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University of California Press

About the Book

Originalism Is Racism interrogates America’s unhealthy obsession with its founding generation by challenging the ascendancy of originalism as the preferred method of constitutional interpretation—both among the justices of the Supreme Court and for significant portions of the American public. The book argues that interpreting the Constitution in accordance with the original intentions or understandings of the founding generation necessarily enshrines and exacerbates racial inequality. For one, originalism perpetuates white supremacy by rejecting the equal human dignity of Black people and other racialized groups and denying them the opportunity to participate in public life on equal terms. It also undermines the abolition of racial oppression by subjecting Black, Brown, and Indigenous people to increased risks of violence and death. In a word, originalism is racism.

About the Author

René Reyes is Professor of Law at Suffolk University. He teaches and writes in the areas of critical race theory, constitutional law, and abolition.

Table of Contents

Contents

Introduction: An Unhealthy Obsession

1. The Constitutional Text: An Undemocratic Charter of Racism and Unfreedom

2. The Criminal Legal System: The New Jim Crow and Involuntary Servitude 2.0

3. Voting Rights and Democracy: The Perpetual Disenfranchisement of People of Color

4. The First Amendment: Religion, Speech, and White Christian Supremacy

5. The Second Amendment: Gun Rights and Racist Wrongs

6. Abortion: Reproductive Injustice and Racial Inequality

7. Affirmative Action: Erasing History and Preserving White Privilege

Conclusion: An Abolitionist Path Forward

Acknowledgments

Notes

Bibliography

Index

Reviews

"In Originalism Is Racism, René Reyes pulls no punches and tells no lies. This highly readable book makes plain that originalism is far from an apolitical, neutral methodology for interpreting the Constitution—instead, it is a value-laden technique that maintains the nation's racial hierarchy. Everyone should read this book."—Khiara M. Bridges, author of Critical Race Theory: A Primer

“Reyes’s powerful challenge to contemporary originalist constitutional theory argues that the original Constitution and today’s conservative originalists perpetuate racial subordination. Against those who advocate for a ‘living originalism,’ Reyes offers the alternative of abolitionist constitutionalism that takes the elimination of racial subordination as the Constitution’s central goal.”—Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus at Harvard Law School