Say it loud! On race, law, history, and culture

Randall Kennedy, 1954-

Book - 2021

"A gathering of essays by the acclaimed Harvard legal scholar and public intellectual, that explores all the relevant cultural and historical issues of the past quarter century having to do with race and race relations in America. With a gimlet eye, decency and humaneness (and often courting controversy), Randall Kennedy chronicles his reactions over the past quarter century to arguments, events, and people that have compelled him to put pen to paper. Three beliefs that are sometimes in tension with one another infuse these pages. First, a massive amount of cruel racial injustice continues to beset the United States of America, an ugly reality that has become alarmingly obvious with the ascendancy of Donald J. Trump and the various pol...itical, cultural, and social pathologies that he and many of his followers display and reinforce. Second, there is much about which to be inspired when surveying the African American journey from slavery to freedom to engagement in practically every aspect of life in the United States. Third, an openness to complexity, paradox, and irony should attend any serious investigation of human affairs. Kennedy has tried to allow that sensibility ample leeway in the essays, prompting within himself surprise, ambivalence, and, on several occasions, a heartfelt need to express apology for prior oversights and mistaken judgments. Say It Loud! is nothing less than Randall Kennedy's magnum opus"--

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Subjects
Genres
Essays
Published
New York : Pantheon Books 2021.
Language
English
Main Author
Randall Kennedy, 1954- (author)
Edition
First edition
Physical Description
xiii, 510 pages ; 25 cm
Bibliography
Includes bibliographical references (pages 451-489) and index.
ISBN
9780593316047
  • Preface
  • 1. Shall We Overcome? Optimism and Pessimism in African American Racial Thought
  • 2. Derrick Bell and Me
  • 3. The George Floyd Moment: Promise and Peril
  • 4. Isabel Wilkerson, the Election of 2020, and Racial Caste
  • 5. The Princeton Ultimatum: Antiracism Gone Awry
  • 6. How Black Students Brought the Constitution to Campus
  • 7. Race and the Politics of Memorialization
  • 8. The Politics of Black Respectability
  • 9. Policing Racial Solidarity
  • 10. Why Clarence Thomas Ought to Be Ostracized
  • 11. Say It Loud! On Racial Shame, Pride, Kinship, and Other Problems
  • 12. The Struggle for Collective Naming
  • 13. The Struggle for Personal Naming
  • 14. "Nigger": The Strange Career Continues
  • 15. Should We Admire Nat Turner?
  • 16. Frederick Douglass: Everyone's Hero
  • 17. Anthony Burns and the Terrible Relevancy of the Fugitive Slave Act
  • 18. Eric Foner and the Unfinished Mission of Reconstruction
  • 19. Charles Hamilton Houston: The Lawyer as Social Engineer
  • 20. Remembering Thurgood Marshall
  • 21. Isaac Woodard and the Education of J. Waties Waring
  • 22. J. Skelly Wright: Up from Racism
  • 23. On Cussing Out White Liberals: The Case of Philip Elman
  • 24. The Civil Rights Act Did Make a Difference!
  • 25. Black Power Hagiography
  • 26. The Constitutional Roots of "Birtherism"
  • 27. Inequality and the Supreme Court
  • 28. Brown as Senior Citizen
  • 29. Racial Promised Lands?
  • Acknowledgments
  • Notes
  • Index
Review by Publisher's Weekly Review

A middle path through America's racial turmoil is mapped in these trenchant essays. Harvard Law professor Kennedy (For Discrimination) updates previously published pieces that survey hot-button issues and enduring controversies involving race and the law, including the George Floyd protests, campus movements to remove memorials to racists, moral questions surrounding Nat Turner's bloody 1831 insurrection against Virginia slaveholders, the legacy of Brown v. Board of Education, and the tension between integrationism and separatism in Black social thought. It's a wide-ranging volume that explores constitutional law; harrowing cases of racial oppression; pioneering figures such as Supreme Court justice Thurgood Marshall, for whom Kennedy clerked; the rise of "distinctively Black names"; and the influential ideas of segregationist George Wallace and Black nationalist Elijah Muhammad. Stoutly defending his centrist stance on race against excesses of the right and left, Kennedy revisits his family's struggles with racism and tartly dismisses conservative Justice Clarence Thomas as "a Republican apparatchik skilled in bureaucratic self-promotion and the advancement of retrograde policies," but pushes back against critical race theory in legal studies, speech restrictions (he enunciates the N-word "in full and out loud" in classroom discussions of inflammatory speech), and abolition of the police. In a time of polarized racial politics, Kennedy's closely reasoned and humanely argued takes offer an appealing alternative. (Sept.)

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Review by Kirkus Book Review

A collection of essays on Black politics and history by a noted legal scholar. Early on, Harvard Law School professor Kennedy observes that "social relations are complex and messy." This is true, and people are complex and messy as well. One of Kennedy's subjects, for example, is Frederick Douglass, who transformed himself from "racial pessimist" to "the most remarkable racial optimist in American history," having first viewed the Constitution as a thinly disguised instrument of slavery and then taken the view that, under the influence of William Lloyd Garrison, the document was actually anti-slavery in nature, at least in part. Language changes, too. Having lived through several eras, Kennedy calls himself a "Black/Negro/Colored/African American" man born in the year of Brown v. Board of Education. In an essay that is certain to raise consternation among some readers, Kennedy defends the use of the N-word "for pedagogical purposes," writing, "I am simply unwilling to defer to arbiters of opinion who, armed with superficial knowledge, rigidly insist that this or that term is correct or incorrect in the face of a rich and complicated historical record that reveals a wide pattern of usages." He adds that a lawyer distracted by the ugly language of the N-word or similar racial slurs "is a lawyer with a gaping vulnerability." Other pieces that are less likely to invite debate concern the role of policing in Black neighborhoods. In Kennedy's view, the problem is less the police per se than "poorly regulated police" whose role is to threaten and control more than to protect and serve. Some of the pieces are of a historical survey nature: telling readers who Elijah Muhammad was, reviewing the runaway slave law of the pre--Civil War era, and so forth. They are less memorable than the author's denunciations of "antiracism gone awry" and small-step racial justice laws that "are attentive to the pluralism that infuses American practices." Sometimes contrarian, sometimes controversial, Kennedy's arguments merit consideration in a riven discourse. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.

1. Shall We Overcome? Optimism and Pessimism in African American Racial Thought Take courage . . . ye Afric-Americans! Don't give up the conflict, for the glorious prize can be won. --Peter Osborne (1832) In the quest for equality, black folks have tried everything. We've begged, revolted, entertained, intermarried, and are still treated like shit. Nothing works, so why suffer the slow deaths of toxic addiction and the American work ethic when the immediate gratification of suicide awaits? --Paul Beatty (1996) Within the diverse, always-changing spectrum of black American racial thought can be discerned two broad camps: the optimists and the pessimists--those who believe that blacks are (or can become) members of the American family and those who believe that blacks will always be outsiders; those who predict that we shall overcome and those who conclude that we shall not. I The fight at the founding of what became the United States of America made blacks think about and act upon which outcome would offer a better future: a victory for the colonists with their libertarian rhetoric and entanglement with slavery, or a victory for the Crown, which was, in principle, indifferent to slavery but will­ing to free the colonists' bondsmen as a war measure. story of blacks making common cause with the rebels, hoping to elicit a recognition of African American contributions to the nation's founding in order to gain better treatment. Consider William Nell's Colored Patriots of the American Revolution published in 1855. Nell sought to use the memory of Crispus Attucks and other blacks who fought with the rebels to obtain from whites some measure of respect for colored folks whose forebears had helped the colonies secure independence. It should therefore come as no surprise that Nell ignored the blacks who fled to and fought for the British. Pessimistic about their prospects in an America ruled by rebellious slaveholders, many slaves deserted their masters, including some of the most eminent of the Found­ing Fathers. Slaves fled George Washington and Thomas Jeffer­son, as well as James Madison and Patrick Henry. The British offered freedom to slaves who took up arms for King George. About fifteen thousand did so, while about twenty thousand fought alongside the colonists. One who joined the Brit­ish was a New Jerseyan named Titus. When he learned in 1775 of the British proclamation promising freedom in exchange for assistance in quashing the rebellion, Titus headed south to seek liberation. Three years later he returned to New Jersey, bearing the name Colonel Tye and leading a band of fighters who struck fear into the ranks of rebel colonists. We know little about Col­onel Tye's motivations. It is certainly plausible, however, that a driving factor was outrage at people like Thomas Jefferson who championed "freedom" while simultaneously endorsing legisla­tion to provide slaves as compensation to colonial rebel soldiers. After the Revolution, several observers concluded that Euro-Americans and Afro-Americans would never be able to coexist as equals. Thomas Jefferson held this view, declaring, "The two races, equally free, cannot live in the same government." Asked why he disfavored efforts to incorporate blacks into the polity, Jef­ferson answered, Deep rooted prejudices entertained by the whites; ten thousand recollections by the blacks, of the injuries they have sustained; new provocations; the real distinctions which nature has made; and many other circumstances will divide us into parties, and produce convulsions, which will probably never end but in the extermination of the one or the other race. Alexis de Tocqueville's prediction was similarly bleak. In Democracy in America he forecast that the racial oppression of blacks would remain a salient feature of American society even after the abolition of slavery. "I do not believe," he wrote, "that the white and black races will ever live in any country upon an equal footing. But I believe the difficulty to be still greater in the United States than elsewhere." Why this distinction? In America, he observed, "the abstract and transient fact of slavery is fatally united with the physical and permanent fact of color. The tradi­tion of slavery dishonors the race, and the peculiarity of the race perpetuates the tradition of slavery." Tocqueville believed that slavery had forever poisoned relations between black and white. "You set the Negro free," he writes, "but you cannot make him otherwise than an alien to the European." Furthermore, he main­tained that the baleful effects of slavery would persist not only in the South (where slavery was most deeply entrenched), and not only in the Northeast (where abolition gradually prevailed in the three decades prior to Tocqueville's visit), but also in those areas of the country where slavery had never taken root: Slavery recedes, but the prejudice to which it has given birth is immovable. . . . [I]n those parts of the Union in which the Negroes are no longer slaves they have in no wise drawn nearer to the whites. On the contrary, the prejudice of race appears to be stronger in the states that have abolished slavery than in those where it still exists; and nowhere is it so intolerant as in those states where servitude has never been known. An important institutional manifestation of such pessimism was the American Colonization Society (ACS), which sought to send free blacks to Africa. The ACS included among its members scores of prominent figures including James Monroe, Bushrod Washington, Andrew Jackson, Francis Scott Key, Daniel Web­ster, and Henry Clay. Most members of the ACS were support­ers of slavery and viewed free blacks as negative role models. A few, however, were genuinely sympathetic to free blacks. They championed colonization in part because they hoped it would put blacks beyond the deadening grip of antagonistic whites. In Africa they could rule themselves. Swayed by this prospect of self-rule, some free blacks were initially drawn to colonization. Its attractiveness waned, however, when free blacks became further acquainted with Negrophobes such as Henry Clay who maintained approvingly that coloniza­tion would "rid our country of a useless and pernicious, if not dangerous, portion of its population." After learning more about the ACS, free blacks turned against it en masse, asserting their rootedness in and fidelity to the United States. A few blacks, however, continued to support colonization. Among them was the remarkable Paul Cuffe. A sea captain, abolitionist, and businessman, Cuffe wanted blacks to return to Africa because he thought that they would never "rise to be a people" until they had their own nation. Another black colo­nizationist was Newport Gardner, a former slave who had luck­ily been able to purchase freedom for himself, his wife, and his children. Gardner lived a charmed life for an African American in the early days of the nation, supporting himself from money he earned through music lessons and royalties from musical compo­sitions. He was an officer in the Free African Union Society and a sexton of the First Congregational Church in Newport, Rhode Island. Still, in 1826, at the age of eighty, Gardner felt impelled to immigrate to Liberia, accompanied by two dozen black Rhode Islanders including one of his sons. "I go," he remarked as he boarded a ship, "to set an example to the youth of my race. . . . They can never be elevated here. I have tried for sixty years--it is in vain." Between 1820 and 1840 as many as ten thousand blacks immi­grated to Liberia, Canada, and Haiti. Some who had previously eschewed emigration came to embrace it under the pressure of unremitting Negrophobia. The Reverend Henry Highland Gar­net had opposed colonization, ignoring "the harp-like strains that whisper freedom among the groves of Africa . . . while three millions of my country are wailing in the dark prison-house of oppression." By the 1850s, however, he had reconsidered. "My mind of late has greatly changed in regard to the American Colo­nization scheme. I would rather see a man free in Liberia than a slave in the United States." Despair was the sentiment from which emigration sprang. It is on vivid display in Martin R. Delany's Condition, Elevation, Emi­gration, and Destiny of the Colored People of the United States. "Our common country," Delany wrote, "is the United States. Here we were born, here raised . . . here are the scenes of childhood . . . the sacred groves of our departed fathers and mothers. . . . [W]e love our country, dearly love her. [But she doesn't] love us--she despises us, and bids us begone." No act of the U.S. government crystallized more vividly its rejection of blackness than the U.S. Supreme Court's 1857 ruling in Dred Scott v. Sandford. The Court held, among other things, that blacks were ineligible for federal citizenship. It concluded that blacks were not a part--and could never be a part--of the national political family, that blacks could never actually become African Americans, that all that they could ever be were Africans in America. Chief Justice Roger Taney's portrayal of a racist Constitution ratified the view of Negrophobes and was lauded by them. There were some racial egalitarians, however, who also agreed with Taney's interpretation descriptively, though they found it to be morally appalling. One was William Lloyd Garrison, the indefati­gable abolitionist editor of The Liberator. It was precisely because Garrison agreed with Taney's portrayal of the Founders that he scorned the Constitution, deemed it illegitimate, and argued that it ought to be disobeyed or destroyed. The Constitution was, he maintained, a "covenant with death," "an agreement with Hell," a "heaven-daring arrangement" that "will be held in everlasting infamy by the friends of justice and humanity throughout the world." Frederick Douglass, Garrison's extraordinary protégé, ini­tially echoed his mentor's position. He, too, damned the American government and its Constitution, declaring, I have no patriotism. I have no country. . . . The only thing that links me to this land is my family, and the pain­ful consciousness that here there are three millions of my fellow-creatures, groaning beneath the iron rod of the worst despotism ever devised. . . . I cannot have any love for this country or for its Constitution. I desire to see its overthrow as speedily as possible, and its Constitution shivered into a thousand fragments. Abraham Lincoln's assessment of the Constitution was very different: he revered it. But like Cuffe, Tocqueville, Jefferson, and the early Frederick Douglass, Lincoln was a racial pessimist. During his famous debates with Senator Stephen A. Douglas, Lin­coln repeatedly eschewed the possibility or advisability of racial equality in America. "I am not in favor of negro citizenship," Lincoln declared on September 18, 1858. In that same debate he averred, I am not, nor ever have been in favor of bringing about in any way the social and political equality of the white and black races. . . . I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical differ­ence between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. ### Excerpted from Say It Loud!: On Race, Law, History, and Culture by Randall Kennedy All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.