Black, White and Everything In Between With David Bernstein (S3 Ep.25)
Aug 8, 2022
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David Bernstein, Professor at George Mason University Law School and executive director of their Liberty and Law Centre, discusses the definition of race, problems with racial categorization, race-based affirmative action, racial fraud trials, malleability of racial identity, and the prospect of 'a separation of race and state'
The classification of Asian American and Pacific Islander fails to accurately represent the diverse groups within this category.
The classification of American Indian and Alaskan Native is complex and inconsistent, leading to difficulties in determining eligibility for protections and benefits.
The Black African American category still follows historical concepts of race, with subjective definitions and a lack of recognition for multiracial identities.
Deep dives
Arbitrary Classification of Asian Americans and Pacific Islanders
The Asian American and Pacific Islander category is an arbitrary classification that does not align with the geographical boundaries of Asia. It lumps together diverse groups with different languages, cultures, and socioeconomic statuses. The classification also fails to include certain groups, such as Middle Easterners and non-Spanish speaking individuals from Spain, Portugal, and Brazil. This broad categorization overlooks the significant internal diversity within the Asian American and Pacific Islander community and can mask disparities among different subgroups.
Complexities in Defining American Indian and Alaskan Native
The classification of American Indian and Alaskan Native is fraught with complexities. There are conflicting definitions that determine who qualifies as a member of this group, including tribal membership, blood quantum, cultural affiliation, and official recognition by the Bureau of Indian Affairs. These varying criteria create inconsistencies in identifying individuals who are eligible for federal protections, benefits, and rights. The classification fails to capture the diversity within Native populations, and the criteria used can be arbitrary and subjective.
Arbitrariness and Contradictions in the Black African American Category
The Black African American category carries historical roots from slavery and the one-drop rule, which classified individuals with any African ancestry as black. Today, the classification still follows the concept of descent from the black races of Africa. However, the definition of who qualifies as black can be subjective and varies based on self-identification or official recognition. Additionally, the absence of a multiracial category can lead to individuals with mixed black and white ancestry identifying solely as black, due to the societal benefits and opportunities associated with this classification.
The Complexities and Inconsistencies of the Hispanic Category
The Hispanic category is an ethnicity rather than a race and is intended to encompass individuals with Spanish-speaking backgrounds. However, this classification presents several complexities and contradictions. Firstly, individuals from Spain, a European country, are considered Hispanic, while Brazilians and Portuguese individuals are not. Consequently, the category does not align with the actual geographical or linguistic origins of the population it seeks to represent. Moreover, the concept of Hispanic fails to capture the diverse cultures, histories, and ethnic backgrounds of the various Spanish-speaking countries, and the classification is often regarded as arbitrary and not self-identified by a significant portion of the population.
The Flawed Classification of American Indians and Hispanics
The classification of American Indians as a distinct group in the United States is limited to North American Indians, excluding indigenous people from Latin America, while Hispanics are classified separately. This classification is driven by lobbying efforts by American Indian groups to limit the resources of the Bureau of Indian Affairs to North American Indians. This creates a situation where someone with 1/5238th Indian descent can be a member of the Cherokee tribe, while a 100% indigenous Mexican may not be classified as Indian, but as Hispanic.
The Inherent Problems of Racial and Ethnic Classification
Racial and ethnic classification in the United States is arbitrary and flawed, leading to absurd and unjust outcomes. The current system incentivizes people to identify with certain categories in order to gain privileges and benefits, while the boundaries of these categories are constantly contested and expanded. Attempts to rectify these issues, such as creating more objective color-based systems, face significant challenges and resistance. The author argues for the separation of race and state, advocating for a race-neutral approach and focusing on non-racial classifications, such as American descendants of slaves and Native Americans, to address historical injustices and redistributive goals.
Topics covered in this episode include the definition of race and the historical origins of America's Big Five racial and ethnic categories, which are Asian American, Black, Hispanic, American Indian, and White. We discuss the problems with all of these categories and how those problems manifest in race-based affirmative action programs and race-based social spending in general. We talk about the phenomenon of racial fraud trials where judges have to determine the race of individuals seeking to qualify for certain programs. We discuss the malleability of racial identity, and how commonly our racial identities can change in response to incentives. We also go on to discuss the prospect of what David calls "a separation of race and state".
I really enjoyed this conversation and I hope you do too.
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