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Settler Colonialism, Race, and the LawWhy Structural Racism Persists$
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Natsu Taylor Saito

Print publication date: 2020

Print ISBN-13: 9780814723944

Published to NYU Press Scholarship Online: September 2020

DOI: 10.18574/nyu/9780814723944.001.0001

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Constitutional Protection and the Dynamic of Difference

Constitutional Protection and the Dynamic of Difference

Chapter:
(p.154) 9 Constitutional Protection and the Dynamic of Difference
Source:
Settler Colonialism, Race, and the Law
Author(s):

Natsu Taylor Saito

Publisher:
NYU Press
DOI:10.18574/nyu/9780814723944.003.0010

In American law and culture, the presumption is that the Constitution’s guarantees of due process and equal protection will effectively rid society of racial discrimination. In fact, however, the “dynamic of difference” inherent to all colonial relations persists. This chapter considers how the plenary power doctrine, equal protection jurisprudence, and the presumptive goal of assimilation into the dominant society all contribute to the maintenance of structural racism.

Keywords:   Constitution, due process, equal protection, plenary power, assimilation, racial discrimination, dynamic of difference

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