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Part IV Rights, Ch.26 Racial Rights

Girardeau A. Spann

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

The United States Constitution has always been intimately connected to race. Initially drafted in a way that protected the institution of slavery, the Constitution has since been amended to abolish slavery and promote an abstract conception of racial equality. However, there is imprecision inherent in the concept of equality, and the liberal conception of rights on which it is based. This has caused the Constitution to reflect prevailing racial attitudes in a way that makes recognition of constitutional rights vary with the race of the individuals or groups...
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