By Robert N. Taylor
In the wake of the claims of Tiger Woods, the actions of Michael Jackson and the question about whether Senator Barack Obama was “Black enough,” a question has emerged as to whether there is a legal or biological definition of who is black.
Actually, there is no law operable today which defines what percentage of “black blood” makes one black. The oft-repeated notion that one drop of black blood makes one black is a powerful socio-cultural and historical definition but it has neither a legal nor biological foundation.
The history of the notion can be traced to slavery and the period right after slavery called Reconstruction. Originally, in a bid to stop slaves who had been fathered by white slave owners and overseers from claiming freedom, property rights or possible inheritance, several Southern sates passed laws that in effect defined a black person as anyone with any “discernible amount of colored or African blood.”
But after slavery ended in 1865, these laws began to either die a natural death or were actually repealed during Reconstruction. The controversy which brought the race definition issue up again was the infamous 1896 U.S. Supreme Court “separate but equal” decision in Plessy v. Ferguson.
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