Trump Voters Motivated By Racism May Be Violating The Constitution

By Every Single Time American Noah Berlatsky


If the Trump era has taught us anything, it's that large numbers of white people in the United States are motivated at least in part by racism in the voting booth. Donald Trump ran an openly racist campaign for president, calling Mexicans rapists and criminals, regularly retweeting white supremacists and at least initially balking at repudiating former Ku Klux Klan leader David Duke. Trump made it clear in his campaign that "Make America Great Again" meant that America was greater when white people's power was more sweeping and more secure. White voters approved of that message by a whopping 58 percent to 37 percent.

Some politicians deny the evidence, no doubt because they don't want to alienate white voters, including prejudiced ones. Other commentators try to parse whether Trump's racism will be a winning strategy in 2020. Terry Smith, a visiting professor at the University of Baltimore School of Law, offers a different response in his new book, "Whitelash: Unmasking White Grievance at the Ballot Box." Rather than excuse racist voters or try to figure out how to live with their choices, he argues that racist voting is not just immoral, but illegal. The government, Smith says, has the ability, and the responsibility, to address it.

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"When voters go to the booth, they're not expressing a mere personal preference," Smith told me. According to Smith, voters who pull the levers to harm black people are violating the Constitution. If the Constitution means that overt racist appeals undermine the legality of union elections, it stands to reason that they undermine the legality of other elections, as well.

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