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Black Resistance/White Law: A History of Constitutional Racism in America

by Mary Frances Berry

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A constitutional history of unequal protection

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Paperback New English

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AlbakiReads Editorial

A constitutional history of unequal protection

Mary Frances Berry traces a long pattern in which constitutional interpretation and federal power, as presented here, have failed to protect Black Americans from racial violence while being deployed against Black resistance. Spanning from the first enslaved people brought to Jamestown through incidents including the 1986 Howard Beach attack, the killing of Yusef Hawkins, and the Rodney King case, the book links historical legal structures to continuing exposure to police abuse and bias-motivated crime. Its subject is not only discrimination in practice, but the question of governmental authority: when it has been disclaimed in the face of white violence and asserted through surveillance and force against Black activists.

Good fit for readers who enjoy

  • Readers interested in African American history and Black studies
  • Students of constitutional law, civil rights, and federal power
  • Those examining policing, racial violence, and legal inequality in the United States

Themes

Constitutional racismCivil rightsFederal law enforcementBlack resistancePolice abuse

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Book overview

How the government has used the Constitution to deny black Americans their legal rights

From the arrival of the first twenty slaves in Jamestown to the Howard Beach Incident of 1986, Yusef Hawkins, and Rodney King, federal law enforcement has pleaded lack of authority against white violence while endorsing surveillance of black rebels and using "constitutional" military force against them. In this groundbreaking study, constitutional scholar Mary Frances Berry analyzes the reasons why millions of African Americans whose lives have improved enormously, both socially and economically, are still at risk of police abuse and largely unprotected from bias crimes.
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