Liberal democracy—based on commitment to individual liberty and dignity—does not exist if the government legislates against particular bodies in public spaces, as it did during Jim Crow, or when it is complicit in the violent policing of those bodies by other citizens, as in the Trayvon Martin slaying. For more than two years, vocal pockets of conservative activists and politicians demanded proof of President Obama’s citizenship—as if a black man was trespassing simply by being elected to the Oval Office. As the president was being asked to show his papers to the nation, state governments in Arizona, Alabama and South Carolina empowered police officers, school officials and merchants to demand proof of citizenship from anyone they deemed suspicious of immigration violations—suspicions that are triggered primarily by racial, ethnic and linguistic profiling. Despite the dramatic legal changes brought about by the ending of Jim Crow, it is once again socially, politically and legally acceptable to presume the guilt of nonwhite bodies.
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