Life, Liberty, and the Pursuit of Whiteness: A Revolution of Identity Politics in America
Columbia Journal of Race and Law
Volume 2, Issue 1 (2012)
pages 149-166
Andrés Acebo
An enduring motif in American political history reflects the nation’s slow progression towards inclusion of a once disenfranchised populace. In the annals of its jurisprudence, the nation recalls a time when citizenship was linked to race: a time when the racial perquisites for naturalization were not challenged based on its constitutionality, but on who could be professedly “white.” President Obama’s election ushered in a new chapter to this American narrative. His election and the response to it reveal how far we have come and how far we have left to travel on the path towards equality in citizenship.
This Article frames a longstanding debate concerning race consciousness in the political sphere and how it consequently influences an ever-changing electorate. It explores the impact that our courts and our policymakers have had on shaping what it means to be white in America, and accordingly to possess a majority voice in society. The Article further seeks to explicate how politicized social institutions are sustained from generation to generation by way of an unabashed preservation of the status quo. Those who come to power do so by protracting nostalgic yearnings, summoning persistent lore and mythos about a way of life that has not always benefited an entire electorate, and not threatening or offending the mainstay of the American political complex. Obama’s election revealed a model, embossed by a romanticized collective national history and a steadfast commitment to the ideals of American Exceptionalism, for transforming a minority candidate’s use of identity politics to garner support, influence and ultimately the ability to govern.
CONTENTS
- I. INTRODUCTION
- II. WHITENESS SOUGHT AND DEFINED IN AMERICAN JURISPRUDENCE
- A. Contemporary Whiteness through Biology and Demographics
- III. 2008 PRESIDENTIAL ELECTION REVEALS NEW FORM OF RACISM
- A. The Pursuit of the White Vote159
- B. A Message of Change and the Opposition that Fears It
- IV. “REAL AMERICANS” INCITE RACISM WITH DIVISIVE RHETORIC
- A. 2010 Candidates Followed Obama’s Example to Distinguish Themselves From Him
- V. AMERICAN EXCEPTIONALISM STIFLED BY NOSTALGIA FOR A MORE DIVISIVE ERA
I. INTRODUCTION
April 12, 2011, marked one hundred and fifty years since the Civil War’s first shots were fired at Fort Sumter. The war pinned brother against brother and forced an infant republic to confront its original sin of slavery. The sesquicentennial of that defining struggle provides this generation of Americans with the opportunity to reflect on how far we have come and how much further we must travel on the curving path toward our more perfect union. Despite undeniable progress, the nation’s wounds of bigoted conflict have not completely healed. Racism, albeit publicly renounced, has persisted and remained the scar that fervently reminds people of a much more divided time. In the twenty-first century, racism can no longer be classified as a social ill that plagues the ignorant and indifferent. Racism has transmuted from a “creature of habit” that sought to justify the subordination of some to a more nuanced political calculation for preserving the current racial political establishment. This phenomenon did not occur overnight, but it certainly did find the election of the nation’s first non-white president as the opportune moment to emerge. This new racism has been coupled with centuries-old nativism3 and has disguised itself under the banner of American Exceptionalism.
American Exceptionalism finds its roots in the romanticized emergence of the American democracy. Horatio Alger provided this narrative in parables about the American Dream, while John Winthrop’s famous speech painted America as the shining “city upon a hill.” What is so perplexing is that this idea, which helped form the tide that ushered Barack Obama to the presidency, has become the one that seeks to wash him out. The attack on the president has been one in which the racial epithets of yesteryear have been drowned out by the spewing of political rhetoric that claims to try to “take America back” for its rightful keepers. A growing sentiment in our political debate is that those who do not blindly accept America as the greatest civilization in history and those who admonish the present conditions as defiling the egalitarian principles enshrined in the Constitution are not true or real Americans. The emergent consequence is that race consciousness and, more specifically, what it means to be white in America is qualified by more politically conservative circles in terms of whether an individual subscribes to notions of American Exceptionalism. Groups enter the fold if they do not condemn, criticize, complain about, or campaign for any sort of fundamental change to the existing order. Essentially, for those once excluded, to now be white in America, they must not offend the structures that perpetuate white majoritarian influence.
The history of what is determinably white in the United States has been dictated by a fluid metric. It is not at all unusual that this redefinition has appeared at a time where Census projections reveal the rapid decline of the white majority in America. The U.S. Census Bureau has reported that, by 2050, minorities will be the majority in America. Minorities currently constitute one-third of the population in the United States, but according to census figures, they are projected to become the majority population by 2042. By 2050, minorities will constitute fifty-four percent of the population. The implications of what will come when these projections become reality are grave. With no majority white race, what will become of racialized existence in pluralist America? The prosperity and equality once drawn from the well of acculturation will be dried up. What will emerge in its place? Will a new dominant racial majority emerge or will accepted citizenship occur through enculturation? The answer is up for debate. However, history and judicial opinions alike reflect the absolute discriminatory intent behind separating citizens into groups of those deemed to belong and those who do not.
This Article proceeds in four parts. Part II explores and discusses the interplay of race and American jurisprudence. The privileges of American citizenship since the nation’s founding have been inextricably linked to racial classification. What it means to be white and who is white in America is constantly changing. Accordingly, the acquisition of rights has often been forged by racial reclamation. This section examines the decisions of the United States Supreme Court in Ozawa v. United States and United States v. Thind, where the nation’s highest court swiftly legitimized the practice of making whiteness more exclusive, harder to attain, and consequently more desirable. The Article postulates what will become of the remnants of the legacy of racial supremacy when the nation is redefined as a majority-minority electorate.
Part III evaluates President Obama’s 2008 election and examines how his pluralistic campaign revealed not just the progress that has been made in America’s journey toward racial equality, but also the new affronts to social harmonization. The 2008 presidential election, a transformative moment in American history, was not the watershed moment of racial reconciliation that it has been portrayed to be. This section offers that the election of the nation’s first non-white president established a new paradigm for identity politics in the United States. President Obama’s successful campaign revealed that America’s racial cacophony had not yet been keyed into melody. At the onset of a new century, with demographic trends envisaging a new racial electoral composition, the pursuit of whiteness has been relegated to romantic notions of American Exceptionalism. An uncertain future has birthed a movement emboldened by nostalgia that threatens that the ushering in of change will threaten the pillars of the republic.
Part IV analyzes the 2010 elections and considers how the Obama model for identity politics was galvanized and successfully used by some of his staunchest detractors. Leading candidates attached their personal narratives to the republic’s chronicles. In doing so, acquiescence to the establishment’s will promulgated a new sentiment, which reaffirmed the racialized social order. By not simply subscribing to the existence of American Exceptionalism, but instead expressing anguish and disdain for those who not only deny its veracity but seek to weaken its condition, minority candidates have found a way to appeal beyond their immediate base of supporters.
In concluding, Part V of this Article observes that America’s demographic shift towards a majority-minority citizenry will make little difference if its politics remain unshaken. In the end, elections will amount to nothing more than isolated victories rather than breakthroughs until the legacy of racial supremacy is eradicated. The law’s memorialization of an ethereal demonstration of racial privilege and a modern electorate’s hope to garner a pluralist society in which all persons are treated equal are once more pitted against each other at the highest levels of our public discourse. Amidst the demagoguery and rhetoric is the often-overlooked axiom that America’s “Exceptionalism” lies in the nation’s ability to confront its inequality and maintain that a government of the people, by the people, shall always be for all the people. Elections that usher in both the face of groups long removed from influence and, more importantly, their voice are only the first step on a long road to redemption.
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