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Classified: The Untold Story of Racial Classification in America Hardcover – July 19, 2022
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"The racial categories that the schools use are completely bonkers, an arbitrary mess mostly left over from the work of federal bureaucrats in the 1970s that can't withstand the slightest scrutiny.... Justice Samuel Alito raised this issue in [the Harvard affirmative action case], pretty clearly relying on the work of George Mason University professor David Bernstein, who eviscerated the categories in an amicus brief and has written a book on their origin and implications, Classified: The Untold Story of Racial Classification in America."
-National Review
Americans have come to accept certain standard ethnic and racial classifications--Black, White, Asian American, Hispanic, and Native American--as if they are part of the natural order of things. In fact, they are the product of regulations quietly enacted by federal bureaucrats in 1977. Where did these classifications come from? How are they defined? If someone's self-identification is disputed, how are they enforced? What should become of them in the future, with affirmative action preferences that rely on these classifications under legal threat, and the classifications themselves becoming increasingly incoherent after decades of large-scale immigration and increased interracial marriage? This book answers all those questions in a lively, well-researched, persuasive manner.
- Print length208 pages
- LanguageEnglish
- PublisherBombardier Books
- Publication dateJuly 19, 2022
- Dimensions6 x 0.8 x 9 inches
- ISBN-101637581734
- ISBN-13978-1637581735
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Editorial Reviews
Review
"Potentially 2022's most consequential American book." - George Will, Washington Post
"The U.S. Supreme Court will consider on Monday whether racial preferences in college admissions are illegal. David Bernstein argues they're irrational." - Wall Street Journal
"The racial categories that the schools use are completely bonkers, an arbitrary mess mostly left over from the work of federal bureaucrats in the 1970s that can't withstand the slightest scrutiny. The administrators who rely on these categories are beholden to senseless and unscientific distinctions—they aren't even competent or rational racialists. Justice Samuel Alito raised this issue in the arguments, pretty clearly relying on the work of George Mason University professor David Bernstein, who eviscerated the categories in an amicus brief and has written a book on their origin and implications, Classified: The Untold Story of Racial Classification in America." - Rich Lowry, editor-in-chief, National Review
"Go out and get this book." Michael Shermer, best-selling author and founding publisher, Skeptic magazine
About the Author
Known as a fearless contrarian, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. His book Rehabilitating Lochner was praised across the political spectrum as "intellectual history in its highest form," a "fresh perspective and a cogent analysis," "delightful and informative," "sharp and iconoclastic," "well-written and destined to be influential," and "a terrific work of historical revisionism."
George Will, writing in the Washington Post, proclaimed that Bernstein's latest book, Classified: The Untold Story of Racial Classifications in America is "potentially 2022's most consequential American book." Professor Scott Douglas Gerber, reviewing Classified in Law & Liberty, added that it's a "must-read." Less than a year after its publication date, Classified has already upended the debate over racial classifications in America. Among other things, the book is widely credited with inspiring several pointed questions from Supreme Court Justices during oral arguments about the constitutionality of university affirmative action programs.
Product details
- Publisher : Bombardier Books (July 19, 2022)
- Language : English
- Hardcover : 208 pages
- ISBN-10 : 1637581734
- ISBN-13 : 978-1637581735
- Item Weight : 14.3 ounces
- Dimensions : 6 x 0.8 x 9 inches
- Best Sellers Rank: #859,127 in Books (See Top 100 in Books)
- #266 in Civil Rights Law (Books)
- #1,238 in Civil Rights & Liberties (Books)
- #3,341 in Cultural Anthropology (Books)
- Customer Reviews:
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About the author

David E. Bernstein holds a University Professorship chair at George Mason University's Antonin Scalia Law School, where he has been teaching constitutional law and other classes since 1995.
Bernstein is the author of five books, including the Amazon Top 50 bestseller, "You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Law," and coauthor of two more.
Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.”
Columnist George Will wrote that Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, may be “the most consequential American book of 2022.”
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Bernstein's book is well-written and engaging. He does an excellent job of explaining complex legal and historical concepts in a clear and accessible way. He also provides a wealth of evidence to support his arguments. Classified is an important book that should be read by anyone who is interested in race, law, or American history.
One of the most compelling arguments that Bernstein makes is that the current system of racial classification is arbitrary. He points out that there is no scientific basis for dividing people into discrete racial groups. Race is a social construct, and the boundaries between racial groups are constantly shifting. For example, people who are considered to be white today were once considered to be non-white.
Bernstein also argues that the current system of racial classification is counterproductive. He points out that it reinforces the idea that people of different races are fundamentally different. This can lead to prejudice and discrimination. For example, studies have shown that people who are asked to check a box indicating their race are more likely to be discriminated against in employment and housing.
Finally, Bernstein argues that the current system of racial classification is harmful. He points out that it stigmatizes people of color. It also makes it difficult for people to identify with their own culture and heritage. For example, people who are of mixed race may feel like they don't fit in anywhere.
Classified is an important book that challenges the way we think about race in America. Bernstein's arguments are persuasive, and his book is a must-read for anyone who is interested in race, law, or American history.
For this reason, a significant benefit of this book is the way it shows the contingent nature of our current ways of categorizing people according to race and ethnicity. But for the specific series of decisions made by individual agencies and judges, whole groups of people could have been categorized differently. Most interesting was the discussion of the relative success or failure of some groups to have themselves categorized, or once categorized, to include or exclude certain people from their category in search of maximum advantage.
Both supporters and opponents of our current system of affirmative action will benefit from reading this book. No matter what one thinks of differential government benefits based on racial or ethnic group membership, this book convincingly demonstrates that the process by which our current collection of racial and ethnic categories are defined reflects political power as much or more than a desire for justice. And as a result, whether one supports or opposes affirmative action, it's hard to avoid the conclusion that our current system is ill-suited to accomplish the stated objectives from the era in which it was first established, much less to adapt itself effectively to America's changing landscape.







