Sophia Vasquez

In Whiteness as Property, Professor Cheryl I. Harris examines how “whiteness” functions as an exclusive property right in the United States, one that has been legally protected and upheld for a select few. She discusses two landmark cases, Plessy v. Ferguson and Brown v. Board of Education, to demonstrate how legal systems have shaped and maintained the concept of whiteness.
In Plessy, the ruling reinforced the idea that whiteness was a privileged status, making it clear that whiteness was not just a matter of physical appearance, but something more intangible and powerful. This case created a legal protection that effectively upheld racial inequality, even if it did not explicitly define whiteness. Later, Brown v. Board of Education overturned Plessy by declaring segregation in public schools unconstitutional. However, Harris argues that Brown still left ambiguity about what equity really meant in relation to the concept of “whiteness.” By avoiding a clear definition of whiteness, the ruling prevented a broader, more inclusive understanding that might have challenged the racial status quo. This lack of definition allowed systemic inequalities to persist, including in education, where disparities remained even after Brown. Through both these cases, we are able to see the importance and power of ambiguity in law because it creates space to delegitimize people of color and preserve and empower “whiteness”.
Harris also offers a specific definition of Affirmative Action: “a principle, internationally recognized based on a theory of rights and equality…[it] calls for equalizing treatment by redistributing power and resources in order to rectify inequities and to achieve real equality” (1788). This definition expanded my understanding of Affirmative Action. I had often been told it was simply about diversifying spaces, but I had never fully grasped its role in dismantling the systemic exclusion of people of color. Affirmative Action was not just about representation, it was about redistributing power and challenging the foundations of “whiteness.” Although the article was written some time ago, the recent removal of Affirmative Action in higher education highlights how the US continues to protect the exclusivity of “whiteness.” The dismantling of these policies further demonstrates that Affirmative Action was effective in challenging the legitimacy of racial hierarchies and pushing for real equity but the US system did not want that, they wanted a fake bandage.