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Acknowledgement by the General Public

In July 2016 at the NAACP convention in Cincinnati, Ohio, the presidential candidate Hillary Clinton tells the crowd “We White Americans need to do a better job of listening when African Americans talk about the seen and unseen barriers” they face and recognizing "our privilege." Ms. Clinton eventually won the popular votes in the general election in November 2016. The claim of white privileges is generally accepted as plausible by the majority of American voters.

Although the presidential candidate Donald Trump was not known for engaging himself in any meaningful discussion of the controversial topic, on May 25, 2018, he granted a presidential pardon posthumously to Jack Johnson, boxing's first black heavyweight champion, whose conviction was a product of racially motivated injustice under the three-tiered white privileges (see legal definition) more than 100 years ago.

Legal Definition

Tier 1: In the legislative branch of American governments, the white privilege is a seen or unseen discretionary power exercised by the white majority and its proxies in enacting laws that are intentionally or unintentionally predatorial over constitutional rights and privileges of minorities.

Tier 2: In the administrative branch of American governments, the white privilege is a seen or unseen discretionary power exercised by the white majority and its proxies in enacting customs, under color of law enforcement, that are intentionally or unintentionally predatorial over constitutional rights and privileges of minorities.

Tier 3: In the judicial branch of American governments, the white privilege is a seen or unseen discretionary power exercised by the white majority and its proxies in interpreting laws intentionally or unintentionally in the least favorable light toward constitutional rights and privileges of minorities.

Three tiers of the white privileges in American legal systems, when unchallenged, give rise and upheld all other white privileges in public and private sectors of American lives.

Three tiers of the white privileges can operate independently from each other, or inter-operate with each other, as set forth in case law section.

Interpretation of Other Definitions of White Privileges

The 3-tiered white privileges in American legal systems produced “the ability for Whites to maintain an elevated status in society that masks racial inequality." (Andersen, M.; Taylor, H.; Logio, K. (2014). Sociology: The Essentials (8th ed.). Cengage Learning. p. 424. ISBN 978-1-285-96566-6.

The 3-tiered white privileges in American legal systems represent “a system of advantage based on race” defined by David Wellman.

The 3-tiered white privileges in American legal systems, when unseen, represent Peggy McIntosh’s “an invisible, weightless knapsack of assets and resources” and Paula Rothenberg’s “the other side of discrimination, meaning the opposite of discrimination."

The 3-tiered white privileges in American legal systems, when unchallenged in the court of law and equity, perpetuate "an institutional set of unearned benefits granted to White people." (Kendall, 2001, 2006; McIntosh, 1989; Sue, 2003)

Case Law