Black Americans have a history rooted in the struggle for equality and recognition as members of the American society. Over time, since the creation of the Constitution, blacks have continued to search for their role in America and have gained some formal standards for the black race. Although at the framing of the Constitution, blacks were not given the regard as citizens or even whole people, time progressed and gave way to opportunities to acquire legal aid in the crusade for racial equality. With the ability to utilize the court system, its formalities, and ultimately its power to enact national laws, blacks were able to win civil rights litigations, thus making advancements as a race.
Black American's allegiance to the court system represents their lack of economic and political power and influence (Bell, p.59). From the perspective of Durkheim, the court represents a ritualistic institution that blacks, as well as the American population regard with a since of sacredness(p.63). The court has an underlying function which is to maintain the structure of society thus creating solidarity. And though the major court decisions regarding the treatment of blacks were not the collective sentiment during those times, when the world view is reviewed, with the rise of communism, the idea of a free nation would be impossible with a nation partially practicing human enslavement (Bell, p. 69).
The legacy of slavery and the Constitutional Contradiction are still adversities for black Americans today. With regards to exceptions given to blacks, the need for or the existence of affirmative action constitute justifiable reason to believe that the legacy still exists. In keeping with this sentiment, the lack of property ownership by black Americans uphold the Constitutional Contradiction. With laws made to protect for property owners and their rights, blacks, at the time of the Constitution's inception were not regarded in the makings of this document. Blacks...
Citations: 1. Bell, Derrick. And We Are Not Saved. United States:Basic Books, Inc, 1987.
2. Durkheim, Emile. The Function of the Division of Labour. The Fred Press, 1984.
3. Marx, Karl, Engels. Marx and Engels on Law.:Academic Press, 1979.
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