Constitutional Protection and the Dynamic of Difference

In American law and culture, the presumption is that the Constitution’s guarantees of due process and equal protection will effectively rid society of racial discrimination. In fact, however, the “dynamic of difference” inherent to all colonial relations persists. This chapter considers how the plenary power doctrine, equal protection jurisprudence, and the presumptive goal of assimilation into the dominant society all contribute to the maintenance of structural racism.