Racial Union Law, Intimacy, and the White State in Alabama, 1865-1954

ISBN-10: 0472068857

ISBN-13: 9780472068852

Edition: 2008

List price: $31.95
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Description: In November 2001, the state of Alabama opened a referendum on its long-standing constitutional prohibition against interracial marriage. A bill on the state ballot offered the opportunity to relegate the state's antimiscegenation law to the dustbin of history. The measure passed, but the margin was alarmingly slim: more than half a million voters, 40 percent of those who went to the polls, voted to retain a racist and constitutionally untenable law. Julie Novkov's "Racial Union" explains how and why, nearly forty years after the height of the civil rights movement, Alabama struggled to repeal its prohibition against interracial marriage---the last state in the Union to do so. Novkov's compelling history of Alabama's battle over miscegenation shows how the fight shaped the meanings of race and state over ninety years. Novkov's work tells us much about the sometimes parallel, sometimes convergent evolution of our concepts of race and state in the nation as a whole. "A remarkably nuanced account of interlocked struggles over race, gender, class and state power. Novkov's site is Alabama, but her insights are for all America." ---Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania "Hannah Arendt shocked Americans in the 1950s by suggesting that interracial intimacy was the true measure of a society's racial order. Julie Novkov's careful, illuminating, powerful book confirms Arendt's judgment. By ruling on who may be sexually linked with whom, Alabama's courts and legislators created a racial order and even a broad political order; Novkov shows us just how it worked in all of its painful, humiliatingpower." ---Jennifer L. Hochschild, Henry LaBarre Jayne Professor of Government, Professor of African and African American Studies, and Harvard College Professor

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Book details

List price: $31.95
Copyright year: 2008
Publisher: University of Michigan Press
Publication date: 2/21/2008
Binding: Paperback
Pages: 368
Size: 6.00" wide x 8.75" long x 1.00" tall
Weight: 1.188
Language: English

Acknowledgments
The Criminal Ban on Miscegenation as a Contested Site
Regulating Interracial Intimacy and Building the State: Ninety Years of Bounded Development
Antebellum Regulation of Interracial Intimacy
State-Level Political Development and the Construction of Identity
Alabama as a Significant Site
Regulating Interracial Intimacy and the Development of the Supremacist State
Creating a Constitutional Order: 1865-82
Political and Social Upheaval
The Threat of Interracial Relationships
Ellis v. State and the Initiation of the Struggle
Burns v. State and the Interpretive Challenge
Ford, Green, and Hoover: Chipping Away at Burns
Pace and Cox v. State and Pace v. Alabama: Constituting the State
The New Constitutional Order and the Cornerstones of White Supremacy
The Elements of Miscegenation and Its Threat to the Family: 1883-1917
Political Consolidation, the Constitution of 1901, and Supremacist Ideology
Racial Mixing, White Supremacy, and Violence
Evidentiary Considerations and the Elements of Miscegenation
The Relationship between Interracial Intimacy and Adultery or Fornication
Confessing Miscegenation
Establishing Female and Male; Establishing Black and White
Interracial Rape
The Constitutionalization and Formalization of White Supremacy
Litigating Race: 1918-28
Democratic Hegemony in Alabama's Politics
The Birth of a Nation and the Rebirth of the Ku Klux Klan
The Triumph of Eugenics and the Threat of Racial Mixing
Eugenics as an Opportunity for Black Defendants
Metcalf and Rollins: Establishing Whiteness
Reed and Wilson: The Debate Expands
Weaver v. State and the Effort to Achieve Judicial Resolution
The Statutory Redefinition of Race
The Battle over Racial Definition: Resolving Heredity with Common Understandings
Consolidating and Embedding White Supremacy: 1928-40
Politics and Society in Alabama during the Depression
Politics and Race in the Late 1920s and 1930s
Alabama's National Scandals: Scottsboro and Hugo Black
Jesse Williams and the Continued Struggle over Racial Definition
Legitimately Proving the Sexual Act and the Intention behind It: Jackson, Fields, and Murphy
Bailey and Rogers and the Question of Parallel Outcomes
Depression-Era Evidentiary Refinements and the Rationalization of Prejudice
White Power and Public Policy in Testamentary Disputes: 1914-44
Earlier Doctrine Regarding Interracial Transfers of Wealth
Background Legal Principles Governing Challenges to Wills
Allen v. Scruggs: Providing for the Children
Mathews v. Stroud: The Primacy of the Testator's Intentions
Dees v. Metts: Does Public Policy Prohibit Interracial Inheritance?
What about Black Property Owners?
Legitimation and White Male Control over Property
Portraying the Static State: 1941-54
Politics and the Hesitant New Progressivism
War and Its Implications
Early Stirrings of the Civil Rights Movement
Framing Relationships and Avoiding Racialized Debate: Jordan, Brewer, and Gilbert
The Necessity of Proving Intercourse: Griffith
Agnew and the Court's Final Word on the Problem of Prejudice and Racial Definition
Constitutional Challenges Arise Again: Jackson and Rogers
The State Courts' Final Words on Miscegenation
Race and the Legacy of the Supremacist State
The Demise of Criminal Sanctions against Interracial Intimacy
Alabama's Final Repudiation of the Formal Ban on Interracial Marriage
The Ban on Interracial Intimacy and the Construction of Race and Gender
The Ban on Interracial Intimacy and the Process of State Building
The Law and Its Agents
Afterword: The Analogy between Bans on Interracial Marriage and Same-Sex Marriage-A Usable Past?
What Work Can the Analogy Do?
Bibliography
Index
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