미연방헌법과 비판인종이론(Critical Race Theory) 논쟁

The constitution is primarily a legal document defining the highest law of the land. But it is also a political document deciding the identity of the society, explaining its raison d’etre and declaring its ultimate values as a political entity. The constitution inevitably functions as a vital mean of social integration, internally binding individuals while distinguishing its members from those outside such boundaries. However, this also entails that if the legitimacy of the constitution is challenged and undermined through internal conflicts within the civil society, it leads to an existential threat of the polity. Under such premise, this study focuses on the recent controversy regarding the historical legitimacy of the Constitution of the United States and the recent conundrum surrounding the Critical Race Theory. The argument presented here is that the social cohesive function is greatly diminished and therefore heavily taxes the society as a whole if disagreement over the past divides the people on the historical legitimacy of the constitution. Considering that Korea is also not free from ideological divisions surrounding its history, the American debate shows us how civil society needs to confront its past and connect it with the present to move forward into the future.