"Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition from 1953 to the present is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings--often in concurrences or dissents--richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates--on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing equality. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices--the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans--that makes this succession echo across generations"--

Americans think of the North American colonies’ War for Independence from Great Britain as a struggle for freedom by a people subjected to colonial domination. Without denying the colonies’ grievances, this paper argues that the principal victims of injustice in North America were not European Americans but Americans of color. The freedom to exterminate Indians and take their land was one of the main objectives of the colonists’ drive for independence. The British government for its own reasons sought to slow down the colonies’ westward expansion. With territorial expansion would come the spread of slavery. Such effects were intended and accomplished and had been reasonably predictable at the time. It follows that one must question whether the War for Independence was morally justifiable.

Using a wide range of materials that include memoirs, oral interviews, poetry, legal cases, letters, government documents, and even road signs, Robert Hayashi illustrates how Thomas Jefferson's vision of an agrarian, all white, and democratic West affected the Gem State's Nez Perce, Chinese, Shoshone, Mormon, and Japanese residents. Starting at the site of the Corps of Discovery's journey into Idaho, he details the ideological, aesthetic, and material manifestations of these intertwined notions of race and place. As he fly-fishes Idaho's fabled rivers and visits its historical sites and museums, Hayashi reads the contemporary landscape in light of this evolution.