100 Best Books of the 21st Century (New York Times)
The New Jim Crow (2010)
by Michelle Alexander
#69
The New Jim Crow by Michelle Alexander is the 55th of the 100 books I've read from the 100 Best Books of the 21st Century list. As a criminal defense attorney who has spent over 20 years practicing in state and federal criminal court, I am intimately familiar with every argument that Alexander made AND which of those arguments have succeeded AND I also have opinions about her arguments have harmed the Democratic party in recent national elections. Alexander presents a blue-print for the racial justice portion of the post-George Floyd era and personally, I'm pretty convinced that some of the arguments in here helped Trump to victory.
Alexander's main thesis is that the mass incarceration that followed the declaration of the "war on drugs" is the New Jim Crow: A race based system of government sponsored control aimed mostly at young, African-American males. It's an argument that should sound familiar, because it has won the day here in California and made inroads at the Federal level. Both the California state government and the Federal government have adopted many of the easy fixes that Alexander proposes. However the deeper cuts of Alexander's arguments expose how (and I say this as someone who supports and agrees with much of what she says) very Un-American the structural underpinnings of her arguments can be.
I'll share two examples. The first is the argument that she makes late in the book that the success of Barack Obama and his election as President is harmful to the cause of racial justice because it promotes racial exceptionalism and allows racists to claim that there isn't a race problem in the United States. Even if Alexander is right, that is a terrible argument to make in support of her many common-sense policy positions. Can you imagine trying to argue to a swing state voter in suburban Philadelphia or semi-rural Wisconsin that the success of individuals like Barack Obama is a problem that needs to be addressed? You'd sound like a lunatic.
The second example is Alexander's lengthy explanation of how the racism of the criminal justice system operates despite the explicit bar to overtly racist laws in the United States. I'm not saying she's wrong, only that this is a terrible argument that has helped Donald Trump win over potential democratic voters. It's a bad argument because like many arguments inspired by Marxism, it attempts to convince the listener/reader that the truth is the exact opposite of what the reader believes to be the truth. It's a heavy tactic in Marxist inspired persuasion that goes right back to the beginning, or close to it, specifically the idea of "false consciousness" i.e. the idea that the duty of Marxist intellectuals to convince the working-class/proletariat that everything they believe about their lives under capitalism is wrong. Think of how that dovetails with the failed Democratic attempts in the most recent Presidential election to brow-beat swing state voters into fearing Donald Trump as an existential threat to democracy. Liberal, wealthy democrats telling middle and working class white Americans what to think is never going to win.
Alexander also obscures a broader, more succesful theme that Trump himself has impressed- which is that law enforcement is petty and vindictive and over-reaches all the time. This argument is present in Alexander's facts, but she is more interested in the racists implications of over-policing instead of focusing on how over-policing sucks for everyone, poor black guys in the South and Donald Trump as well. Get the cops off our backs is a winner.