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The Color of Law A Forgotten History of How Our Government Segregated America by Richard Rothstein (z-lib.org).epub

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President Kennedy’s 1962 executive order attempted to end the financing

of residential segregation by federal agencies. In 1966, President Lyndon

Johnson pushed to have a housing discrimination bill passed, but in a rare

legislative defeat, the Senate killed his proposal. Two years later, civil rights

advocates tried again, and this time the Senate eked out by the narrowest of

margins a Fair Housing Act that prohibited private discrimination in housing

sales and rentals; shortly after, pressured by national emotion following the

assassination of Martin Luther King, Jr., in April 1968, the House of

Representatives enacted the law. For the first time since 1883, when the

Supreme Court rejected the Civil Rights Act’s ban on housing

discrimination, government endorsed the rights of African Americans to

reside wherever they chose and could afford.

This law is now a half-century old. You might think that fifty years would

be long enough to erase the effects of government promotion of and support

for segregation. But the public policies of yesterday still shape the racial

landscape of today.

Where other civil rights laws have fallen short, the failures have been in

implementation and enforcement, not in concept. Their design was

straightforward. If African Americans were permitted to vote freely, their

political power would be no different from that of others. If discrimination

were prohibited in hiring, it would take some years for African Americans to

gain comparable seniority, but once they did so, their workplace status

would no longer be inferior. Once we prohibited segregation in hotels and

restaurants, patrons of any race could be served. Likewise, if segregation

was abolished on buses and trains, passengers of both races could sit in any

empty seat the next day. The past had no structural legacy—we could use the

same buses and trains, and no gargantuan social engineering was needed to

make the transition to integration.

Ending school segregation was much harder, but how to achieve it was

clear: districts could revise local school attendance boundaries so that

children of either race could attend their neighborhood schools, and districts

could upgrade the lower-quality schools that African Americans had

attended, so that all facilities would be equal. Certainly there was massive

resistance after 1954, when the Supreme Court ordered the dismantling of

separate black and white school systems, yet in principle school

desegregation in most locales was easy. And if achieving it the next day was

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