Notes of a Racial Caste Baby

Color Blindness and the End of Affirmative Action

238 pages

January, 1999

ISBN: 9780814726525

$27

Paper

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Subjects:

Law

Part of the Critical America series

Author

Bryan K. Fair is Associate Professor of Law and Assistant Academic Vice President at the University of Alabama in Tuscaloosa.

All books by Bryan K. Fair

The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male property holders: Southern planters and Northern merchants. At the heart of their deals was a clear race-conscious intent to place the interests of whites above those of blacks.

In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two historiesAmerica's and his ownto offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years.

Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-Civil Rights Movement erawhen the law of the land was explicitly anti-blackand today's affirmative action policies, which are decidedly not anti- white. He concludes that the only just and effective way in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors.

Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste.