Bell, via Kagan, on Critical Race Theory: The Constitution Is the Problem

Big Government ^ | 3/11/12 | Joel B. Pollak

[Nachum]

In November 1985, the Harvard Law Review published an article by Derrick Bell that was a "classic" in the development of Critical Race Theory. The article was edited by then-student Elena Kagan, and was cited by Prof. Charles Ogletree in support of her nomination to the U.S. Supreme Court by President Barack Obama in 2010. The article makes clear that Critical Race Theory sees the U.S. Constitution as a form of "original sin"--a view later embraced by Obama as a state legislator, and reflected in his actions and appointments. The following is an excerpt from the non-fiction portion of the article; much of what follows is a fictional story that Bell intended as a parable of racial "fantasy." (99 Harv. L. Rev. 4)

At the nation's beginning, the framers saw more clearly than is perhaps possible in our more enlightened and infinitely more complex time the essential need to accept what has become the American contradiction. The framers made a conscious, though unspoken, sacrifice of the rights of some in the belief that this forfeiture was necessary to secure the rights of others in a society embracing, as its fundamental principle, the equality of all. And thus the framers, while speaking through the Constitution in an unequivocal voice, at once promised freedom for whites and condemned blacks to slavery....

[Nachum]

Drip, drip, ...drip

[Nachum]

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Derrick Bell File

http://www.nachumlist.com/bell.htm

[BenLurkin]

[BenLurkin]

condemned blacks to slavery

Wonder if Kagan has ever heard of Crispus Atticks.

[BenLurkin]

effective remedies for harm attributable to discrimination in society in general will not be granted to blacks if that relief involves a significant cost to whites.

A bold assertion but...aren't lawyers supposed to back up their asertions with case law? Or evidence of some kind?

[cripplecreek]

Madison would kick Bammy's ass.

What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not that his plans may be rendered unlawful before they can be executed?

-James Madison

[vanilla swirl]

add me to your list please!

[Clintonfatigued]

One Supreme Court justice (Ruth Ginsburg) says that South Africa’s Constitution is better than ours. Now it turns out that Obama’s second Supreme Court appointment thinks that the Constitution is a problem to be dealt with. Why didn’t that come out during her confirmation hearing?

[JudgemAll]

Obama is going to insure the type of tyranny that will destroy black people back to worse than slavery.

[Jacquerie]

As opposed to the dreams of later Utopians, our Framers met to form a government, one that could pass their collective muster and the people of the thirteen States.

They did not meet to create Heaven on earth. Thank goodness.

[antidemoncrat]

If we fired everyone in office who swore to uphold and defend the Constitution and then did just the opposite, Washington DC would be a ghost town.

[GlockThe Vote]

My hatred of these communists is beyond words. FFFUUUBBBOOO!!!

FFFFUUUEEEKKK!!!

[cripplecreek]

If we fired everyone in office who swore to uphold and defend the Constitution and then did just the opposite, Washington DC would be a ghost town.

I'm game.

[GILTN1stborn]

what a bunch of fluken' psychobabble BS!

please add me to you ping list

[PGR88]

I have a theory about Obama

it’s called “critical ass theory.”

[pops88]

Thank you for reminding me to take my blood pressure medicine.

[Roklok]

“One Supreme Court justice (Ruth Ginsburg) says that South Africa’s Constitution is better than ours. Now it turns out that Obama’s second Supreme Court appointment thinks that the Constitution is a problem to be dealt with. Why didn’t that come out during her confirmation hearing?”

It would not matter if this was brought up. She would have lied!

[skinkinthegrass]

these two are complete fools (professor & student)
the "professor" never should have received tenure
& the student failed....reprimanded.

[skinkinthegrass]

"I have a theory about Obama
it’s called “critical ass theory."or I'll screw the country (economy/deficit $$$$/corruption) and take as many
golfing/vacations possible...but, your theory is valid, too. :-)

[Travis McGee]

Yep, we just need to get rid of that pesky Constitution all those bitter clingers still worship.

Hell, let’s just get rid of the bitter clingers.

Next stop, Ameritopia!