Every once in a while I teach constitutional law, and when I do, I pose to my students the following question: What if the Senate apportioned votes not on the basis of states but on the basis of race? That is, rather than each state getting two votes in the Senate, what if each racial or ethnic group listed in the US Census got two votes instead? Regardless of race, almost all of the students freak out at the suggestion. It’s undemocratic, they cry! When I point out that the Senate is already undemocratic—the vote of any Wyomian is worth vastly more than the vote of each New Yorker—they say, yeah, but that’s different: small states need protection from large […]

Two weeks ago I wrote, “When Steven Spielberg makes a movie about the Holocaust, he focuses on a German. When he makes a movie about abolition, he focuses on a white man. Say what you will, he’s consistent.” My comment was inspired by historian Kate Masur’s excellent New York Times op-ed, which argued that Spielberg’s film Lincoln had essentially left African Americans offstage or in the gallery. In Spielberg’s hands, blacks see themselves get rescued by a savior who belongs to the very group that has ravaged and ruined them. Just as Jews do in Schindler’s List. The difference is that in the case of emancipation, blacks—both free and slave—were actually far more central to the process of their own […]