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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.

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