Author Barbara Welke, professor of history and law at the University of Minnesota in her book, Law and the Borders of Belonging in the Long Nineteenth Century United States, has compiled a well thought-out and comprehensive book towards the discussion of law and the construction of borders within the United States. Welke sheds light on issues concerning discrimination of women, racialized others, and disabled people within the terms of how the legal borders of belonging have constructed that discrimination. The author also focuses on the ideal individual during the long nineteenth century, as the dominant ideology of a person was to be male, white, and able. Within this context, Welke presents various legal cases and practices to create a foundation …show more content…
These ideals, according to the author, shape the foundation for the borders of belonging. The author defines personhood as, “legal recognition and protection of self-ownership, that is, of a right to one’s person, one’s body, and one’s labor” (Welke, 3). Essentially, the author works to convey the essence of individuality under the law, including the accessibility that certain groups have to legal recognition and self-protection. Therefore, the author, through introducing her analysis of personhood, reveals how personhood and citizenship are interdependent. Welke then introduces her understanding of citizenship as she …show more content…
The author provides numerous examples of real situations, people have been in to try and gain their right to be identified as a person under the law. Welke makes the significant point to summarize her argument in that, “every act of nonconformity was not an act of resistance; the power of those rendered subject in law to effect real change was limited” (Welke, 98). Essentially, the author dedicated the last portion of her book to apply her prior statements in real conflicts that the bordered other has to endure. This portion was especially significant as Welke was able to tangibly show how her argument plays out in the political climate of our
In Racial Fault Lines: The Historical Origins of White Supremacy in California, Tomas Almaguer (2009) describes how race and racism coincides to facilitate the birth of white supremacy in California during the late nineteenth century. The idea of racial formation allowed groups to establish their power and privilege over defined racial lines. For each of the three racialized groups presented Chapter one combines the historical and sociological framework to describe the transformation of Mexican California. Through highlighting the historical accounts of racialized groups, fear of potential threats to white workers creates white supremacy. He continues by describing the peopling of Anglo-CA from 1848-1900 with the immigration of Irish, German,
Modern American society advocates for equality among all people, but these are just all talk and no true action taken upon word. Reporter Robert Barnes addresses this in his op-ed article titled “Supreme Court won’t check Maryland’s law banning sales of ‘assault weapons’”. By utilizing rhetorical strategies, Barnes conveys his message that even as we fight for equality, the dream will never occur with the prideful existence of class in the federal government. He appeals to the ethos-centered feeling in his audience, stating, “That court went further than other appellate courts that have reviewed similar laws [...]” (Barnes 5). His compromise between the central court and the state courts reflect the inferred views of the Supreme Court, that
Everyday the future in America looks brighter for the issues dealing with race and identity. Brave souls are not letting racism, class discrimination, or sexism hold them back anymore. Furthermore, the fight for a balanced society that pushes for equality is on the horizon. As we close on an era, based on purely the skin of the person, we need to analyze the impacts of the Ethnicity paradigm and Class paradigm on politics of the 20th century. Race and Ethnicity are used interchangeable in everyday conversation, however; they are not the same.
Ophelia Paquet is a woman who pushed society and the government to recognize her and her marriage by awarding her ownership of property that she lived on for 30 years with her husband. When Ophilia’s husband died without a will, she was awarded owner until her brother-in-law, John contested it. The issue that arose was the race of Ophelia, Fred and John. Fred a white man, married Ophelia, a Tillamook Indian wife. “Miscegenation law kept property within racial boundaries by invalidating marriages between white men and women of color whenever ancillary white relatives like John Paquet contested them.”
In “Intersectional Resistance and Law Reform,” Dean Spade proposes that the United States was founded through “racialization…(which) continues to operate under new guises… that produce, manage, and deploy gender categories and sexuality and family norms” (16). More over, these laws and norms tend to maintain the “status quo,” and employ an inherently flawed justice system that is only equipped to address single-axis discrimination issues (5). Thus, the intersectionality movement is largely dismissed by the social and justice systems, as it utilizes “critical intersectional tools… that are often (too) difficult for legal scholars to comprehend” (17). Interstionality’s progress is also impeded by advocates leaving to support single-axis issues. However, Spade warns that this approach is ineffective, as it fails to protect the most marginalized members of society.
Angela Davis’ book Abolition Democracy: Beyond Empire, Prisons, and Torture provides her critique on how today’s democracy is continually weakened by structures of oppression, such as slavery, reconstruction, and lynching. By utilizing her own experience and employing views from historical figures like Frederick Douglass and W.E.B. Dubois, Davis examines the chain of racism, sexism, and political oppression. She speaks of the hidden moral and ethical issues that bring difference within people’s social situations. In the “Abolition Democracy” chapter, she describes the relationship between the production of law and violation of law demonstrated in the United States.
In her book, The New Jim Crow Mass Incarceration in the Age of Colorblindness, Michelle Alexander who was a civil rights lawyer and legal scholar, reveals many of America’s harsh truths regarding race within the criminal justice system. Though the Jim Crow laws have long been abolished, a new form has surfaced, a contemporary system of racial control through mass incarceration. In this book, mass incarceration not only refers to the criminal justice system, but also a bigger picture, which controls criminals both in and out of prison through laws, rules, policies and customs. The New Jim Crow that Alexander speaks of has redesigned the racial caste system, by putting millions of mainly blacks, as well as Hispanics and some whites, behind bars
In the late 19th and early 20th centuries, a large portion of Americans were restricted from civil and political rights. In American government in Black and White (Second ed.), Paula D. McClain and Steven C. Tauber and Vanna Gonzales’s power point slides, the politics of race and ethnicity is described by explaining the history of discrimination and civil rights progress for selective groups. Civil rights were retracted from African Americans and Asian Americans due to group designation, forms of inequality, and segregation. These restrictions were combatted by reforms such as the Thirteenth Amendment, the Fourteenth Amendment, the Fifteenth amendment, the Civil Rights Act of 1964, the Voting Rights Act of 1965, etc. Although civil and political
The United States of America, is known to be one of the richest and most powerful countries in the world. It has often been referred to by many as a global melting pot or as locals may say callaloo, due to the amassing of diverse ethnicities, cultures and nationalities. Within its borders, resides immigrants or descendants of immigrants from almost every region in the world, and each has in some way added to the American culture and way of life. America is known for its stance on freedom, it is a nation that values equality and justice, this can be noted in the last few words of their national anthem ‘indivisible, with liberty and justice for all.’ However, for many, high levels of economic and social inequalities are daily struggles, a battle that has been fought for decades to claim the most basic rights, in the pursuit of achieving the American Dream.
The Rhetorical Strategies of a Latina Judge's Speech To End the Lack of Representation Throughout the diversity in the United States, there is a multitude of factors that underestimate and terminate the presence or idea of women and minorities in government roles. In current times, awareness of gender equality and excluded minorities has rose to an all- time high. Many are advocating that the way our country sees and treats intersectionality needs to change for the better. Judge Sonia Sotomayor is an advocator by spreading this public announcement through a piece of a speech. She discusses the obstacles she and other minorities face to place higher on the social ladder and to be represented during a speech at the Judge Mario G. Olmos Memorial
No idea is more fundamental to Americans ' sense of ourselves as individuals and as a nation than freedom. The central term in our political vocabulary, freedom—or liberty, with which it is almost always used interchangeably—is deeply embedded in the record of our history and the language of everyday life. Before the readings and lectures in this module, I believed the major issues at stake regarding the understandings of American citizenship in the late 1800’s, had much to do with the written laws of the Federal and state government. Based from my previous knowledge, of the Women Suffrage Movement, to the freedom fighters, political and social figurative leaders, to lastly to civil rights, and citizenship, I my assumption of that, was based on written laws that white supremacists, and authoritative figures including the government followed, regardless of their feelings towards justice and equality.
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
Fahad Albrahim Response 1: Review/Summary: “Whiteness as property” is an article written by Cheryl Harris, in which she addresses the subject of racial identity and property in the United States. Throughout the article, professor Harris attempts to explain how the concept of whiteness was initiated to become a form of racial identity, which evolved into a property widely protected in American law (page 1713). Harris tackles a number of facts that describe the roots of whiteness as property in American history at the expense of minorities such as Black and American natives (page 1709). Additionally, Harris describes how whiteness as property evolved to become seen as a racial privilege in which the whites gained more benefits, whether
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
The word citizen is a term that is very fraught and at times contradictory in its underlying meaning and message being shared and shifts throughout the text. Not only does the word Citizen imply various meanings, but as a repetition in the text, the word “you” shifts as well which directly correlates to the theme of the title. A perfect example of you shifting meaning in text from showing that you directly becomes a term relating to an individual being an outsider in a community whereas throughout the text Claudia Rankine uses you as a ideology to show individuality with oneself. An exemplary example of Claudia Rankine's shift with the word you, is a situation in which she addresses you as racial minority and showing a white person on the outside.