https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3130161
The Klan’s Constitution
Roger Williams Univ. Legal Studies Paper No. 179
82 Pages
Posted: 27 Feb 2018
Jared A. Goldstein
Roger Williams University School of Law
Date Written: February 26, 2018
Abstract
For 150 years, the Ku Klux Klan has engaged in a campaign of violence and terror to maintain white rule. A central aspect of the Klan that has received little attention is that, from the time it was created in 1866 until today, the Klan has defined its mission as a defense of the Constitution. This article examines what the Constitution has meant to the Klan and what it means for American constitutional culture that the nation’s most notorious hate group has defined its mission in constitutional terms. As this article shows, the Klan has consistently been guided by the conviction that the United States is fundamentally a white nation, that the nation’s founders were dedicated to white rule, and that the Constitution should be understood as the source of white power. The Klan has long used its expressed dedication to the Constitution to justify violence as necessary to defend the nation and what it believes to be the true meaning of the Constitution.
The history of the Klan illustrates the recurring ways that political movements use constitutional rhetoric to advance narrow conceptions of American identity. The Klan has risen to prominence whenever whites have believed that their dominant status is threatened. Over the course of its existence, the Klan has succeeded in recruiting thousands of members by portraying threats to white power as attacks on the nation itself. Mobilizing to defend white power, Klan members have naturally rallied around the Constitution, which Americans have long understood to embody the nation’s fundamental values. To those who think of the United States as a white nation, defending the Constitution means defending whiteness.
Full paper can be downloaded on the linked site as PDF.
