On Racial Entitlements
Supreme Court Justice Antonin Scalia is entirely correct: it is pretty damn difficult to get rid of racial entitlements. Too bad for him, though, that the real racial entitlements Americans should worry about are the exact opposite of what he meant. Whites — not blacks — enjoy racial entitlements, have enjoyed racial entitlements since the founding, and find the guarantee to being entitled forged irrevocably into the Constitution, albeit in passably neutral language. This problem is much, much worse than you might imagine. For an explanation, see Juan F. Perea, "Race and Constitutional Law Casebooks: Recognizing the Proslavery Constitution," Michigan Law Review [Vol. 110,1123 April 2012]. Ostensibly a book review, Perea's essay does an admirable job probing both the extent of our institutional racism and our deficiencies in recognizing it. Scalia, indeed, should be ashamed of himself... If not for his moral cowardice, for his public display of ignorance.