Andrew Kull on the Color-Blind U.S. Constitution

By | November 2, 2022

[November 2, 2022]  Andrew Kull, a distinguished Senior Lecturer at the University of Texas at Austin School of Law, is a distinguished author.  In 1998 he published one of my favorite “intellectual” books of the 90s, The Color-Blind Constitution, which can be appropriately labeled a terrific book.  In his book, he lays out the history of how Americans fought segregation (from 1840 to 1960) and that it was not the business of the government sorting its citizens by the color of their skin.

“During these years, the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement.”

Yet, the current debate over race, discrimination, and racism has blocked our color-blind, antidiscrimination view of our nation’s founding.  Andrew Kull believes that the foundational argument that our Constitution protects our civil rights has been lost.  This is a damning conclusion, and not one quickly defended.  But Andrew Kull does just that.

He provides us with the previously unwritten history of the color-blind idea.  From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan’s famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution.

“In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle.”

Our social upheaval of the 1960s put the color-blind Constitution out of reach … until now.

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Author: Douglas R. Satterfield

Hello. I'm Doug and I provide at least one article every day on some leadership topic. I welcome comments and also guests who would like to write an article. Thanks for reading my blog.

22 thoughts on “Andrew Kull on the Color-Blind U.S. Constitution

  1. Billy Kenningston

    Wait until the US Supreme Court overturns Affirmative Action and see heads explode when they can have racist policies any more.

    Reply
  2. Pen Q

    Of course our entire discourse should be “color blind.” How else to have a functioning society without corruption. The problem is that those who accuse America and the West of being oppressive are the very ones doing the oppression and card tricks.

    Reply
  3. Mr. T.J. Asper

    I never heard of Andrew Kull before …. yes, i will confess my ignorance about not know him. His book is a bit old but I’m sure his words are prescient enough for us all.

    Reply
    1. Janna Faulkner

      Hi Mr. TJ. I hope your High School classes are going better this academic year. The kind of ideas I discover on this leadership blog by Gen. Satterfield help me overcome the Twitter fans of the neo-Marxism that we hear so much about today.

      Reply
      1. Big Al

        Twitter is going to be open soon now that Elon Musk owns it (er, them).

        Reply
  4. Doug Smith

    “In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle.” — Andrew Kull ….. POW

    Reply
  5. Harold M. Smith II

    Another excellent article to enlighten us. I wish I knew more. 😊

    Reply
    1. USA Patriot II

      Right Harold. But it is up to those of us to shoulder more responsibility and get our butts out there to destroy the liberal, progressive arguments that tyranny is better than democracy. Vote REPUBLICAN always. Never vote for a dummocrat.

      Reply
      1. 76 Wife

        USA Patriot, you took my words right out of my mouth. While I was drinking my morning tea (coffee later), I opened my computer and went straight to Gen. Satterfield’s leadership blog. Loving all that I read here. We are all like minded so we need to be careful not to become an echo chamber of stale ideas like those of the whacko liberal basement-dwelling, anti-Americans we see so much of.

        Reply
  6. Julia

    If you get a chance, read more about Andrew Kull and his books. Great stuff. I stud

    Reply
  7. Oakie from OK

    Of course, the Constitution should be color-blind and blind to other forms of inborn traits but liberals have changed that to mean the Constitution is racist and thus destroyed. They want tyranny because they want to be in power over us all.

    Reply
    1. Dennis Mathes

      Yeah, Oakie. I think we’ve hammered that idea enough here on this leadership forum. I guess my question to us all is “What are we going to do about it?”

      Reply
      1. Max Foster

        We we do about the hyper-partisan Marxists in our mist (some have no idea they are Marxists or its history) is mostly defeating them in the arena of ideas. I know that is an old idea. But it will work but you just can’t sit back and take their Marxism. That is how Marxism works, it appeals to those who don’t work but sit around doing nothing so they have the time while the rest of us have jobs, family, church, community service to do.

        Reply
        1. catorenasci

          Excellent comment. Gen. Satterfield has given us this forum to discuss, so let us all discuss it.
          Oh, BTW, I got my copy of his book and enjoying it greatly.
          Be sure to get your own copy of ’55 Rules for a Good Life’ …. you will love it too.

          Reply
    2. Boy Sue

      I think the main effort we should be making is a new STRATEGY to crush the neo-Marxists who regurgitate this garbage.

      Reply

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