Bell, via Kagan, on Critical Race Theory: The Constitution Is the Problem

In November 1985, the Harvard Law Review published an article by Derrick Bell that was a “classic” in the development of Critical Race Theory. The article was edited by then-student Elena Kagan, and was cited by Prof. Charles Ogletree in support of her nomination to the U.S. Supreme Court by President Barack Obama in 2010. The article makes clear that Critical Race Theory sees the U.S. Constitution as a form of “original sin”–a view later embraced by Obama as a state legislator, and reflected in his actions and appointments. The following is an excerpt from the non-fiction portion of the article; much of what follows is a fictional story that Bell intended as a parable of racial “fantasy.”

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