The Volokh Conspiracy
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How Well Do You Know America's Racial Classification System? (Second of a Series)
As discussed in my forthcoming book Classified (out in less than 3 weeks!), contrary to popular belief, racial and ethnic classification in the US is not solely a matter of personal choice. The federal Office of Management and Budget created a classification scheme in 1978 to be used by all federal agencies, and barely amended since. The classifications you see on employment forms, applications for mortgages, applications for university admission, and so on, are taken from the official federal classifications. Importantly, while these forms rarely include instructions, the OMB classifications have official, legally binding definitions.
With that background, let's go to our second quiz, involving the Asian American classificaiton.
(1) Here are some countries in Asia: Pakistan, Tajikistan, Azerbaijan, Iran, Afghanistan, and Armenia. Americans with ancestors in which of these countries are classified as Asian American?
(2) Johnnie grew up in California, but his mom and dad grew up on one of the smaller islands of the Phillipines. Is Johnnie an Asian American or a Pacific Islander, or both?
(3) The Lopez family from Argentina moved to Japan in 1920. In 1980, the whole family, still composed solely of individuals with origins in Argentina, moved to the US. Is the family classified as Hispanic/Latino, Asian American, or both?
Answers:
Asian American is defined as person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent.
(1) There is some ambiguity here, but in practice it seems that only Pakistan qualifies. Iran and Afghanistan are classified as being in the Middle East, which makes their residents white, not Asian. Armenia is not in the Far East or the Indian subcontinent. For Tajikistan, Azerbaijan, and Armenia, these classifications traditionally were interpreted by country of origin, and given that the latter were Soviet Republics, and the USSR was considered a white/European country, their residents were classified as white.
Note that I will occasionally get a question about whether an Ashkenazi Jew from somewhere like Tajikistan is "Asian American." The answer to that seems to definitely be no. Even if one posited that Tajiks generally should be classified as Asian American, note that the official definition requires descent from one of the "original peoples" of the area, which Ashkenazi Jews do not have.
(2) Asians and Pacific Islanders were classified together in one category until 1997, until Native Hawaiians successfully lobbied for a new classification of Native Hawaiian and Pacific Islander. They did so because they found that as part of the same category as Asians, they not only weren't eligible for affirmative action at "mainland" schools, they actively faced discrimination. But while the Philipines is literally a group of Pacific Islands, Filipino Americans remained classified as Asian Americans, not Pacific Islanders. The latter is limited to Americans origins in places like Samoa and Tonga.
(3) If members of the Lopez family consider themselves to be Hispanic, then they meet the official definition of being of Spanish origin or culture. No matter how many generations a Latin American family lives in Asia, however, they never become "Asian" under federal standards, because they are not descended from the original peoples of Asia. By contrast, if a Filipino family moves to Argentina as soon as they adopt Hispanic culture they become both Asian and Hispanic (assuming they at some point move to the US).
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So what I am reading is that it's all BS, arbitrary and capricious to satisfy some political urge of the moment and never considered again?
...and given the fact that the US probably has the most diverse population of ant country in the world it is e meaningless.
You would be reading correctly
I believe that's the conclusion Professor Bernstein would like you to draw from this.
That is quite literally insane.
Those classification standards mean very little. The government has no idea of where your ancestors came from, only what you claim to be. Further, the latest consensus SCIENCE is that all human ancestors originated from Africa. We are one and all African-Americans.
We have very detailed rules and then we ask people to self identify.
Thereby rendering them moot.
Well how else would Lizzie "Poke-a-Hontas" Warren get a Full Native Amurican Tenure position when she's only 1,024th Native Amurican, (Hommina Hommina Hommina so 300 years ago, Poke's Great-Great-Great-Great-Great-Great-Great-Great-Grand Father/Mother was a Chipewa??? Who gives a fuck???? Like Butch Coolidge said to Esmerelda Via Lobos in "Pulp Fiction" (I live my life based on that movie) "This is Amurica Baby, Names don't mean Shit"
Frank (not my real name, duh)
Frank, just to provide some perspective on Fauxcohontas: My 8th great grandfather (grandfather with 8 greats in front) Austin Augustus Bearse (1618-1686) was born in England and immigrated to the Plymouth Colony in 1638. The next year he purportedly married an American Indian woman named Mary Hyanno or Little Dove. They had three children. (That Austin had the three children is well documented; that Little Dove was their mother is not well documented, but I have found no record of any other mother.) I am descended from one of those children and was born 304 years after the marriage of Austin and Little Dove. That makes me exactly as much an Indian as the Senator claims to be. Where are my affirmative action benefits?
Eric, go for it. Start a casino. What matters most is that you identify with being a Native American. Do not bother trying to document those remote relationships.
Antoine Rocomorra's 1/2 Black, 1/2 Samonan, peole called him "Tony Rocky Horror", Marcellus Wallace (Black) threw his ass off a balcony for Massaging his wife's feet. Dude developed a bit of a speech impediment (and a weight problem, what's he gonna do he's 1/2 Samoan) So when Antoine applies for his Social Security Disability, what race does he check?
Frank "Got any Irish in you? Want some?"
The truth is, nobody knows why Marcellus tossed Tony Rocky Horror out of that window except Marcellus and Tony Rocky Horror.
"Original peoples" is problematic because we all come from somewhere else, save a few people in Africa. In my town we have a notion that moral right to land vested c. 1619. That doesn't work in the Old World.
Turkey, Azerbaijan, and some of the stans were colonized from the northeast a thousand years ago. The present inhabitants speak Turkic languages and displaced or assimilated their predecessors who spoke other language families. Polynesians may be the original peoples of Polynesia, but to the west there have been waves of migration and colonization.
Note that I will occasionally get a question about whether an Ashkenazi Jew from somewhere like Tajikistan is "Asian American."
The answer to that seems to definitely be no.
However, most Jews from Tajikistan are Bukharan, not Ashkenazi, and they were never European.
https://en.wikipedia.org/wiki/Bukharan_Jews
"World War II and the Holocaust brought a lot of Ashkenazi Jewish refugees from the European regions of the Soviet Union and Eastern Europe through Uzbekistan."
Yup, that's basically who I'm referring to.
2 questions:
1. Why is it Filipino and not Philipino?
2. Why weren't they included as Pacific Islanders?
1. 'Cause that's the way they like it. (Married to one.) Sensible people, they don't see the point in using two letters where one will get the job done.
1. It's derived from Spanish. The official name under US rule was The Philippine Islands so the spelling for the country in English got stuck that way, but "Filipino" in English was originally for the native populations, not all residents. Once they achieved semi-independence they chose "Filipino" for all citizens. The names for the country and the decided demonym are part of a very low-intensity debate related to colonial history.
2. The Philippines are Pacific islands (like Japan or Taiwan) but they are not part of the Pacific Islands, which is a region that mostly overlaps with Oceania and is the sum of the -nesias.
Bernstein's book is published by Bombardier Books. Per it's website, "Bombardier Books largely places its focus on conservative political nonfiction works." The publisher's mission statement starts with:
I'm sure the book will resonate with it's targeted audience.
I refer you to my blurb from the very prominent and very liberal law professor Sanford Levinson: “David Bernstein has written an illuminating, thoughtful, and often troubling book about the history of racial classifications in American law. This history underscores the validity of Oliver Wendell Holmes’s dictum that ‘experience,’ rather than ‘logic,’ dictates the actual development of law, for Bernstein demonstrates the extent to which the adoption of racial (or, more commonly ‘ethnic’) classifications has been responsive far more to systematic political pressures rather than the application of a coherent overarching theory. Even (or especially) supporters of ‘affirmative action,’ as I ambivalently continue to be, will benefit enormously from confronting the material that Bernstein carefully presents. It truly deserves a wide readership and, just as importantly, respectful discussion.”
More generally, 95% or so of the book is just "positive," ie historical and descriptive, not normative. If you want to learn about the history and current status of racial classification in the US this is the book for you, regardless of your political views.
Then why take it to an agenda-driven publisher?
So if former President Alberto Fujimori of Peru ever gets out of the joint, and if we were to admit him into the United States (notwithstanding his felony conviction), he'd be both an Asian-American and Latino.
So was Benjamin Cardozo actually the first Hispanic SCT justice? I'd be surprised if anyone ever actually asked him whether he self-identified as Hispanic, so to be safe, we should assume he did.
I wrote a post on this a while back. I investigated, and discovered that the Cardozos claimed to be descended from Portuguese, not Spanish, Jews--and not Portuguese Jews who fled from Spain in 1492, but "real" Portuguese Jews. In practice, even if true it's highly likely that they intermarried with Spanish Jews in the Sephardic diaspora, and thus Cardozo was of Spanish heritage and could claim Hispanic status. But given that his family's position was that they were Portuguese, not Spanish, my verdict was Iberian, but not Hispanic.
For ease of reference, that post is here (also easy to find on a search engine): https://reason.com/volokh/2021/04/09/revisiting-the-issue-of-whether-justice-cardozo-was-the-first-hispanic-justice/
My family (Sephardic) originated (as far as we can tell, having records going back to the 13th century) in Spain.
We spent roughly two generations in Portugal following the Spanish inquisition, when the portuguese caught up we left again and headed for Holland, and then to the new world (the Dutch West Indies). My ancestors knew when to get out of Dodge. Or Doge...
So, we are Spanish... According to the rules. A cadet branch (or is it sept?) is 100% Portuguese. Sephardic, but not Spanish. Another branch is Italian. Again, Sephardic but not Spanish. Maybe even some Greeks in there.
Now, what do ANY of my family, root and branch, have to do with (say) the Awa peoples of Ecuador, or the Awa peoples of Brazil (who, despite being neighbors, different clans of the same tribe in fact, are different according to the rules because one is from a spanish-speaking country and the other from a portuguese speaking land)?
And why does the US Government feel it needs to demonstrate such overt and notorious racism? And as Senator Warren demonstrates, while there may no longer be the "1-drop rule", a titration of 1/1024 is sufficiently 'othering'.
I think knowing about your ancestry is interesting and informative, although not "important".
My maternal grandmother was descended from New England Yankees, several of whom sailed on the Mayflower, others of whom founded towns in Massachusetts and New Hampshire, others fought against the British in the Revolution, and one of whom met with President Lincoln to urge him to issue an immancipation proclamation. (I was told NONE OF THIS when I was growing up, and I don't even know if my mother knew about it.)
Gran married an Irish-born doctor (he was an infant when he arrived in New York, but some of his older siblings remembered life in Limerick and Cork).
Their daughter, my mother, married the grandson of a German lad whose family had fled the Prussians who were taking over the previously independent German states, and had jumped ship in Brooklyn.
So, I'm an American.
your living memory, and the lived memory of all whom you personally knew are of descent from America.
Not just American you are.
Native American.
More fun questions.
1. Does Elon Musk count as "African American?"
2. An Aboriginal Australian moves to South Africa, where he marries someone of Dutch Heritage. Their children move to the US. What are they classified as?
3. Meaghan Markle marries a Prince of England. Their children move to the US. What are they classified as?
I can answer number 3 with fair certainty - we can classify them as spoiled brats.
As someone who has spent way more time on genealogy web sites than I care to admit I can confirm it is one of the biggest time sinks I have ever encountered.
Some of the things I have uncovered is I have several family members who have been convicted of murder (they are all dead now), on both my Mother's and Father's side several folks fought for both the North and South in the Civil War and I have never been able to figure out just how they chose which side to fight for. My Mother's side has been easier to trace and one branch goes back to the Mayflower but other branches arrived from Europe later on. My Fathers side kinda stopped with the arrival of General James Edward Oglethorpe cleaning out the English debtors prisons including one of my Fathers ancestors.
Thanks to DNA matches along with hard to dig up records and other circumstantial evidence (stuff like lactose tolerance and Dupuytren's Disease) I have good reason to claim Ragnar Lodbrok and Aslaug or the real figures they represent. Not to mention discovering a step sister my Father fathered out of wedlock.
Which brings me to what a powerful and still evolving tool DNA is when the issue of race raises it's ugly head. Of course I have had multiple DNA tests done with different testers and truth be known they all do not agree on just what the source of my DNA is. Not much question well over 90% is from Northern Europe but Ancestrydotcom and 23andMedotcom are not in agreement in just how much. While my Grandfather had what I would call classical American Indian features and family oral history claimed I had Indian DNA I did not even meet the Lizzy Warren standard of 1/1024 Indian DNA. Of note is that since Uncle Sugar grants real benefits to official members of recognized American Indian tribes there are real disputes on how one becomes an official member of a tribe. What is less unknown is that most tribes refuse to provide DNA samples to establish a base line of just what the tribe's DNA is. In fact it is not just the tribes that don't provide DNA, lots of other groups won't, or can't, provide DNA samples.
To a great extent while DNA is a powerful tool to identify who your ancestors are/were there really is no what I will call white, black, asian, indian (American or otherwise) DNA. Me saying I am 90%+ North European simply means a little less than 10% of my DNA is not North European (read that as not white). Not to mention that I am in a very small portion of Ancestrydotcom or 23andMedotcom members who have such a high portion of what I will call white DNA. Most members have half a dozen DNA markers from all over the world.
Bottom line is race is mostly a meaningless term since a tiny, tiny, tiny number of peeps have over 95% or more DNA from a single source.
It remains a mystery why you care so much about this and even more, why you think other people should care. Obviously no one else has cared since 1978.
Arbitrary lines be arbitrary. Why not write a book about why state borders were drawn where they were, or why legal-size paper is 8.5" by 14"? Either of those would be more interesting and relevant.
My ancestry on both sides goes back to 18th century Europe. But I have identified as “black/African-American” for about three years. I asked my corporate employer if they would ever challenge my identity and they dodged the question by saying they collect the data because the EEOC requires it, and “we invite you to fill out the form, but it’s up to you which box you check”.
As a pilot, I have watched women and minorities with lesser credentials go to the front of the recruiting line for over 30 years. It’s racial discrimination, and in cases like mine, it has the bizarre effect of discriminating against my black stay-at-home wife and our black children.
I regularly encourage white men at my work to identify as another race, so that young white guys on the outside can perhaps have a fair shot at a job. If they demand to know my biological “race”, they can request a DNA test. If they point to my birth certificate, I will ask them if they intend to investigate my mother’s true sexual history. Of course they can’t do either, as Elizabeth Warren and Shaun King proved.
OPM Form 181 allows federal employees to choose a race. From the instructions:
“Providing this information is voluntary and has no impact on your employment status, but in the instance of missing information, your employing agency will attempt to identify your race and ethnicity by visual observation.”
So some middle manager at the Dept of Agriculture or FDA determines your race by looking at you and guessing? What kind of science is that?
https://www.opm.gov/forms/pdf_fill/sf181.pdf
No. You choose whatever classification you want. No reason to let some middle manager bump up his diversity score.
My father was born in Puerto Rico, my mom is white European and my wife's family is 100% white Midwestern. I asked college admissions counselors if my kids were Hispanic, they said it only takes one Hispanic grandparent, plus my kids had the Hispanic last name from my father.
So the colleges got to claim they admitted a Hispanic kid, never mind that my kids didn't look Hispanic, don't speak Spanish and are about as Puerto Rican as a pepperoni pizza.