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14 - “This Is (Not) Who We Are”

Reflections on 1619 and the Search for a Singular Constitutional Identity*

from Part III - American Constitutionalism and Constitutional Identity

Published online by Cambridge University Press:  14 March 2024

Ran Hirschl
Affiliation:
University of Toronto
Yaniv Roznai
Affiliation:
Reichman University, Israel
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Summary

The term “identity” often generates questions about the “essence” of the entity being “identified.” Ascriptions of “identity” become controversial inasmuch as given behaviors or traits are viewed as favorable or unfavorable. Within the United States, the rhetorical trope “this is not who we are” has become almost pervasive upon the occurrence of a regrettable, even heinous, act. President Obama had a particular affinity for the phrase. He suggested, for example, that the vicious racism revealed in the 2015 massacre of African Americans in Charleston, South Carolina was aberrant, revealing nothing essential about American culture. The current debate within the United States about the “1619 Project” is all about constitutional and cultural identity. Its adherents argue that American identity is rooted in the white supremacy instantiated in the practice of slavery, dating back to 1619. Opponents emphasize the 1776 Declaration of Independence, with its proclamation that “all men are created equal” and “endowed” with equal “inalienable rights,” as the key marker of American identity. Slavery, which is conceded to have existed, was simply epiphenomenal; “who we are” is defined by the Declaration. Much is thought to ride on ascribing a particular identity to any given country or, more particularly, its constitution.

Type
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Deciphering the Genome of Constitutionalism
The Foundations and Future of Constitutional Identity
, pp. 179 - 192
Publisher: Cambridge University Press
Print publication year: 2024

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References

Berkin, Carol, Brown, Richard D., Calvert, Jane E., Ellis, Joseph J., Rakove, Jack N., and Wood, Gordon S.. 2021. “On 1619 and Woody Holton’s Account of Slavery and the Independence Movement: Six Historians Respond.” Medium, September 7, 2021. https://medium.com/@RichardDBrownCT/on-1619-and-woody-holtons-account-of-slavery-and-the-independence-movement-six-historians-respond-b43369ad52d7.Google Scholar
Bowie, Nikolas. 2021. “The Contemporary Debate over Supreme Court Reform: Origins and Perspectives.” Presidential Commission on the Supreme Court of the United States, June 30, 2021. www.whitehouse.gov/wp-content/uploads/2021/06/Bowie-SCOTUS-Testimony-1.pdf.Google Scholar
Cover, Robert. 1975. Justice Accused. New Haven: Yale University Press.Google Scholar
Graber, Mark A. 2021. Email to Sanford Levinson, Wednesday, October 6, 2021 10:28:19 PMGoogle Scholar
Hannah-Jones, Nikkole, Roper, Caitlin, Silverman, Ilena, and Silverstein, Jake, eds. 2021. The 1619 Project: A New Origin Story. New York: One World.Google Scholar
Hochschild, Adam. 2023. “History Bright and Dark.” New York Review of Books, May 26, 2023. www.nybooks.com/articles/2023/05/25/history-bright-and-dark-hillsdale-1776-curriculum-1619-project/.Google Scholar
Holton, Woody (@woodyholtonusc). 2021. “The book version of the #1619 Project appears in 76 days. 1 of its central claims – that colonial whites’ rage at the Anglo-African alliance pushed them toward Independence – has been disputed.” Twitter, September 1, 2021. https://twitter.com/woodyholtonusc/status/1433162494571335685?lang=en.Google Scholar
Jacobsohn, Gary Jeffrey. 1984. The Supreme Court and The Decline of Constitutional Aspiration. Pennsylvania: Rowman and Littlefield.Google Scholar
Jacobsohn, Gary Jeffrey. 1994. Apple of Gold: Constitutionalism in Israel and The United States. Princeton: Princeton University Press.Google Scholar
Jacobsohn, Gary Jeffrey. 2006. “Constitutional Identity.” The Review of Politics 68 (3): 361397.CrossRefGoogle Scholar
Kingsley, Patrick. 2023. “He’s 86 and Long Retired. Why Are Israelis Protesting outside His Home?” The New York Times, May 5, 2023. www.nytimes.com/2023/05/05/world/middleeast/aharon-barak-israel-judicial-overhaul.html.Google Scholar
Know Your Meme. n.d. “This Is Not Who We Are.” https://knowyourmeme.com/memes/this-is-not-who-we-are.Google Scholar
Levinson, Sanford. 2016. “What One Can Learn from Foreign-language Translations of the U.S. Constitution.” Constitutional Commentary 31: 5570.Google Scholar
Levinson, Stanford. 2021. “Exhortation, Transformation, and Politics Comment on M. Sandel’s The Tyranny of Merit.” American Journal of Law and Equality 1: 117131.CrossRefGoogle Scholar
Marshall, Thurgood. 1987. “The Constitution’s Bicentennial: Commemorating the Wrong Document?Vanderbilt Law Review 40 (6): 13371342.Google Scholar
Mzezewa, Tariro. 2021. “Alabama Begins Removing Racist Language from Its Constitution.” The New York Times, September 19, 2021. www.nytimes.com/2021/09/19/us/alabama-constitution-racist.html.Google Scholar
The New York Times. 2019. “Letter to The Editor – We Respond to the Historians Who Critiqued The 1619 Project.” Published December 20, 2019. www.nytimes.com/2019/12/20/magazine/we-respond-to-the-historians-who-critiqued-the-1619-project.html.Google Scholar
Phillips, Wendell. 1845. The Constitution a Pro-slavery Compact: Selections From the Madison Papers. New York: The American Anti-Slavery Society.Google Scholar
Roosevelt, Kermit. 2022. The Nation That Never Was: Reconstructing America’s Story. Oregon: Blackstone Publishing.CrossRefGoogle Scholar
Sandel, Michael. 2020. The Tyranny of Meritocracy. New York: Farrar, Straus and Giroux.Google Scholar
Serwer, Adam. 2020. “The Fight Over the 1619 Project Is Not About the Facts.” The Atlantic, December 23, 2020. www.theatlantic.com/ideas/archive/2019/12/historians-clash-1619project/604093/.Google Scholar
Snyder, Bradley. 2022. Democratic Justice: Felix Frankfurter, The Supreme Court and The Making of The Liberal Establishment. New York: W. W. Norton & Company.Google Scholar
Wilentz, Sean. 2028. No Property in Man: Slavery and Antislavery at the Nation’s Founding (Harvard University Press).Google Scholar

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