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W.E.B. Du Bois’s elegy for his infant son, “Of the Passing of the First-Born,” in The Souls of Black Folk, has received relatively scant attention from political theorists. Yet it illuminates crucial developments in Du Bois’s political thought. It memorializes a tragedy central to his turn from scientific facts to rhetorical appeals to emotion. Its rhetoric also exemplifies a broader tension in his writings, between masculinist and elitist commitments and more insurrectionary impulses. In its normalizing rhetorical mode, which dominates, the elegy depicts an idealized patriarchal bourgeois household—potentially eliciting white readers’ sympathetic identification, but failing to displace the gendered and classed logic of racial exclusion. Its moments of transgressive rhetoric complicate or refuse such identification, celebrating Burghardt’s racial impurity and invoking a lineage of black maternal ambivalence. Though each is vexed and ephemeral, these moments of transgressive rhetoric reveal countervailing impulses that Du Bois would articulate in later writings.

Since 1981, there has been a sea change in longstanding policies ofjus soli, or birthright citizenship, reinforcing the global divide between affluent spaces of whiteness and impoverished spaces of nonwhiteness. I argue that these moves highlight the global system of citizenship as an increasingly consequential aspect of what Charles Mills terms the Racial Contract: the set of agreements, historically explicit and currently tacit, that divides the earth's peoples into full persons—Whites—and subpersons—nonwhites—such that the latter are constitutive outsiders to the political, moral, and epistemological norms that structure the White social world. Mills posits that the present phase of the Racial Contract disconnects present geographies of inequality from the violent history of the earlier phase that brought them into being, thereby moving them outside the realm of redress. I focus on formal citizenship as a central locus of such erasure, using the figuration of the undocumented mother in the controversy over U.S. birthright citizenship as a case study. I argue that the global regime of citizenship perpetuates White supremacy in two ways: first, through a Westphalian map of citizenship, and second, through gendered and raced neoliberal norms of citizenship. The alchemy between these two rationalities both entrenches and hides the violence of the Racial Contract. Building upon Mills' standpoint epistemology, I analyze arguments from both sides of a 1995 congressional hearing on birthright citizenship. I argue that the arguments opposing birthright citizenship exhibit what can be thought of as aWhite epistemology of citizenship, which relies upon a profound amnesia about the exclusionary and violent history of the global regime of citizenship.

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