"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial struggle that has defined this country. Part IV serves as a summary of the Article highlighting the common feeling that the legal rules reflecting society's attitude on racism have changed again.
John C. Duncan, Jr., The American 'Legal' Dilemma: Colorblind I/Colorblind II--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, 7 Va. J. Soc. Pol'y & L. 315 (2000)