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Classified: The Untold Story of Racial Classification in America Hardcover – July 19, 2022
"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 : 14.4 ounces
- Dimensions : 6 x 0.8 x 9 inches
- Best Sellers Rank: #1,018,523 in Books (See Top 100 in Books)
- #329 in Civil Rights Law (Books)
- #973 in Law Specialties (Books)
- #1,470 in Civil Rights & Liberties (Books)
- Customer Reviews:
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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Learn more how customers reviews work on AmazonCustomers say
Customers find the book informative and well-researched. They describe it as an engaging and important read. The writing is clear and easy to understand. Readers appreciate the interesting storytelling and pacing of the book.
AI-generated from the text of customer reviews
Customers find the book informative and engaging. They appreciate the historical context and useful thoughts on how to move forward. The author presents the historical facts revealing the subjectivity and politics behind racial/ethnic classification in the United States. The book is well-researched, with well-written and thoroughly sourced content.
"...Bernstein's arguments are persuasive, and his book is a must-read for anyone who is interested in race, law, or American history." Read more
"The author presents the historical facts revealing the subjectivity and politics behind current US racial and ethnic categories" Read more
"...It's lively and fresh and contains many wry observations on the absurdities of DEI (diversity equity and inclusion) and Affirmative Action as..." Read more
"The author clearly and simply lays out the historical framework of racial categorization by the United States government over time. Very well done." Read more
Customers find the book well-researched and engaging. They describe it as an important resource that every citizen should read. The book does an excellent job of presenting how we've arrived at the irrational set. Readers also mention it's a quick read.
"...Untold Story of Racial Classification in America is a timely and important book that offers a fresh perspective on the history and future of race in..." Read more
"David Bernstein has written a wonderful book, which through example after example, lays bare the risible and ultimately tragicomic results of the..." Read more
"This is an important book that every citizen should read. It should widely be used In university and other courses...." Read more
"...Very well done." Read more
Customers find the book well-written and easy to read. They appreciate the author's clear exposition of the historical context.
"...of explaining complex legal and historical concepts in a clear and accessible way. He also provides a wealth of evidence to support his arguments...." Read more
"...Bernstein is a forceful and clear writer and the book manages to corral the many disparate and metastasizing threads of what essentially has become..." Read more
"...Still in each section of this very well-written, easy-to-read book, I learned a lot...." Read more
"The author clearly and simply lays out the historical framework of racial categorization by the United States government over time. Very well done." Read more
Customers find the book's storytelling engaging and interesting. They appreciate the well-told story about the history of racial profiling in the United States. The book is described as lively and fresh, with many wry observations.
"...Bernstein's book is well-written and engaging...." Read more
"...Bernstein is a lawyer, but this isn't a dry legal tome. It's lively and fresh and contains many wry observations on the absurdities of DEI..." Read more
"...Prof. Bernstein's story is multi-faceted. He explores a wide variety of angles on the problem...." Read more
"...approachable writing that most readers will find illuminating and entertaining. Well done!" Read more
Customers like the book's pacing. They find the story thoughtful and beautiful, describing it as awesome.
"Important. Impossibility beautiful. Awesome" Read more
"Detailed and Thoughtful..." Read more
"Factual, unbiased look at the classifications underlying affirmative action..." Read more
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Top reviews from the United States
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- Reviewed in the United States on April 26, 2023David Bernstein's Classified: The Untold Story of Racial Classification in America is a timely and important book that offers a fresh perspective on the history and future of race in America. Bernstein argues that the current system of racial classification, which is based on the idea of discrete and mutually exclusive racial groups, is arbitrary, counterproductive, and ultimately harmful. He traces the history of racial classification in America from its origins in slavery to its current use in government, education, and other institutions. He also examines the ways in which racial classification has been used to justify discrimination and inequality.
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.
- Reviewed in the United States on December 21, 2024The author presents the historical facts revealing the subjectivity and politics behind current US racial and ethnic categories
- Reviewed in the United States on August 8, 2022David Bernstein has written a wonderful book, which through example after example, lays bare the risible and ultimately tragicomic results of the modern American racial classification system(s). Bernstein is a forceful and clear writer and the book manages to corral the many disparate and metastasizing threads of what essentially has become a universal practice in the US - a practics which has had deleterious effects on our politics, our economy and our society at large. It was especially interesting to read about the history of what has become this ugly practice - an example of good intentions gone awry. Bernstein is a lawyer, but this isn't a dry legal tome. It's lively and fresh and contains many wry observations on the absurdities of DEI (diversity equity and inclusion) and Affirmative Action as practiced in the US. I think anyone with an interest in contemporary issues will enjoy this book. In fact, anyone who likes good writing could profit by reading it. Highly recommended.
- Reviewed in the United States on February 6, 2023Professor Bernstein alludes to the shameful precedent of racial classification laws in Nazi Germany and apartheid South Africa, and the government officials who split hairs assigning individuals to one racial category or another. And he correctly points out the irrationality of our current system of racial classification. What he doesn't do (or if he does, he doesn't emphasize it enough for it to make an impression on me) is that *any* effort, even for benign motives, to assign people to racial categories will eventually rely on arbitrary judgments, and will almost inevitably, for example, classify some people as "black" who are not disadvantaged and do not need racial preferences.
Perhaps because he recognizes the implicit difficulty of drawing racial distinctions, Professor Bernstein proposes that (at least for official purposes) racial preferences be limited to the American descendants of slaves and Native Americans living on (or perhaps near) Indian reservation. This limitation is not perfect (for example, it doesn't address the argument that recent immigrants from Africa and the Caribbean, even if well educated and relatively affluent, are discriminated against simply because of their skin color--an argument that may or may not actually be factually valid), but it tries to minimize the absurdity that results when, for example, an Omani descended from Baluchi immigrants to Oman from Iran are classified as "white", but her cousins from across the border in Pakistan are classified as "Asian", and entitled to minority preferences in government contracting if they come to the United States.
Turning to some quibbles. This was a book that (like most non-fiction books) needs an index, yet there is none. (I understand that authors generally have to prepare their own indices, and I further understand that this is a tremendous pain in the tuches (and may be expensive, if the author has to hire someone to do it), but it's really unfair to the reader to make him have to flip through the pages and re-read the early chapters to be reminded, for example, what "Directive 15" is, who issued it, when it was issued, and what it says. The problem isn't so bad in a book of only 186 pages (like this one), but it's still an annoyance.
Also, the book could have stood better proofreading. For example, page 118 refers to "Morton v. Mancuri, decided by the Supreme Court in 1974," but there is no citation to that decision. (Instead, the footnote dropped from this reference turns out to be one citing the Indian Reorganization Act of 1934.) Similarly, page 126 refers to "the Rogers test, named after an 1845 Supreme Court case," but there is no footnote to the Court's decision (not even an erroneous one).
Top reviews from other countries
ChrysippoReviewed in the United Kingdom on April 21, 20233.0 out of 5 stars More a catalogue
David Bernstein's session with Michael Shermer on the latter's podcast was engrossing, so much so that I was prompted to buy the book despite it featuring only American institutions. However, the book is rather a dry list of the legal processes that led to America's rather nonsensical racial categories with little of the nonsensical effects on people and institutions that featured in the podcast.






