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What Blood Won't Tell: A History of Race on Trial in America

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Overview

Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity.

Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character.

Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.

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Editorial Reviews

Salon.com

Gross' book, a history of cases in which people have challenged their official racial designation, eloquently demonstrates just how difficult it can be to say what race—mine, yours, anybody's—actually consists of...What Blood Won't Tell is largely a catalog of delusions and the strategies by which Americans tried to prop up those delusions in courts of law...The very fact that some people with African "blood" (not a biologically valid concept, but a common term, then and now) could pass themselves off as white betrayed the reality; blacks, whites and Indians had been marrying, having sex and producing mixed-race children from the very beginning...A book like What Blood Won't Tell—which is, after all, a history, not a prescription—may not offer much that's usable as a guide to the future. But it does provide us with plenty of evidence of how badly we can and have screwed up, and how much imagination and determination it will take to do it better.
— Laura Miller

Bookforum

Argues forcefully that, for all the progress our public life has made toward the formal semblance of racial equality, the history and legal armature of white racism are much more stubborn, institutionalized features of our common life than a single presidential election, no matter how groundbreaking, can wipe away...Gross maps, through countless twists and turns, the extraordinary legal fictions enlisted to keep the formal workings of racial privilege on track. [The book] serves as a bracing reminder that "postracial politics," however captivating it may be as a catchphrase, is very nearly an oxymoron in American life.
— Brian Gilmore

Booklist

Challenging the presumption of many scholars of the dominance of the "one-drop" rule in conferring black status, Gross argues that despite the rule, in court and by custom, racial boundaries were much more fluid and flexible—yet, primarily in the service of white supremacy...Gross also reflects on how this history of race determination fits into current efforts at a "color-blind" approach that ignores the significance of race in American culture.
— Vernon Ford

Curled Up with a Good Book

What Blood Won't Tell chronicles the history of efforts to determine racial identity in the courts. Seldom, if ever, does science enter into the effort; rather, attorneys and others turn their attention to the evidence of skin color, social behavior, cultural customs, and other subjective and changeable evidence. The only thing that remains constant is the underlying assumption that white equals "full social and political citizenship" while anything else is inferior, less-than, and undeserving of Constitutional protection...The overriding opinion was that it's best to be white, but if you can't manage that, just don't be black. This shameful and ignorant American caste system is still as deeply entrenched in the nation's consciousness as ever, it seems...What Blood Won't Tell turns out to be a riveting overview of legal decisions regarding race and freedoms and a dizzying look at the insanity of social hierarchy and its ongoing impact on social development.
— Deborah Adams

Choice

Gross [has written] an amazing book that addresses the relationship between race and citizenship in the U.S. Gross's presentation is both detailed and complex. The first half is devoted to establishing the role race and racism have played within the history and law of the U.S., as well as further developing the rich literature within whiteness scholarship. The strength of her argument lies in her ability to inject specific examples, oftentimes cases from the 19th century, into her whiteness discussions. The second half is equally impressive. Here Gross utilizes critical race theory to discuss black Indian identity, race in Hawaii, and other contemporary issues. This book is innovative, accessible, and valuable for undergraduates, graduates, and laypeople interested in a deep conversation on race and history.
— A. R. S. Lorenz

author of Inhuman Bondage: The Rise and Fall of Slavery in the New World - David Brion Davis
What Blood Won't Tell brings us at long last a brilliant analysis of the changing meanings of race in American law from the colonial era to the present. It will be indispensable for any informed discussions of a subject that lies at the very core of both American history and identity.
Patricia J. Williams
This exquisite inquiry into the complex and shifting ways in which the 'black-white' divide has been marked over the last three centuries excavates the deep roots of racial identification.
Salon.com - Laura Miller
Gross' book, a history of cases in which people have challenged their official racial designation, eloquently demonstrates just how difficult it can be to say what race--mine, yours, anybody's--actually consists of...What Blood Won't Tell is largely a catalog of delusions and the strategies by which Americans tried to prop up those delusions in courts of law...The very fact that some people with African "blood" (not a biologically valid concept, but a common term, then and now) could pass themselves off as white betrayed the reality; blacks, whites and Indians had been marrying, having sex and producing mixed-race children from the very beginning...A book like What Blood Won't Tell--which is, after all, a history, not a prescription--may not offer much that's usable as a guide to the future. But it does provide us with plenty of evidence of how badly we can and have screwed up, and how much imagination and determination it will take to do it better.
Bookforum - Brian Gilmore
Argues forcefully that, for all the progress our public life has made toward the formal semblance of racial equality, the history and legal armature of white racism are much more stubborn, institutionalized features of our common life than a single presidential election, no matter how groundbreaking, can wipe away...Gross maps, through countless twists and turns, the extraordinary legal fictions enlisted to keep the formal workings of racial privilege on track. [The book] serves as a bracing reminder that "postracial politics," however captivating it may be as a catchphrase, is very nearly an oxymoron in American life.
Booklist - Vernon Ford
Challenging the presumption of many scholars of the dominance of the "one-drop" rule in conferring black status, Gross argues that despite the rule, in court and by custom, racial boundaries were much more fluid and flexible--yet, primarily in the service of white supremacy...Gross also reflects on how this history of race determination fits into current efforts at a "color-blind" approach that ignores the significance of race in American culture.
Curled Up with a Good Book - Deborah Adams
What Blood Won't Tell chronicles the history of efforts to determine racial identity in the courts. Seldom, if ever, does science enter into the effort; rather, attorneys and others turn their attention to the evidence of skin color, social behavior, cultural customs, and other subjective and changeable evidence. The only thing that remains constant is the underlying assumption that white equals "full social and political citizenship" while anything else is inferior, less-than, and undeserving of Constitutional protection...The overriding opinion was that it's best to be white, but if you can't manage that, just don't be black. This shameful and ignorant American caste system is still as deeply entrenched in the nation's consciousness as ever, it seems...What Blood Won't Tell turns out to be a riveting overview of legal decisions regarding race and freedoms and a dizzying look at the insanity of social hierarchy and its ongoing impact on social development.
Choice - A. R. S. Lorenz
Gross [has written] an amazing book that addresses the relationship between race and citizenship in the U.S. Gross's presentation is both detailed and complex. The first half is devoted to establishing the role race and racism have played within the history and law of the U.S., as well as further developing the rich literature within whiteness scholarship. The strength of her argument lies in her ability to inject specific examples, oftentimes cases from the 19th century, into her whiteness discussions. The second half is equally impressive. Here Gross utilizes critical race theory to discuss black Indian identity, race in Hawaii, and other contemporary issues. This book is innovative, accessible, and valuable for undergraduates, graduates, and laypeople interested in a deep conversation on race and history.
Choice
Gross [has written] an amazing book that addresses the relationship between race and citizenship in the U.S. Gross's presentation is both detailed and complex. The first half is devoted to establishing the role race and racism have played within the history and law of the U.S., as well as further developing the rich literature within whiteness scholarship. The strength of her argument lies in her ability to inject specific examples, oftentimes cases from the 19th century, into her whiteness discussions. The second half is equally impressive. Here Gross utilizes critical race theory to discuss black Indian identity, race in Hawaii, and other contemporary issues. This book is innovative, accessible, and valuable for undergraduates, graduates, and laypeople interested in a deep conversation on race and history.
— A. R. S. Lorenz
Booklist
Challenging the presumption of many scholars of the dominance of the "one-drop" rule in conferring black status, Gross argues that despite the rule, in court and by custom, racial boundaries were much more fluid and flexible--yet, primarily in the service of white supremacy...Gross also reflects on how this history of race determination fits into current efforts at a "color-blind" approach that ignores the significance of race in American culture.
— Vernon Ford
Bookforum
Argues forcefully that, for all the progress our public life has made toward the formal semblance of racial equality, the history and legal armature of white racism are much more stubborn, institutionalized features of our common life than a single presidential election, no matter how groundbreaking, can wipe away...Gross maps, through countless twists and turns, the extraordinary legal fictions enlisted to keep the formal workings of racial privilege on track. [The book] serves as a bracing reminder that "postracial politics," however captivating it may be as a catchphrase, is very nearly an oxymoron in American life.
— Brian Gilmore
Salon.com
Gross' book, a history of cases in which people have challenged their official racial designation, eloquently demonstrates just how difficult it can be to say what race--mine, yours, anybody's--actually consists of...What Blood Won't Tell is largely a catalog of delusions and the strategies by which Americans tried to prop up those delusions in courts of law...The very fact that some people with African "blood" (not a biologically valid concept, but a common term, then and now) could pass themselves off as white betrayed the reality; blacks, whites and Indians had been marrying, having sex and producing mixed-race children from the very beginning...A book like What Blood Won't Tell--which is, after all, a history, not a prescription--may not offer much that's usable as a guide to the future. But it does provide us with plenty of evidence of how badly we can and have screwed up, and how much imagination and determination it will take to do it better.
— Laura Miller
Curled Up with a Good Book
What Blood Won't Tell chronicles the history of efforts to determine racial identity in the courts. Seldom, if ever, does science enter into the effort; rather, attorneys and others turn their attention to the evidence of skin color, social behavior, cultural customs, and other subjective and changeable evidence. The only thing that remains constant is the underlying assumption that white equals "full social and political citizenship" while anything else is inferior, less-than, and undeserving of Constitutional protection...The overriding opinion was that it's best to be white, but if you can't manage that, just don't be black. This shameful and ignorant American caste system is still as deeply entrenched in the nation's consciousness as ever, it seems...What Blood Won't Tell turns out to be a riveting overview of legal decisions regarding race and freedoms and a dizzying look at the insanity of social hierarchy and its ongoing impact on social development.
— Deborah Adams
Read More Show Less

Product Details

  • ISBN-13: 9780674047983
  • Publisher: Harvard University Press
  • Publication date: 5/1/2010
  • Pages: 384
  • Sales rank: 964,202
  • Product dimensions: 6.10 (w) x 9.10 (h) x 1.00 (d)

Meet the Author

Ariela J. Gross is John B. and Alice R. Sharp Professor of Law and History, University of Southern California.
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Table of Contents

  • A Note on Terminology
  • Introduction
  • 1. The Common Sense of Race
  • 2. Performing Whiteness
  • 3. Race as Association
  • 4. Citizenship of the “Little Races”
  • 5. Black Indian Identity in the Allotment Era
  • 6. From Nation to Race in Hawai’i
  • 7. Racial Science, Immigration, and the “White Races”
  • 8. Mexican Americans and the “Caucasian Cloak”
  • Conclusion: The Common Sense of Race Today
  • Notes
  • Acknowledgments
  • Index

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