Racial “Box-Checking” and the Administrative State
- Author(s):
- David E. Bernstein
- Posted:
- 3-2025
- Legal Studies #:
- 25-05
- Availability:
- Full text (most recent) on SSRN
ABSTRACT:
This article examines the origins, impact, and consequences of the racial and ethnic classification system established by the U.S. government through Statistical Directive No. 15 in 1978. Originally intended as a bureaucratic tool to assure uniform standards for data collection, these classifications have since profoundly shaped American identity, affirmative action policies, and even scientific research. This article critiques the arbitrary and historically contingent nature of these categories, arguing that they fail to reflect the complexity of racial and ethnic identities; distort research; encourage racial essentialism; and produce misleading data. The article calls for a fundamental overhaul of the classification system, advocating for a more nuanced approach to racial and ethnic categorization, if such government-mandated classifications are to persist at all.