"Our constitution is color-blind, and neither knows nor tolerates classes among citizens"
About this Quote
“Our constitution is color-blind” is the kind of clean, hard-edged moral language that tries to do two jobs at once: shame a racist status quo and lay down a legal principle sturdy enough to outlive it. Harlan, writing as a judge in the aftermath of Reconstruction’s collapse, isn’t describing America as it is. He’s drafting America as it should be, using the Constitution as both weapon and alibi. The line’s power comes from its audacity: in an era when law was actively engineering racial hierarchy, he insists the nation’s founding document can be read as refusing to see race at all.
The subtext is strategic. “Neither knows nor tolerates classes among citizens” frames segregation not merely as cruelty, but as a constitutional category error. It recasts Jim Crow as an illegitimate caste system, smuggling the moral horror of aristocracy into an American legal culture that prides itself on formal equality. Harlan’s diction is absolutist, almost liturgical, because absolutism is the point: if equality is negotiable, it’s already lost.
Context complicates the halo. This is Harlan’s famous dissent in Plessy v. Ferguson (1896), a lonely refusal of “separate but equal.” The “color-blind” ideal would later be repurposed in modern jurisprudence to attack race-conscious remedies as well as race-based oppression. That afterlife doesn’t erase Harlan’s intent, but it reveals the risk baked into the rhetoric: when you treat race as legally invisible in a society built on racial advantage, neutrality can become a way to protect the winners.
The subtext is strategic. “Neither knows nor tolerates classes among citizens” frames segregation not merely as cruelty, but as a constitutional category error. It recasts Jim Crow as an illegitimate caste system, smuggling the moral horror of aristocracy into an American legal culture that prides itself on formal equality. Harlan’s diction is absolutist, almost liturgical, because absolutism is the point: if equality is negotiable, it’s already lost.
Context complicates the halo. This is Harlan’s famous dissent in Plessy v. Ferguson (1896), a lonely refusal of “separate but equal.” The “color-blind” ideal would later be repurposed in modern jurisprudence to attack race-conscious remedies as well as race-based oppression. That afterlife doesn’t erase Harlan’s intent, but it reveals the risk baked into the rhetoric: when you treat race as legally invisible in a society built on racial advantage, neutrality can become a way to protect the winners.
Quote Details
| Topic | Equality |
|---|---|
| Source | Plessy v. Ferguson, 163 U.S. 537 (1896), dissenting opinion of Justice John Marshall Harlan. |
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