Allow Me to Retort: A Black Guy’s Guide to the Constitution

An irreverent refutation of a document many profess to revere.

Mystal, an analyst at MSNBC and legal editor for the Nation, reads the Constitution from the point of view of a Black man keenly aware of the document’s origins in a slaveholding nation. “It is a document designed to create a society

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of enduring white male dominance,” he writes, “hastily edited in the margins to allow for what basic political rights white men could be convinced to share.” As the author abundantly demonstrates, people of color and women have always been afterthoughts, and recent conservative applications of constitutional doctrine have been meant to further suppress the rights of those groups. “The law is not science,” writes the author, “it’s jazz. It’s a series of iterations based off a few consistent beats.” Conservative originalists know this, but they hide their prejudices behind the notion that the text is immutable. Mystal shows how there’s plenty of room for change if one follows a rule hidden in plain sight: “There’s no objective reason that the Ninth Amendment should be applied to the states any less robustly than the Second Amendment. The only difference is that the rights and privileges that the Ninth Amendment protects weren’t on the original white supremacist, noninclusive list.” Article by article, amendment by amendment, Mystal takes down that original list and offers notes on how it might be improved as a set of laws that protect us all, largely by rejecting conservative interpretations of rights enumerated and otherwise. Although he writes offhandedly at times and certainly off-color at others—“Being an asshole is not a protected class, which is lucky because I discriminate against them all the time”; “ammosexual is the scientific categorization for a person who fetishizes firearms and can’t win at Scrabble”—it’s eminently clear that the author knows his constitutional law and history inside and out. There’s something to learn on every page.

A reading of the Constitution that all social justice advocates should study.

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