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Chapter 13 surveys and assesses the different ways in which election laws and practices impact racial equality in the political process and the distribution of resources and power that stems from those elections. Topics include voter ID laws, felon disenfranchisement, and racial redistricting, as well as immigrant political incorporation and language access. Themed boxes include recent court cases on voter ID, specific voting rights cases, and noncitizen voting.
In Chapter 14, we examine policy debates and policy outcomes across a range of areas that tend to be viewed as core to a minority agenda or that could alternatively be framed as the social rights of citizenship. These include affirmative action, Obamacare, education, and welfare reform. We provide historical context on the race-targeted vs. universalism debate. Inserts examine the link between legal status and access to social services.
This chapter delves into mass criminalization and mass incarceration. It examines the role that race plays at each level of the criminal justice system from the initial decision of law enforcement officials to engage with members of the public through to the trial and sentencing phases. Throughout, we seek to understand and illustrate the impact of individual bias and structural discrimination. We then end by highlighting the enormous racial disparities that the system fosters and by considering several alternative avenues for reform.
Good Governing: The Police Power in the American States is a deep historical and legal analysis of state police power, examining its origins in the founding period of the American republic through the twentieth century. The book reveals how American police power was intended to be a broad, but not unlimited, charter of regulatory governance, designed to implement key constitutional objectives and advance the general welfare. It explores police power’s promise as a mechanism for implementing successful regulatory governance and tackling societal ills, while considering key structural issues like separation of powers and individual rights. This insightful book will shape understanding of the neglected state police power, a key part of constitutional governance in the United States. This title is also available as Open Access on Cambridge Core.
This chapter touches upon the very large topic of how individual rights interact with the police power. In what sense and to what degree do rights contravene state and local exercises of the police power? It is a shibboleth that regulatory power is constrained by rights. But this chapter interrogates these issues in more depth and detail, by discussing how rights claims are framed in connection with the police power and how the government’s assertions of power are circumscribed by particular doctrines and arguments in courts. Further, the chapter considers how the debate over the nature and content of so-called positive rights implicates the police power questions, questions concerning authority and content.
Cody Marrs’s concept of “transbellum literature” has urged critics to reconsider the position of the Civil War that neatly divides literary history into “antebellum” and “postbellum.” Marrs’s idea encourages us to see both continuity and discontinuity between the postbellum and antebellum periods. Taking as a main subject of inquiry Herman Melville’s “Lee in the Capitol” in Battle-Pieces, one of the poems written from the perspective of the South, I would like to inquire into what the South as a geographical and political entity meant to Melville after the Civil War. In this poem, Melville gets inside Robert E. Lee’s inner psyche, ventriloquizing his suppressed emotions. By ventriloquizing Lee, Melville can be seen as doing violence to the alterity of the South in ways that conflict with his representation of others in his antebellum fiction. This essay interrogates how the Civil War changed Melville’s approach to representing alterity by focussing on the presence of the South as a geographical other in Battle-Pieces. At the heart of this perceived change lies his concern with representing community rather than individuals. However, Melville ultimately finds himself othered from the southern individuals, thereby demonstrating less discontinuity than continuity in terms of his ethics of alterity.
Black Power and existentialism were mutually reinforcing movements in the late 1960s. Stokely Carmichael used French existentialism to shape some Black Power principles, which demonstrated existentialism’s continued relevance to racial equality. Existentialism reinforced values, such as moral purpose and self-definition, which supported positive appraisals of Black Power revolt on campuses. Carmichael’s adoption of French existentialism illuminates transnational influences on Black Power dating to the 1940s, as well as how important French existentialist texts amplified Black perspectives. The meeting of French existentialism and Black Power assisted increased representation of Black perspectives on campuses, and popular awareness that representation was as important as desegregation to equality.
While the bulk of the study of the burgeoning movement to (re)name streets for Martin Luther King Jr. (MLK) has predominantly been centered on the creation of a new geography of commemoration honoring the leader’s legacy and philosophy, little work has explicitly addressed the spatial motivations undergirding Black communities’ insistence on quickening the pace of such a process. This study strives to bring this point further by proposing to analyze the growing phenomenon of street naming for King in terms of Black communities’ relentless determination to challenge and reformulate the long-established practices shaping the MLK toponymic streetscape, especially in the southern part of the United States. On a deeper level, the paper reveals that Black communities and leaders use the spatial commemoration of King as a conduit for the acquisition of a more equitable share of and control over the urban landscape with their white counterparts. The politics of street naming thus lays bare the history and legacy of racial segregation in the South, the unfinished journey of the march for socio-spatial justice, and the rising power of Black communities.