The Color of Law

The Color of Law: A Forgotten History of How Our Government Segregated America

Richard Rothstein (2017, Liveright)

       I can recommend this book as a deeply comprehensive history; as a reading experience, however, it’s not for the faint of heart. It’s the history of de jure segregation in the United States, which extended for a solid hundred years after the end of the Civil War. Black people were denied equal access to both public and privately built housing; this occurred all across the country, in cities and (especially) suburbs. Sometimes the mechanisms were local, such as private covenants and local ordinances; at least as often, the Federal government put its giant thumb on the scale.

     Richard Rothstein argues that this was both illegal and unconstitutional, the entire time it was happening. The Thirteenth Amendment, when it abolished slavery, empowered Congress to enforce abolition. “In 1866, Congress enforced the abolition of slavery by passing a Civil Rights Act, prohibiting actions that it deemed perpetuated the characteristics of slavery. Actions that made African Americans second-class citizens, such as racial discrimination in housing, were included in the ban.” One hundred and two years would go by before the Supreme Court would uphold a claim based on that law.

      What could make more of a statement of second-class citizenship than a declaration that having you in a neighborhood made the whole area less ‘desirable’? The idea that racially integrated neighborhoods were less ‘harmonious’ actually had a deeply perverse effect: the more people lived in segregated enclaves, the less likely they were to feel neighborly toward one another, guaranteeing an inharmonious cast to many future interactions. The idea that Black people entering a neighborhood would lower property values was not a mere superstition, but a self-reinforcing mechanism: if mortgages were available at all, they came at higher rates. Worse yet, Federal lending insurance wasn’t available in Black neighborhoods, so people bought property on contracts that gave them no equity at all till they made the last payment.

       Just as Social Security was rigged to omit people whose occupations were domestic or agricultural, so the G.I. Bill made offers to returning servicemen that only white men could take advantage of. The suburban building boom was accompanied by propaganda about how much your family would benefit from your own little acreage, but everybody knew that only some people could enjoy it. When governments built housing directly, sometimes demolishing mixed neighborhoods for the land, the projects were nearly always designated for one race or the other; you get one guess about which ones came with parks, playgrounds, and swimming pools.

       Rothstein’s writing is clear and comprehensive; he makes a dry, airtight case. The result is a book I wanted to throw across the room many times per chapter. The cycle of poverty begins right here, with the inability to build generational wealth in home equity, in contrast to every Levittown family whose investment provided college tuition and home down payments for their children, and their children’s children. The mortgage interest deduction is an entitlement, pouring billions of dollars into the pockets of suburbanites. School investments followed property values, with predictable results. And if a neighborhood was already undesirable, why not site waste dumps and dirty industry there too? You can’t wonder why the children who grow up there have asthma and lead poisoning far out of proportion to their numbers.

      It didn’t need to be that way. 

 

 

 

Any Good Books, August 2024