A Critique of "Our Constitution Is Color-Blind"

This article critically examines the United States Supreme Court’s legal doctrine of Professor Gotanda argues that the United States Supreme Court’s adherence to color-blind constitutionalism disregards the subtleties and nuances of race, ignores institutional racism and contributes to racial subjugation. Five themes related to color-blind constitutionalism are identified and discussed: (i) the distinction between private and public conduct, (ii) the nonrecognition of race (whereby a person’s race is identified but discounted or not considered), (iii) racial categories (race as a social construct), (iv) the Supreme Court's focus on formal-race and its unconnectedness to social reality and (v) racial social change (discussing assimilation versus diversity). This article concludes with a discussion on alternatives to color-blind constitutionalism.