Key Takeaways
1. Government-Sponsored Segregation: A Deliberate Policy
Today’s residential segregation in the North, South, Midwest, and West is not the unintended consequence of individual choices and of otherwise well-meaning law or regulation but of unhidden public policy that explicitly segregated every metropolitan area in the United States.
Intentional segregation. The book challenges the common belief that residential segregation is the result of private prejudice or economic factors. Instead, it argues that it was a deliberate policy of federal, state, and local governments. This policy was so systematic and forceful that its effects endure to the present time.
De jure vs. de facto. The author distinguishes between de jure segregation (segregation by law and public policy) and de facto segregation (segregation resulting from private practices). He contends that what most Americans call de facto segregation is, in fact, de jure segregation, a violation of the Constitution.
Constitutional violations. The author argues that government-sponsored residential segregation violates the Fifth, Thirteenth, and Fourteenth Amendments. These amendments prohibit unfair treatment of citizens, the treatment of African Americans as second-class citizens, and unequal treatment by states or local governments.
2. Public Housing as a Tool for Segregation
The purposeful use of public housing by federal and local governments to herd African Americans into urban ghettos had as big an influence as any in the creation of our de jure system of segregation.
Segregation in public housing. Public housing, initially intended for working- and lower-middle-class families, was often explicitly segregated. The Roosevelt administration constructed separate projects for African Americans, segregated buildings by race, or excluded African Americans entirely from developments.
New Deal programs. The Tennessee Valley Authority (TVA) and the Civilian Conservation Corps (CCC) also practiced segregation. The TVA housed its African American workers in shoddy barracks some distance away from white workers, and the CCC established segregated work camps, even in the North.
Post-war continuation. After World War II, this policy continued, with local governments, supported by federal funds, building segregated high-rise projects, solidifying racial divisions in cities like Chicago, Detroit, and San Francisco. This practice reinforced existing segregation and created new patterns of racial homogeneity.
3. Racial Zoning: Legally Sanctioned Separation
A reasonable segregation is normal, inevitable and desirable.
Early zoning ordinances. In the early 20th century, many cities adopted zoning ordinances that prohibited African Americans from buying homes in white neighborhoods and vice versa. Baltimore was the first to do so in 1910.
Supreme Court intervention. In 1917, the Supreme Court overturned a Louisville, Kentucky, racial zoning ordinance in Buchanan v. Warley, ruling that it interfered with freedom of contract. However, many cities ignored the decision or attempted to circumvent it with slightly different rules.
Economic zoning. After Buchanan, cities began to use economic zoning to achieve racial segregation. This involved reserving middle-class neighborhoods for single-family homes that lower-income families of all races could not afford, with a barely disguised racial overlay.
4. Federal Housing Administration (FHA): Subsidizing White Flight
If a neighborhood is to retain stability it is necessary that properties shall continue to be occupied by the same social and racial classes.
FHA's role. The Federal Housing Administration (FHA), created in 1934, insured bank mortgages, making homeownership more accessible to working- and middle-class families. However, the FHA's appraisal standards included a whites-only requirement, promoting racial segregation.
Underwriting Manual. The FHA's Underwriting Manual instructed appraisers to give higher ratings to properties in racially homogenous neighborhoods and to discourage loans in integrated areas. This policy effectively redlined African American neighborhoods, making it difficult for African Americans to obtain mortgages.
Suburban development. The FHA financed entire subdivisions, like Levittown, with the condition that they be all-white. This policy contributed to the suburbanization of America on a racially restricted basis, denying African Americans the opportunity to build wealth through homeownership.
5. Restrictive Covenants: Private Agreements, Public Enforcement
The real property above described, or any portion thereof, shall never be occupied, used or resided on by any person not of the white or Caucasian race, except in the capacity of a servant or domestic employed theron as such by a white Caucasian owner, tenant or occupant.
Deed restrictions. Restrictive covenants were clauses in property deeds that prohibited future resales to African Americans. These covenants were used to create segregated neighborhoods, with the support of the real estate industry and the courts.
Supreme Court ruling. In 1948, the Supreme Court ruled in Shelley v. Kraemer that state court enforcement of restrictive covenants was unconstitutional. However, the FHA and other federal agencies continued to support segregation by other means.
Undermining the ruling. The FHA continued to finance developments with restrictive covenants and to discriminate against African Americans in its mortgage insurance program, even after the Shelley decision. This undermined the Court's ruling and preserved state-sponsored segregation.
6. State-Sanctioned Violence: Maintaining the Color Line
In the selection of tenants . . . [we shall] not insofar as possible enforce the commingling of races, but shall insofar as possible maintain and preserve the same racial composition which exists in the neighborhood where a project is located.
Mob violence. African Americans who attempted to move into white neighborhoods often faced mob violence, including cross burnings, vandalism, and arson. Police often stood by or even participated in the violence, failing to protect African American families.
Legal system complicity. Even when perpetrators were arrested, they often faced minor charges or were acquitted. This lack of accountability sent a message that violence to maintain segregation was tolerated by the authorities.
Examples of violence. The book cites numerous examples of state-sanctioned violence, including the Sojourner Truth Homes riot in Detroit and the attacks on the Gary family in Rollingwood and the Myers family in Levittown. These incidents demonstrate the systemic nature of the problem.
7. Suppressed Incomes: Economic Disadvantage by Design
That our people should live in their own homes is a sentiment deep in the heart of our race.
Exclusion from labor markets. Throughout much of the 20th century, African Americans were denied access to free labor markets and were unable to save from wages. This denial of access was another badge of slavery that Congress was duty bound to eliminate, not to perpetuate.
New Deal policies. New Deal programs like Social Security and minimum wage protection excluded occupations in which African Americans predominated, such as agriculture and domestic service. This further depressed African American wages.
Union discrimination. The federal government protected the bargaining rights of unions that denied African Americans the privileges of membership or that segregated them into lower-paid jobs. This limited African Americans' access to better-paying jobs and economic advancement.
8. The Myth of De Facto Segregation: A Barrier to Progress
The core argument of this book is that African Americans were unconstitutionally denied the means and the right to integration in middle-class neighborhoods, and because this denial was state-sponsored, the nation is obligated to remedy it.
Challenging the narrative. The book challenges the widespread belief that residential segregation is de facto, resulting from private choices and economic factors. It argues that this myth has been adopted by conventional opinion, liberal and conservative alike.
Misrepresentation of history. The author contends that courts have misrepresented racial history by ignoring evidence of government activity that caused residential segregation. This misrepresentation has become the consensus view of American jurisprudence.
Constitutional obligation. The author argues that because residential segregation was state-sponsored, the nation is obligated to remedy it. Desegregation is not just a desirable policy but a constitutional and moral obligation.
9. The Enduring Legacy: Multigenerational Disadvantage
By failing to recognize that we now live with the severe, enduring effects of de jure segregation, we avoid confronting our constitutional obligation to reverse it.
Wealth gap. The book highlights the vast wealth gap between white and black households, which is largely attributable to the denial of homeownership opportunities to African Americans in the mid-20th century. This wealth gap has been passed down through generations, perpetuating inequality.
Limited mobility. African Americans have less upward mobility than whites, in part because they are more likely to be stuck for multiple generations in poor neighborhoods. This exposure to neighborhood poverty has negative consequences for children's education and future opportunities.
Reinforcing policies. Contemporary federal, state, and local programs, such as housing subsidies and tax credits, have often reinforced residential segregation rather than diminished it. This makes remedial action even more difficult.
10. Remedies: Acknowledging the Past, Building an Integrated Future
As citizens in this democracy, we—all of us, white, black, Hispanic, Asian, Native American, and others—bear a collective responsibility to enforce our Constitution and to rectify past violations whose effects endure.
Need for aggressive policies. The author argues that remedies for de jure segregation will have to be as aggressive as the policies that created it. This requires a shift in mindset, from accepting the myth of de facto segregation to acknowledging the government's role in creating it.
Potential remedies. The book suggests several potential remedies, including:
- Subsidies for African Americans to purchase homes in white suburbs
- Banning exclusionary zoning ordinances
- Requiring inclusionary zoning
- A national "Fair Share Act"
- Reforming the Section 8 voucher program
Shared responsibility. The author emphasizes that all Americans, regardless of race, bear a collective responsibility to enforce the Constitution and to rectify past violations whose effects endure. This requires a commitment to building an integrated society, even if it involves costs and sacrifices.
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FAQ
1. What is The Color of Law by Richard Rothstein about?
- Government-created segregation: The book reveals how federal, state, and local governments deliberately enforced residential racial segregation, shaping the racial geography of American cities and suburbs.
- De jure vs. de facto: Rothstein argues that segregation was not accidental or just the result of private prejudice, but was imposed by law and public policy (de jure), not merely by private choices (de facto).
- Enduring consequences: These government actions have led to persistent racial disparities in housing, wealth, education, and opportunity, with effects still felt today.
2. Why should I read The Color of Law by Richard Rothstein?
- Uncovering forgotten history: The book exposes a largely ignored history of how government policies created and maintained segregation, correcting common misconceptions.
- Legal and moral implications: Rothstein explains that these policies violated constitutional amendments, making the case for a moral and legal obligation to address ongoing racial inequalities.
- Informs current debates: Understanding this history is crucial for anyone interested in racial justice, urban policy, housing reform, or reparations.
3. What are the key takeaways from The Color of Law by Richard Rothstein?
- Segregation was government-imposed: Residential segregation was the result of explicit government policies at all levels, not just private actions.
- Lasting impact: These policies denied African Americans access to wealth-building opportunities and quality education, creating persistent income and wealth gaps.
- Myth of de facto segregation: The book debunks the idea that segregation happened by accident, showing that this myth hinders effective remedies.
- Need for remedies: Undoing segregation requires aggressive government action, including fair housing enforcement and zoning reform.
4. What is the "myth of de facto segregation" in The Color of Law by Richard Rothstein?
- Definition of the myth: The myth claims that racial segregation in housing resulted mainly from private choices and economic factors, not government action.
- Why it matters: This belief leads to the conclusion that government has little responsibility or power to remedy segregation.
- Rothstein’s argument: The book demonstrates that segregation was largely created and maintained by explicit government policies, making it de jure segregation.
- Implications for remedies: Recognizing segregation as de jure is essential to justify and implement effective government interventions to desegregate.
5. How did government policies enforce racial segregation according to The Color of Law by Richard Rothstein?
- Public housing segregation: Federal and local governments built segregated public housing, often placing African Americans in overcrowded, poorly maintained developments while providing better housing for whites.
- Racial zoning and exclusionary zoning: Cities adopted ordinances and zoning laws that explicitly or effectively excluded African Americans from white neighborhoods.
- FHA and VA mortgage discrimination: The Federal Housing Administration and Veterans Administration insured mortgages only for whites in racially exclusive suburbs, requiring racial covenants and refusing to insure loans in integrated or black neighborhoods.
- Transportation and infrastructure: Highway construction and transit policies prioritized white suburbs, isolating African Americans from job opportunities.
6. What role did restrictive covenants and private agreements play in segregation, as described in The Color of Law by Richard Rothstein?
- Racially restrictive covenants: Property deeds and neighborhood agreements often included clauses prohibiting sales or rentals to African Americans, enforced by courts and supported by government agencies.
- Government complicity: Even after the Supreme Court ruled against enforcement in 1948, federal agencies like the FHA continued to require or encourage such covenants.
- Community enforcement: Neighborhood associations and local governments used these covenants to maintain segregation, often resisting legal challenges and using informal pressures.
7. How did zoning laws contribute to segregation in The Color of Law by Richard Rothstein?
- Explicit racial zoning: Many cities passed ordinances that explicitly segregated neighborhoods by race, legally enforcing separation.
- Exclusionary zoning: Zoning laws requiring large lot sizes or banning multifamily housing effectively excluded lower-income and minority families from affluent suburbs.
- Rezoning to prevent integration: Some suburbs rezoned areas to block affordable housing developments that might integrate neighborhoods.
- Court rulings: While explicit racial zoning was eventually struck down, economic exclusionary zoning persisted and continued to reinforce segregation.
8. How does The Color of Law by Richard Rothstein explain the wealth gap between African Americans and whites?
- Home equity as main wealth source: For most middle-class Americans, home equity is the primary source of wealth accumulation.
- Denied access to suburbs: African Americans were systematically excluded from suburban homeownership, missing out on decades of equity appreciation.
- Intergenerational effects: Wealth is less mobile across generations than income, so African Americans’ inability to build home equity has lasting effects.
- Inheritance disparities: Far fewer black households inherited wealth compared to white households, with much smaller average inheritances, due to government policies.
9. What are some examples of government actions that reinforced segregation, according to The Color of Law by Richard Rothstein?
- FHA and VA policies: These agencies required racial covenants and refused to insure mortgages in integrated or black neighborhoods, promoting whites-only suburbs.
- Public housing placement: Projects were deliberately segregated, concentrating African Americans in high-poverty urban areas.
- Transportation investments: Federal and state funds prioritized highways serving white suburbs over mass transit connecting African American neighborhoods to jobs.
- Tax and subsidy policies: Mortgage interest deductions favored suburban homeowners, while housing subsidies for low-income families often reinforced segregation.
- Local government complicity: Police, zoning boards, and school districts enacted policies and practices that maintained racial separation.
10. How did government policies suppress African American incomes and economic opportunities, as detailed in The Color of Law by Richard Rothstein?
- Exclusion from labor markets: New Deal programs, unions, and federal agencies often excluded African Americans from skilled jobs, training, and union membership.
- Discriminatory tax assessments: African American neighborhoods were often overassessed for property taxes, increasing financial burdens and contributing to neighborhood decline.
- Higher housing costs: Segregation limited housing supply for African Americans, leading to overcrowding and higher rents, which further suppressed savings and wealth accumulation.
11. What remedies does The Color of Law by Richard Rothstein propose to address de jure segregation?
- Fair share housing policies: Require suburbs to accept a proportionate share of low- and moderate-income housing, reflecting metropolitan demographics.
- Ban exclusionary zoning: Prohibit zoning ordinances that exclude multifamily or affordable housing to open suburbs to diverse residents.
- Reform housing subsidies: Redirect Low-Income Housing Tax Credits and Section 8 vouchers to promote integration rather than reinforce segregation.
- Increase mobility programs: Expand programs that help low-income African American families move to low-poverty, integrated neighborhoods with counseling and support.
- Educational reforms: Teach accurate history of segregation to build public understanding and support for integration policies.
12. What is the constitutional significance of government-sponsored segregation in The Color of Law by Richard Rothstein?
- Violation of Amendments: Government-imposed segregation violates the Thirteenth Amendment’s prohibition of slavery and its badges, the Fourteenth Amendment’s equal protection clause, and the Fifth Amendment’s due process protections.
- De jure segregation requires remedy: Because segregation was imposed by law and policy, it is not merely a social problem but a constitutional violation that demands corrective action.
- Judicial limitations and political responsibility: Courts have often failed to fully recognize or remedy de jure segregation, placing the responsibility on elected officials and the public to enforce constitutional rights and implement remedies.
Review Summary
The Color of Law is a well-researched, eye-opening book that exposes how government policies at all levels systematically enforced racial segregation in housing throughout the 20th century. Readers found it informative, if sometimes dense and repetitive. Many were shocked by the extent of official discrimination and its lasting impacts on wealth inequality. While some criticized Rothstein's proposed solutions as unrealistic, most agreed the book is essential reading for understanding segregation's roots and ongoing effects in America.
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