Essay

Derrick Reform: And Bell.*

Bell Will

and We

the Ever

Ideology Be Saved?

of

Racial

We Are Not Saved: Basic Books, Inc,

The Elusive 1987.

Quest for Racial Pp. xii, 288. $19.95

Justice.

By Derrick

Richard

Delgadof

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

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

on welfare agencies centers. In short. she and the narrator analyze recent law reformcases and conclude that civil rights litigation proceeds. the whites. Society finds the ensuing rapid improvementin the fortunes of lowerclass blacks intolerable. After Geneva's completion of the tale. she introducesherself as a black woman from the twenty-firstcentury. and often worse: Society is led to believe that the "race problem"has been solved. Pp. improvement threatened. The narratorand Geneva then discuss how the taint of these compromisesset the nation on its current unfortunatecourse. however. any benefit to blacks is limited step back.at best. Crime. black teachers and administratorsare reassignedor fired. brutal. In the Chronicle ofthe Constitutional Contradiction. 217. P. 7. or easily comprehend. Pp. P.8 Black of the eight the Celestial Reparations Soon and model additional Curia. 12. The Chronicle of the Amber Cloud discusses the limits of the equal protection . An extremely wealthy white benefactorturns over his and his friends' fortunes to poor blacks who wish to improvetheir lot. whites in every area but sports and begin out-achieving which scorn as shallow and unfulfilling. Rather than respond and with warmly congratulations white America competition to the finds loss itself in blacks' status. and the black community'ssoli? darity is impaired. an unreasonable insistence on benefits not deserved by people who have suffered no unfairness. and that further agitation on blacks' part is simply bellyaching. 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. drop rapidly. The Chronicle of the Black Reparations Foundation discusses an imaginary programto improve the circumstancesof the black underclassthrough economic supports and incen? tives. Geneva is transportedback in history to the time of the Constitutional Convention. filled and brutality than most of us can rape. 8. Judicial breakthroughs through narrow interpretation. 9. The black churches are forced to ship. black schools are closed.9 Sacrificed the Amber Foundation. but rejects her request on the ground that the nation's unity depends on preserving a system of black slavery. 102-07. 123-30. with one step forward. Pp. Those who complete the lessons trials their their wear metal bands on their Graduates wrists to remind themselves of the forbears endured. Black schoolchildrenend up worse off than before in newly integratedschools.recalcitrance. mutilation.7 which tices as the preaching burn the scrolls Each tion. Pp. Reliance virtually of the groups transform communities. resenting Working-class of status. 220. entertainment. Blacks end up no better off than before.11 the Schoolchildren. After Geneva recites the Chronicle ofthe Sacrificed Black Schoolchildren. 162-65. Pp. a history "gory. 11.12 6. 26-42. they blacks begin to act exactly as white people have long maintained blacks must act to win full acceptance. Chronicles?the the Constitutional Black Contradic? sudden and centers.1988] Racial Reform 925 slavery and black subordination with more murder.10 the TwentyCloud. The Chronicle ofthe Celestial Curia considersthe potential of litigation to achieve justice for blacks. Geneva becomes a preacher and encour- the nation to form "healing which dediages blacks throughout groups. Entering the great hall in Philadelphia. 51-56. 10. she and the narrator discuss the failure of court-mandatedschool desegregation to improve the lot of blacks.and delay." cate themselves to learning the lessons of the scrolls. ironically termed Racial Tol? are applied to prohibit black healing groups' prac? of racial hatred. carry out violent attacks on black selflaws are passed. improvement eration Laws."6 imagine in America. become Blacks churches vanishes. and the program is stopped. then one occur only when they benefit whites.

poll taxes. natural. innor armed insurrecself-help. and the Constitution is sufficiently flexible to allow who reform labor bloodshed. however. and is therefore restricted to whites.926 The Yale Law Journal [Vol. after which he delivers an impassioned speech decrying blacks' historical exclusion from citizenship rights through the black codes. The racial limitation on the distributionof the treatment is challenged but upheld in court. the boy's character is transformed. In the Chronicle of the Black Crime Cure. The message of the stones soon spreads and many others swallow them. be ruthlessly racism. put down) will undo American the reader is told. messages. a southern senator with a long track record as an opponent of black causes is saved from drowning by a black woman. 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. constitu? sympathizers tional structure to try to make it a source of humanizing reforms.and Geneva doubts its effectiveness. that in the United States racial attitudes to occur without Nonetheless. ten Chronicles the final show tegrated education. separatism. American color this at every turn. Just as blacks have trans? in it a source of strength and continued work within the current It may clause in achievingjustice for blacks. Lower-class whites fear the changes.Yet again the story has an unhappy ending. 16. Pp. and be. One youth tastes a stone and inadvertently swallows it. 97: 923 Seventh Black Year Crime Syndrome? Cure??sounds the Ultimate same this prized society Act. 15. program litigation. Pp. The cure is expensive. The Senator introduces a bill which provides a $100 incentive to citizens who vote. as Bell hopes. even though it would also help black youths become productivemembers of society." an illness whose main symptoms are lack of motivation and propensity to commit crime. legal institutions subscribing oppresses to a nearly and virtue tolerable. 75-88. 198-203. He has an epiphany. the supply of magic stones is mysteriously destroyed. 13. After Geneva relates this Chronicle. finding so should they and their emigration. Soon. both its means and ends are ethical. This will require a many-faceted of education. the system to reform itself. The stone has an immediate effect. White society cannot absorb the large numbers of clean-cut. inevitable. Despite unabashedly these hammerblow The positive. there is hope. The struggle will ennoble all in it. disruption. and violence. 245-48. Geneva describes an imaginary disaster that causes previously well-behaved white youths to suffer "ghetto disease. 248-58.Instead. oppression well at night: This is the perverse probe and test in the Chronicles. Soon crime in the black communityalmost disappears. 14. and community The extra-legal tactics will put pressure on organizing. the narrator and she consider the bill's constitutionalityand potential effectivenessin promotingblacks'interests.He no longer is interestedin dealing drugs or mugging pedestrians. In the Chronicle ofthe Ultimate Voting Rights Act. Pp. peaceable black youths demanding work. where it once again serves its usual function of uniting the white community against blacks. Pp.even if it survived challenge. and guarantees minority voters proportional representation.they can no longer tell themselves that they are better off than the blacks. a gang of young black criminals discoversa bed of brightly colored stones while exploring a cave. Society displays great concern and leading scientists quickly discover a cure. formed the Bible.The status quo returns.The narratorconcludesthat such a bill would be declared unconstitutional. that finds ideology Our oppressors sleep of the mindset Bell's characters pages of the book16 are that neither litigation.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. Inner-city crime increases to its former level. tion (which would struggle. Police and security guards are threatenedwith loss of their jobs. he is seized by a desire to work for good. .

248. 62 Harv. See supra note 15 (describingChronicle of the Black Crime Cure).See."But I believe that authors perform a disservicein purportingto reason neutrally and then coming to predetermined conclusionsin accord with their biases. Rev. as all movementsfor change must gain the support of the dominant group. 18.as of our own hopes. it is metaphorical. finally. vehicle Thus we must does. 1987. 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."). L. Geneva's for an explanation.10 Bell to tell the reader why Geneva. My friend Bill Powers has suggestedto me that dialogues which present opposing viewpoints with? out arriving at conclusionsas to which are correctare "cop-outs. Like all stories. 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. Bell. It attempts to show how consciousnessmay work. Rev.not literal. to this almost transcendentconclusion? 20. And. Pa. see Delgado. Dec. 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.as they invite readers to suspendjudgment. The Case ofthe Speluncean Explorers. 62 (Platonic dialogues and law profes? sors' classroomexercises probe and test belief).and class consciousness. The starknessof this sudden change in Geneva's outlook may be witnessed in the book's final ten pages. but praised it. I adopt this format for several reasons. Harv.1988] Racial Reform 927 Yet elastic things?as the Chronicles repeatedly sug? a way of snapping back. Narrative and metaphorare particularlyuseful in the highly charged area of race. The gap between the bleak picture At painted by the first part of the book and the rosy ending is puzzling. . at 192. 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. e. I believe that stories are useful vehicles for probing mindsets. Implying that objective. Let us be worthy of their courage and endurance. in a fictional travelling What to Geneva to leave her so happened cure laws are elastic. Fuller. the narratorobservesthat "[n]one of her stories had been models of optimism.17 the start of the book's final chapter. My explanation takes the form of a story. Like Bell. listen for.g. but this Chronicle of the Black Crime Cure touched the very nadir of our despair. then. 616 (1949) (mythical case report). See Book Review. and reflect on the point of the story. grapple with and?eventually?overcome. . abandons her skeptical stance and joins Bell in the hazy homilies with which the book ends.." P. "Neutral" approaches often mischaracterizeor dismiss opposing viewpoints (or disregardthem entirely..' those men and women before us who have brought us this far along the way. Blackletter J. P. Although it is as startling as any produced by the before?yet does little slave scroll as or the Bell crime plained. at 60. for Geneva. Let us. optimistic? 17. Just after Geneva recites the Chronicle ofthe Black Crime Cure. which is white. A Short Commentaryon the Chronicles. See B. where the zigs and zags of doctrine are less easily explained by precedentthan by history. 132 U. The Imperial Scholar: Reflections on a Review of Civil Rights Literature. in turn. 19. The Uses of Enchantment (1975). 257. At least one reviewer in the liberal press noted this disjunction. New Yorker. . as many legal writers do. economicconditions. The eleventh Chronicle seeks to answer this question: How does Geneva travel from the Chronicle ofthe Black Crime Cure. Spring 1986. usually spunky and challenging. L. Stories are useful tools for the underdog. 7.correct answers can be given to legal questions also obscuresthe moral and political value choices at the heart of any legal inquiry. 561 (1984).20 search transformation is unexstones.see also Greene.Stories that contain dialogues can probe the tensions and contradictionsamong world views. rejoice in the memory of the 'many thousands gone. or anyone else. our own efforts. This process is essential in our society. . Bettelheim. 193 ("[H]is surprising conclusion is noble and edifying. in nine short pages.

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

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

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

Otherwise. News 218 (1987) (black infants born in U. In fact. 132 Sci. 285. Doctor. "Rotten Social Background":Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation?.S. fustice Brennan. You take a bleak look at things. Sometimes But I must I think know you'd I assume? been in Selma. More to the point. See Kennedy. 30-33 (1985). 45-46 (Geneva cites unemploymentstatistics to Bell).) thank you. that we're progressing when we're not. 30. is the same as it was fifteen years the and ago. 1622 (1986) (criticizing celebratorystyle of legal scholar's writing on Supreme Court race-relationsjurisprudence). 26-28.30 yourselves Gilder. supra note 28. 29. Or did you at all. my voice. I didn't (Her expression softening. Doctor. You're not about infant death And look at the Asians. Dr. Rev. (The In that case. it's your very sincerity that renders you such an effective for your system.L. Williams ed. I do believe that you act toward me in the You're not a conscious racist nor a deliberate of suppressor Indeed.8% higher than those of whites in 1950. Geneva. 31. what good will your spasmodic efforts on our behalf have done? And how could standard of living. so you pick out a few facts that confirm your view that the is racist and will never change. See Denvir. The Ghetto: From Bad to Worse. 1987. more to you white liberals than it does to us. and Free Speech. Doctor. The His? above selective Doctor. Not best of faith. on that great reject your insistence that black people's means progress Geneva. And it also explains apologist your need to convince at any cost. pp. you're on yourself. Your hopelessness is self-fueling. of us can name. fustice Rehnquist. they were 94. L. 33. yourself. mostly?in order to progress reports?for your convince Dr.) On the right side of the picket lines. There are more black mayors than either panics are progressing. Race Relations Law and the Tradition of Celebration: The Case of Professor Schmidt. See Delgado. Time. Geneva. see also Black Infant Mortality Risks Studied. law profes? congressmen. the gap. See Census. at 72 table 112 (black infant mortality rates were 63. 24. 32. Aug. The disparity between whites gap. both in income and wealth.1%higher). when most of us you justify your comfortable to eke out a bare subsistence? So you manipulate statistics and struggle issue selective own ears. and other selfdestructive behavior in the ghettos and barrios of every major city?33 And consider blacks. intend it as a reflection on my sincerity?29 Geneva. by 1982. 3 Law & Inequality 9. twice as likely as white infants to die during their first year). that things are getting better for blacks. sors. 288-89 (1985) (liberals' sincerity key element of their ideology's efficacy). 1982). What reporting yourself. I'll choose to take that as a compliment. 86 Colum. drug use. myth. 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. Gilder. U. there's been enormous country too harsh progress on all fronts.1988] Racial Reform 931 Geneva. Doctor nods. 80 Nw. See The State of Black America 51 (J. at 18. You're too harsh on us. Rev. . There are black judges. Progress.

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

art. Is it the "Fundamental who coined describing. including slave revolts). See D. I.40 illusion by giving the of progress. see also pp. 26-42. driv? or another nail into our coffin. pp. disruption. See D. it never allows great change. thereby preventing Congress from laying capitation tax on slaves). The New Rights Wars. Well. Racism and American Law 30-44 (2d ed. art. including products of slave labor). 9 (apportioningdirect taxes among states. I. Freeman. 52 Notre Dame Law. Racial Remediation:An Historical Perspective on Current Conditions. 43. that term to refer to something similar. Board blacks. 301. at 66 (Justice Department obstructs progress of civil rights suits). integrated test litigation under tempts to reform the system incrementally through the equal protection clause.42 listening. see supra text accompanyingnotes 4-7 and notes 8-15. including slave revolts). ? 8 (empoweringCongress to call up state militias to quell rebellions. Newsweek. ? 2 (blacks counted as three-fifths persons for purposesof apportioningRepresentatives). 483 (1954). and. ? 9 (prohibiting Congress from abolishing international slave trade until 1808).36 Voter registration ceed.41 And interpreta? of Educa? work political affirmative education. For summaries of the Chronicles. V (prohibiting amendmentof slavery guarantees before 1808).39 end up benefiting great successes. ?? 2. 42. 22 Harv. Freeman. art. And when "victories" are undercut tion and as soon as the celebration The dies down stalling.R. 304-05 (1987). ?? 9. art. ? 4 (requiring Congress to protect states against domestic violence. Ten provisionsof the Constitution protectedthe insti? tution of slavery without overtly sullying the document's egalitarian appearance by mentioning the ugly word. You're thinking of our friend. L. Rev. L. see also B. IV. 10 (prohibiting federal government from taxing exports.S. Contradiction?" Geneva. 1049 (1978) [hereinafterFreeman. Dec.38 The legal system is cautious and conserva? are achieved. Gilder. 39. 41. 62 Minn. 51-74 (civil litigation and school desegregationbenefit whites more than blacks). 205. 38.43 We call our version tutional Contradiction." Dr. Race. 75-101. Nor is this result either accidental ing yet a recent creation. 5. Duncan Kennedy. Bell. Kairys ed. they legitimize an unfair and oppressive system. C. name Gilder. whites more than by restrictive like Brown v. Antidis? crimination Law: A Critical Review. . Rev. as fundamentally to prevail? expect I thought careful listening unfair. 6-13 (1976).-C. Pp. See Delgado. I. the Framers white Dr. 1985. art.37 Nor will was your stock in trade. I. tion. in The Politics of Law 96 (D. 40. 28 Buffalo L.art. See Bell. Bell. Doctor. for what traded I was you're enslavement of black Geneva. 1980). Rev. given the justice when you were obviously daydreaming lessons they teach. Wright. supra note 38. Black Robes. The passages that guarantee the institution of slavery are art. IV. 347 U. 30. at 20-29. they tive. The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want?. See Kennedy. ? 2 (requiring states to return runaway slaves). art. But I recounted the Chronicles and the and will not suc? or at? action. 1982).L. White Justice (1987) (judicial system deeply biased against blacks).1988] Racial Reform 933 form a system you regard of what Geneva. Geneva. as people You I recall. 211-15 (1979). I. Legitimizing Discrimination]. 37. when It all began with the drafting of the Constitution. you say. if you really believe the "Consti? lies with that the trouble 36. The Structure of Blackstone's Commentaries. LegitimizingRacial Discrimination through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine. for security and Professor and rights Bell have for a males.

I could marshal arguments in a few key respects. Jan. U.) Geneva.S. the the possibility there is always tion. See. 1987. 1984. 1. Fail 1985. 150. at 1. 46. you're such an optimist. conven? to force a constitutional the voting strength will soon command of hope. Time. June 29. 5.47 with an unjust system its origins. The Idea of a Constitution in the Chicano Tradition. June 29. An Economic Interpretation of the Constitution of the United States 31-49. Geneva. Surely persons as talented as you and Professor are Your numbers reform. person's perspective. the for changing sin either. Legal Educ.g. col.Kilpatrick. present at these Bicentennial tinctly muted. they demanded a constitutionalconvention to draw up a document that would better advance commercial interests. News & World Rep. Special Issue: We the People. calls to amend it in this or that fashion. 63. Massachusetts Revolt Was Important Catalystfor Birth of Constitution. 58.. 11. March 19. ? A. 1 (powerful merchantsand aristocratswanted new Constitution and strong federal governmentable to put down rebellions and assure stability). is straightforward. which was later cured).48 We have declined 44.. pen in mid- I bet you don't believe in origi? Doctor. even today. 163-66 (1987} (declining to join in praise of Constitution. for changing the Constitution argument Bear in and. 162. See infra text accompanying notes 129-32 (Geneva speculates on content of new Constitution). agitate to change it? why don't you and your supporters to be. celebration. col.934 The Yale Law Journal [Vol.Fiddling with the Constitution. 45. Tulsa World. And if it could actually might ease somewhat. 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. See New Ethnic Voices.. ? A. Sept. slavery. 37 J. col. just work to is fundamentally the Constitution Bell could mar? change it. 1987. ? 2. 1985 (entire issue devotedto immigration). at 7. be changed Constitution. 47. San Francisco Chron. as I'll explain. air. Geneva.. from the Third-World compelling. July 8. Foreign Pol'y. 23. 1987. San Francisco Chron. 1987. 1987. at 15 (proposing amendment to institute proportional representation scheme). Black. 1988. July 27. Time. For various proposals to amend the Constitution. see also Growth of a Nation. Beard.James Madison. 97: 923 the Constitution. 1987. see Hertzberg. at 19 (ideas for constitutional amendments). June 12. Population. nal Gilder reaches for the discharge papers and pauses. Letters: Historical Charter. Very few minorities submerges heard celebrations. to join Our voices have been disin the party. Of course. When mercantile forces became discontented with the Articles of Confederation. of change. 48. Hispanic Population Rate Up Sharply. at 23-24 (noting "aura of the sacred"and describ? ing Constitutionas having one defect.44 If you believe that adverse to your people. 1. 6. pointing out that it has done little for . nor that it has coexisted forget have and injures us at every turn. Rise of Minorities. doing so is a our quandary tall order.46 So you see. col.See C. Let's Get Representative. and there continue It's been amended many times. Minneapolis Star & Tribune. People. July 6.Move Over. New Republic. at 48. as you know. Don't you agree? possibility (Dr. Time. The I'm listening. at 74. and Politics. 324 (1935). at 3. at 5. Dr. Feb. 1987. See Lopez. at 6 (readers praise document). Gilder.46 But. of constitutional on behalf shal arguments to get white people to And even if you can't rely on persuasion growing. e. New Republic. people you and other Third-World go along for the reasons you mention.

Beard. supra note 44. 124. L. at 11. The Beard Thesis Attacked. supra note 44.50 Whites as constitutional of slavery.Charles Beard's thesis that the drafting of the Constitutionwas motivatedby the economicself-interestof the Framers has been the focus of much controversy.g. 49. 50. make Dr. Struggle for Freedom 66-68 (1972).1988] Racial Reform 935 Dr.52 A few Abolitionists raised the question of slavery. 1343 (1987) (replying to Justice Marshall). Geneva. 52. e. But see Reynolds. The Beard Thesis Defended. Hispanics. Bell. Bell. One could a three-part based on exclusion. See D.56 Yet the Emancipation ported to give slaves their freedom. 404 (1857) ("We think they are not.See. supra note 38. harm. Sandford. 55.Paths of Influ? ence?Beard Revisited."). Komesar. Levy ed. The Sources of Antislavery Constitutionalism in America 1760-1848. Dred Scott v.See. at 3. 101 Harv. See pp. . 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. C. See D. 56 Geo. Reflections on the Bicentennial ofthe United States Constitution. again fought bravely. Exclusion is perhaps the easiest of the three arguments to make. C. Doctor? as a politically aware person and as your doctor. supra note 44. C. ProclamationNo. 57. No black participated in the drafting of our country's even Constitution. 1 (1987) (same). people also were not represented at the Constitutional Convention. and working-class ership. at 30. see also supra note 49.49 though blacks fought courageously rationalized our exclusion. 1268 (1863). supra note 38. Main. Another View:Our Magnificent Constitution.60 U. blacks During which purProclamation. Beard. 40 Vand. See pp. in Essays on the Making of the Constitution 88 (L. at 24. Rev. Of course. We owned few but their ethnic minorities). and were not intended to be included . Beard. (19 How.. argument. L. Rev. Bell. See W. 29-32. at 57. D.54 Seventy years later. 53. 17. W. The sole invitees were propertied white males. I'm eager to hear what you have to say. supra. supra note 48. at 144 (defending Beard).Beard is used here only as a source of informationregardingwho was present at the Convention. L. . Brown. at 24 (discussing Conventionparticipants). Wash. the war. 26-42. at 31-32. . Would you like to hear it. 56.57 brought little change.58 The conventioneers realized that sacrificthe slaves was essential to the economy of the southern states." The Civil War wrenched apart those whose interests had coalesced to form the Constitution. 32-42. There is little dispute that Beard made an original and importantcontributionto understandingthe forces behind the drafting of the Constitution.g. 51. 63 (1977). 1969) (criticizing Beard). in the Dred Scott decision. without ing which there would be no strong union. as well on the ground that we were in the war against Britain. Gilder.) 393. . e. . Both Native Americans. 54. supra note 38. IVe given this a good deal of thought. See pp. Marshall.. protection property?"chattels personal" subject to own? Gilder. The Negro People in American History 63 (1954). 124 (1987) (Beard's approach offered richer vision of Constitution). Davis.it is not necessaryto take sides on the issue of whether economic self-interest was the main force at work at the Convention. Wiecek. 12 Stat. Foster.S.51 Women. Marshall. D. . be based harm to Not just that. Rev. voices were ignored. many of whom were there to protect their own interests. at 23.55 the Supreme Court held that blacks were not included in the phrase "We the People. in Essays on the Making of the Constitution. and legitimation.

XIX (ratified 1920). R.R. Taub & Schneider. Moose Lodge No.72 Native Americans. Id.S. of Educ. at 119-20. 69. 68. Southern Pac. from voting. supra note 38.S. 71. June 28. Bell. Board of the the states Court held that the equal Supreme protection so long as those provided to segregate facilities. recall that the Constitution did not provide the vote today levels.70 They're afforded second-class status in benefit programs. Cornell Univ..S. amend.59 broadly and Ferguson*2 three generations. Unequal Partners: We Still Haven't Decided WhetherAll Women Are Created Equal Too.67 And Doctor.66 limiting relief may be granted. See. 229 (1976) (Fifth Amendment equal protection clause requires showing of discriminatorypurpose).68 women's and organizations. 476 U. 267 (1986) (preferentialtreatmentbased on race in connectionwith layoffs violates Fourteenth Amendment). Jackson Bd. 107 v.S.S. 483 (1954).. 35. 457 U. supra note 38.. Education** a space of more than and Brown v. at 35. in suit against private school). Wash. at 9-10.supra note 69. 1984) (good-faith standard upheld for faculty hiring decisions). 59. the only original likewise excluded from national life from the beginning. Wygant v. A medievally de? and status berights for women. 163 (1973) (state action lacking in suit against private club despite regulation by state liquor control board). 327 (1986) (Fourteenth Amendment due process clause not implicatedby negligenceof state official).936 The Yale Law Journal [Vol. See Bird.64 including what types of and measures action.g. 1984. 63. at 117. W. It took over 130 years to win this and even 58. Bell.g. Const. Daniels v. Davidson v. Nation. U. service. Santa Clara County v. at 45 (powerful men's clubs continue to exclude women). Kohn. See. See Taub & Schneider. See. 426 U.. Woman's Place: Options and Limits in Professional Careers passim (1970). 1987 (Magazine). to those for whites. 830 (1982) (state action lacking despite heavy state funding. supra note 38.g. Perspectives on Women'sSubordination and the Role of Law. e. and rates of political wages. 29. See. occupational representation from the draft lag far behind those of white males. 163 U. at 285. 537 (1896).. e. 66.Zahorik v. but were barred cational opportunities.71 Our society still tolerates all-male clubs government right. lest you think other minority groups have fared any better. See C. Rendell-Bakerv. 37. 474 U. clause blacks allowed but applied it much less corporations "persons. . 118 U. 119. See D. 729 F. Davis.. 60. Foster. 70. The modern Court has im? technical constraints on racial remedies under posed the Constitution. e. jury duty. in The Politics of Law.61 During creatively Plessy v. Williams. 344 (1986) (negli? gent denial of civil rights by governmentagent not redressable). 394 (1886).58 Reconstruction economic ship rights progress We were subject to taxation. 64. 474 U. Cannon.2d 85 (2d Cir. 67. e. at 264 (summarizingcases). See D."60 the interval between to us.S. Sept.S. 61.See generally Burns. Washington v. 72. The Activ? ism Is Not Affirmative. supra note 53. 65. 62.69 Women are excluded and from armed combat duty.65 tight chains of causation. 97: 923 homes or farm animals and little little land.S. at 119.g.S. Irvis. 347 U. 407 U. Post.S. Epstein. 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. rived ideology that "savages" could be denied equal were Americans. were comparable artificial and highly rules requiring state an intent requirement. edu? of jobs.

supra note 74. Johansen. supra note 74. 77. You it. Gilder. supra note 74. 322 (1962). at 1A.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. are left out. 24. June 1. freely the influence of these ideas on their political acknowledged thought. because history read read emphasize Geneva. Cohen. including sent of the governed. Rev. 114. 1986 Wis.1988] Racial Reform 937 came an integral the Constitution books praising part of the fabric of our law. No reasonable person could disagree rate. History So it is. at 29. the Five Nations based ment contained of the Iroquois had formed a constitutional confederation on an oral document called The Great Law of Peace.82 Dr. at any 73. The Algebra of Federal Indian Law. They include this fact and that. 80. See F. at 102. Geneva. has excluded the groups you makes mention. see also Black. 83. See F. B. 1987. Doctor. at 14. Hayden White reminds us that any narrativecan represent history only with significant dis? tortion. certain events that story. When we tell our history. have meaning for us. col. F.81 Benjamin Franklin and Thomas both of whom Jefferson. 2 (summarizingJohansen's research). Cohen.78 Although and tracing the origins of its miraculous ideas generally to mention this fact. 79. 75. Geneva. Minneapolis Star & Tribune. at 102. exclusion." White. 82. Of course has treated my people differently from yours. In the process.88 the story you have just told. 256. a right not granted by the white man until 1920. and closure of an image of life that is and can be only imaginary.74 Before Columbus ever "discovered" America. See B. supra note 76. 219. 1981). it and You most certainly from the way I was history differently But that's your right. Framers Took Some Cues from Iroquois System. Id. fullness. equally important to some. B. See Black.78 government that bad leaders should be impeachable and removable. L.77 should is the least government. at 27-28.76 that checks tralized that the best authority. Id. I emphasize different things. . people while the rest of us see increasing inclusion.integrity. 144. supra note 74.80 government system also allowed women to vote. Your official storytellers do the same thing. 76.79 and that homes should be safe from unreasonable The Iroquois intrusions. It's interpretation. 74. The Value of Narrativity in the Representation of Reality. Id. in The Legal Conscience 315. had contact with the Iroquois and other Native American peoples. supra note 76. some of the ideas for our form of government neglect came from the Iroquois.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. Johansen. a powerful legal case for exclusion. at 317. passim. Johansen. 23 (W. Forgotten Founders (1982) (discussing Iroquois political system and its influence on early American political thought). Id. other facts. 133. taught Gilder. And is storytelling. Williams. Mitchell ed. at 321. Johansen. 81. at 11. 78. at times that our system. Cohen. Americanizing the WhiteMan. in On Narrative 1. Dr. B. we tell a different We emphasize certain facts.

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

Perceptions of Racism by Black Medical Students Attending White Medical Schools. Franklin. Id.fob Botched From Start: Indian Relocation Efforts Continue to Fail. Nonwhites more than of their whites ethnic are not to serve nonwhites subject sity are largely populations receive longer sentences. Lack of Progress Vexes Black Faculty. 1. Cadwalader & V. The New Racists. 99. Federal Bureau of Prisons..000 years)..and resistance).100 Native and Americans economic political today are rights to the pleasure are relosubordinate of the powerful They majority. Nat'l L. 1984. 100. . 1 (Framers claimed large sections of land occupied by Native Americans). at 1. and Indian government unilaterally abrogated to do so.S. 1980. at 52. Nat.S. supra note 53. lives.New Mexico Uranium .J. see also Black. The Road ix (1980). Foster.June 5. 1759 (1987) (statisticalstudies show large disparity in impositionof death sentence dependingon race of defendant and victim.96 Black both slurs for students subtle are other harm harassment. 1987. at 68 table 106. Deloria eds.. Oct. 92. . their dignity. Race Relations 150 (1974). tion's often treaties remain Native vaunted their a Americans protections. 1987. Hard Timesfor Minority Profs. Id. Med. Wall St. at 68 (reporting on racist graffiti and radio messages at major campuses). 601 (1987). About one-fourth of all Native American women of childbearingyears has been sterilized without consent.102 whenever its interests black. on univer? once again becoming nonwhite and groups the Constitu- whites. See Census. 1987. 98.70 (1984). Kitano. Apr. Black College Students Are Viewedas Victimsof a Subtle Racism. 1987. supra note 28. see also White. 102. See Indian Law ResourcesCenter. at 7. 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 . See Racism Flares on Campus. at 14. Wil? liams. U. Dep't of Justice. 10. 3 (describingrelocation of Navajo-Hopis from lands they have occupied for over 1. July 13.95 A larger number of are executed. depression. 3. Racism Flares on Campus. Simpson. such disparity does not state constitutionallyredressableclaim). See R. 95. Under better suffered are and professors and overt. H. See W. 79 J.S. Henderson. 93. at 28. Kaplan. Davis (Cal. See Bender.98 Circumstances women. The Aggressions of Civilization: Federal Indian Policy Since the 1880s (S. A. Ms.resulting in lost homes. ? 1. 1987.) Enterprise. at 1.June 5. at 4. Dec. including forced relocation and predatoryland use for the benefit of white-dominated corporations. 101. supra note 74. col. Present-day mistreatmentof Indi? ans living on reservationstakes many forms.) Enterprise. col. Dep't of Justice.99 The it suited great despite it they lost their lands. however. 1.94 and are required sentenced time than whites. and jokes much have U.numberof blacks in federal governmentholdingjobs at policymakinglevel has droppedfrom 44 in 1980 to 20 in 1987). col. Bureau of Justice Statistics. col.98 to increasing racial campuses. 8. 96. Dec. J. Chicago Trib. Kemp. United States Denial of Indian PropertyRights: A Study in Lawless Power and Racial Discrimination. 19 (1982). 1756. see also McCleskey v.See Here's Chronology of Government Shame. See Bullock & Houston. The Trail of Tears Continues: Dispossession and Genocide of the Native American Indian. respectable"). at 104 table C-5 (1986).101 cated and their lands and mineral whenever the domi? wealth plundered colonized people whose nant society finds it convenient. at 256-58. 97. Davis (Cal. Time. U. supra note 73. Ct. Barash & J.92 The rate of maternal Our prison death among blacks is as high as among and brown. 107 S. at 7. 94. col. 1 (describingfederal government'sforced relo? cation of Native Americans. Sourcebook of Criminal Jus? tice Statistics 692 table 6. 1.97 respectable. 21 Freedomways 247. col.. in Rethinking Indian Law 15. 253 (1981).1988] Racial Reform 939 shorter three black than times for whites. at 72 table 112. Statistical Report Fiscal Year 1986. 1984).

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

Pub. P. Even the Best Educators Get the Worst Treatment. 10.112 legal system today political sexual statutes. Gilder remains silent for a long time.109 liberals who believed estimated that internment Many advocating was in the Japa? and dol? interest. 402 (1984). 80-886. supra note 106. a "hands off attitude toward activities that take place there. Irons.in which blacks eat some rare mushroomsand turn into Mexicans. supra note 69. Go on. contradicthis liberal viewpoint. supra note 101. 111. you the or do you want realize ballot how women. No. profits. at 122. the law gives men license to dominate and exploit women with? of legal intervention. 63 Tex. convert to . 122. L. Id. and personal and familial relationships. Dec. Gilder. 1. San Francisco Chron. Here Dr. L. See Korematsuv. are and is bi? I hope denied powerful than you making. col.113 of problems such as domestic violence. to executive or to tenured jobs in the nation's colleges and universities.. 387. Irons. sexism suffuses rape laws. recognizing that he would fur? ther antagonize Geneva and that such arguments.114 The priwelfare. supra note 113. 107. 116. too? Dr. paid only $37 million on claims totalling four times this amount.107 More than 120. however. possessions at over four hundred million to hear about a case lars in property alone. Female Professors Still Earn Less than Men. See Olsen. 110. at 348. United States. blaming blacks' inferior status on our refusal to work or on the black family.)111 out fear lives. at 365. Gilder decides against raising these rationales for blacks' condition. Taub & Schneider. 115.110 have been lost homes.Id. See Taub & Schneider. and by maininsulted. at 118. Geneva. 1231. and treatment a private sphere distinction bolsters patriarchy vate/public by constructing in which women are subordinated.1988] Racial Reform 941 interpreted Japanese Japanese behind barbed their removal nese farms. 117. Statutory Rape: A Feminist Critique of Rights Analysis. even ased Women have for more The a century representation. at 398.108 were best losses Most were The American evacuees citizens.111 Have you heard enough. at 217. See supra notes 68-72 and accompanyingtext. The Japanese American Evacuation Claims Act of 1948. the Act was limited to property losses and did not redress lost wages. which justify continued oppression by pointing to victims' debased condition. supra note 69. 62 Stat. 1987.115 And in their professional are promoted to partnerships in law firms. 114.000 persons of ancestry were removed from their West Coast homes and placed wire. H. I'll recount the Chronicle of the Magic Mushrooms. See Harris. supra note 106. 323 U. Rev. 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. Kitano. were little Doctor. Attempts to compensatethe Japanese for their losses have been woefully inadequate. human dignity. Moreover. In taining this way. against us. few positions. 112.116 women (Dr. citizens' Their of to permit the involuntary internment of peaceful Americans descent during World War II. against Asians). 214 (1944). pornography harassment distribution of benefits such as social security and laws. 109. B7. 108. and assaulted. Geneva thinks: I bet he is going to bring out the neoconservativeartillery now. 113. If he does.S. P. See Olsen.

"). at 304. exclusion. See Delgado. Freeman. it's one's own fault?look how fair and neutral our system is. 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. sophisticated person. society is color blind. at 1054-55. income. Id. fair society.124 The Constitution as incapable of functioning also legitimizes the status Catholicism. the actual conditions pov? and erty. and develop strong family ties. tions?rather meritocratic promising are unemployment than as redressable considered discrimination. 122. 124. But it does protect privilege. . at 1103. sure you'll grasp this point quickly. 118. Constitution? Geneva. 97: 923 Dr. Id. poorly funded schools. and human dignity by blaming the victim society. supra note 39.123 Because of the myth that prosecution of racial powerlessness. . the law government agencies. have no opportunities for decent housing .942 The Yale Law Journal [Vol. and causation which make requirements. Gilder.119 aimed law is a case in point."121 Antidiscrimination acts by vicious-willed perpetrators. see also supra notes 64-67 and accompanyingtext."118 The Constitution holds out the appearance of formal fair? ness. so Geneva continues as follows. 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.120 He notes that civil rights law is "indifferent to the condition of the victim. you've made a strong case for harm. Freeman. as well as But what's the third prong of your argument for amending the You're a politically Legitimation. at 1054. Id. Doctor. 121. and universities. at 1103. successful of claims very difficult. These features are trumpeted to the skies as though they in themselves assure a fair and just society. Civil rights law. . our rights. Legitimizing Discrimination. such as freedom to wor? and by Fourteenth Amendment ship. 120. however. 119. motive. 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. Gilder has tactfully decided not to raise these issues. Geneva. supra note 38. Equal protection and due process imply that if one is not succeeding. Legitimizing Discrimination. supra note 38. Legitimizing Discrimination. speak. and petition. ostensibly at protecting calls the "perpetrator" us. 123. See Freeman. but certain freedoms they do not.122 When charges of discrimination of isolated Antidiscrimination at corporations. supra note 38. at 1052-57.it has affirmed that black Ameri? cans can be withoutjobs. adopts what Alan Freeman rather than the victim's perspective. such as the rights to housing. is quick to insert fault. guar? antees of due process and equal protection. assemble. just that?mere Those conditions condi? are in our then rationalized quo by in the Bill of Rights. Id. at 1050 ("[A]s surely as the law has outlawed racial discrimination. without any violation of discriminationlaw. I've demonstrated that your Constitution does not protect outgroups. have their children in all-black. yet remain poor and stigmatized.

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

I can make a number of suggestions. .S. 131. cf.our superior values and life styles will be swamped by sea of lower-class and Third-World newcomers). mindful of the exclusion. See B. Geneva. Polan. Taking Needs Seriously: Observations on the Necessityfor Constitutional Change. in The Politics of Law. and politics. Geneva. 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. A noble platform. that certain What changes might help. Doctor. in mind? what would by ethnic minorities.see Olsen. 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. A recent book sounds the cry: The middle class have too few children. They're been repealed. tion have failed. as surely as I speak. They should go. and institutions punish eschew cal rank high on my list.944 The Yale Law Journal [Vol. 1291 (1984) (proposing that Constitution be amended or interpretedto provide for human needs). Dr. Don't you agree? Geneva. if you could get them enacted. Wattenberg. On the positive side. at 294. do hereby enact . Constitution that directly or indirectly accommodated slavery). one no one could oppose the general plan. Taub & Schneider. See supra note 125 (citing examples of nations whose constitutionscontain these or similar guarantees). supra note 69. . . See supra note 42 (listing provisionsof U. too many. Those who control things will employ every available technique to prevent such change from coming about?the stakes are simply too great. supra note 113. the sooner the better. such as the right to meaningful employment. Gilder. It could declare in? opportunities terference with any of these rights to be a serious offense. Toward a Theory ofLaw and Patriarchy. the lower class. should. . 97: 923 Geneva. Economic rights. Rev. The document producedby such a conventioncould begin: "We the people. housing opportunities and marriage. and employment for all.180 Redress for past as a cabinet-level to confine and position could also be on the agenda. Dr. The Birth Dearth (1987) (warning that Western values are in jeopardy unless middle-classfamilies increase rate of child-bearing. supra note 38. 300. would the male paradigm representation. 133. But you said earlier.129 galling and offensive. some might quarrel Although with this detail No or that. For. and desiring to correct and make amends for these injustices. and Native Americans perpetrated in the name of our founding document. Yet it may revive. people of color. 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. But constitutional did you Geneva. They'll use propaganda and ad? to inflame vertising could be taken over blacks' concerns about and by the Right. and legitimation of harm to women. decent but many will.181 A new Constitution would such of law schools. On the need to dismantle this paradigm. 41 Wash. racism. 130. none of these reforms will come to pass. Doctor. 1243-46. Miller.132 It could for mandate politi? interracial racism." 132. & Lee L.1SS They'll a runaway convention enlist the aid of middlethat 129. Gilder. failed. harm.

' For a descriptionof the views of Jensen and Shockley. it has much to offer your people. opting for compromise nowhere at all. D. I don't buy that. Smith. group will once again means that have and illegal the violent. That's landscape. Furthermore. Ballot Bollix. away. 51-74. Burkenroad. of our political-legal oppose transformation as well. employ sleazy. as I as a from this institution to be discharged said. You concede its existence as a permanent of our political not how reform comes about. Almost any alternative would be better. July 15 & 22. No Not only that. And None. and bringing out the best it has to offer?and You are too ready to jettison it. Doctor. & Windhausen. Doering. Chavez. legal. minority true political the dominant reform seems possible. And now that I have figured everything out. and a quarter. stricted lives. Bradley. Can Science Be Inopportune?: Constitu? tional Validity of Governmental Restrictions on Race-IQ Research. Lardiere.134 population inferiority to the point where numbers increase If. New Republic. You short-change society by taking that position. Reeves. at 30-44 (describinggutting of Civil War amend? ments). 1985. despair of the sort you within the liberal tradition. Rev. see Delgado.1988] Racial Reform 945 black births: about black Consider Arthur growth. Geneva. I have the unique advantage of having really been Well. Bell. See pp. hope Geneva. and for what? Geneva. nowhere. coercive. You believe that the gulf will never close. but too complacent and to others like you. obviously yet you don't You lack hope. on penalty of being labelled crazy. 135. many who are too entrenched. I demand matter Dr. 31 UCLA L. at 21 (white Southernersbrought voting fraud charges when blacks gained political power). even if it's true. such the dominant group to deny the revi? as those employed to gut the Fourteenth Amendment. see also Bode. Vote Fraud in Ala? bama. much better. despite such efforts. Bell. . 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. or almost anyorte's. your reality.185 been used to curb black political power for a century we'll have a very even if we succeed in forcing some revisions. Finally. improved. share of right. Progress feature is dialectical. Alienation You should work accept will lead nowhere. supra note 38. I feel. hard time stopping from using the usual tricks. 132-39 (1983). it requires tension. but when it comes right we thought would stand with us ended up slipping So I think we're going and accommodation. I'm torn. conAnd we can't even say so. Gilder. supra note 38.186 Dr. 128. at 126-206. supra notes 60-67 and accompanyingtext. We lead narrow. down to it. sions any efficacy. Gilder. See D. We must go on pretending we are all "equals" in this great democracy. Progress your people absolutely You're my. 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. 134. 136.

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

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

Sign up to vote on this title
UsefulNot useful