Segregation In Richard Rothstein's The Color Of Law

In his book, Race, Racism, and American Law, Derrick Bell maintains that the American government is only willing to lessen the injustices imposed on African-Americans if it will positively impact the white community--either economically or politically. The chapter, “Neither Separate Schools Nor Mixed Schools: The Chronicle of the Sacrificed Black Schoolchildren,” in Derrick Bell’s book, And We Are Not Saved, demonstrates this point through the fictional disappearance of black schoolchildren while on their way to their school. At first, there was public outrage over such an unexplainable incident occurring, especially in the midst of all the political and cultural progress made by the recent decision to integrate public schools. Then, it is revealed that the main incentives for the school board’s sympathy and distress were because, “state funding of the schools was based on average daily attendance figures, [therefore] the school system faced a serious deficit during the current year,” (And We Are Not Saved, 105).

While social justice may not be at its peak today, times used to be worse. Formerly, while trying to improve cities with zoning- certain races, religions, and peoples were excluded from the nice parts of town and even jobs. Zoning began around 1900 when the local government restricted the height of buildings in Washington District of Columbia. From there, the government realized it could intervene on private property and the people would allow it (Silver, 1997). As zoning evolved, so did the type of zoning- from height restrictions to land use and eventually to redlining. Silver explains the extent situation as, “the nation's planning movement, not just its Southern branch, regarded land use controls as an effective social control mechanism for Blacks and other ‘undesirables’” (p. 2). Unfortunately for the US and for its citizens, racial zoning is not the only undesirable social norm.

Jim Crow laws were state and local laws that reinforced racial segregation in the South between the end of Reconstruction in 1877 and the beginning of the civil rights movement in the 1950’s (Urofsky). The laws mandated segregation of schools, drinking fountains, restrooms, buses, and restaurants. In legal theory, blacks received “separate but equal” treatment under the law--in actuality, public facilities were nearly always inferior to those for whites, when they existed at all. In addition, blacks were systematically denied the right to vote in most of the rural South through the selective application of literacy tests and other racially motivated criteria (PBS). Despite Jim Crow laws being abolished in 1964 when President Lyndon Johnson

Recent events that have highlighted racial tension in the United States have had even a larger number of opinions that vary regarding why the nation continues to struggle with such a challenging issue. In our text Chapter 6 titled “The City/Suburban Divide” (Judd & Swanstrom, 2015, p. 136) identifies a subject that very well may contribute to the tension. A reference to the “urban crisis” describes a landscape that is littered with “high levels of segregation, inequality and poverty, along with racial and ethnic tensions.” (Judd, et al., p. 165) Many scholars argue that the crisis was a result of the demographic changes the nation experienced following World War II as advancements in technology and infrastructure aided White Mobility. The term “White Flight” has been used to describe a massive relocation early in the twentieth century when the White Middle-Class population left the cities for suburban areas following the great migration.

Starting in the 1890s, segregation laws known as the Jim Crow Laws dominated the United States, specifically in the South. These laws required schools, parks, libraries, forms of public transportation and even drinking fountains to be segregated into “Whites Only” and “Coloreds”. Although the Jim Crow Laws intended to treat blacks “separate but equal”, blacks received poorer conditions in their public facilities, were denied the right to vote and were treated with no respect from the whites (Jim Crow Laws). In Richard Wright’s essay, “The Ethics of Living Jim Crow: An Autobiographical Sketch”, Wright describes his first-hand experience with these laws and the negative encounters he has faced just because of the color of his skin.

The Chicago Public School system was slow to integrate even after the Brown v. Board of Education ruling of 1954. It took much protesting, federal involvement and public outrage to finally bring about more racial equality for the students of Chicago. While the Brown v. Board of Education ruling is thought of as being the reason any racial equality was brought to schools after such long hardships for the African American students, Chicago had a difficult time bringing the ruling to fruition and federal involvement was needed. The Chicago Public School’s Desegregation Consent Decree of 1980 was the order that changed the public schools for the good. Chicago’s story of integration is different than those of other big cities in the U.S, due to the federal government 's large involvement. Through the years after the Brown vs. Board of Education ruling, the School Superintendents changed and school desegregation was faced in different ways. This essay examines what led to the federal government 's involvement with the Chicago Public School system’s desegregation plan. As well as the effects of desegregation on all students in Chicago.

Affirmative Action has become of the most controversial social policy issues to be discussed in recent years. It is controversial because it challenges fundamental American beliefs. As Seymour Martin Lipset put it: "Affirmative Action policies have forced a sharp confrontation between two core American values: equality and individualism."(Dudley7) This values oriented approach, which pervades popular discussion and derives from functionalist sociology, fails to explain why similar challenges to our core values did not in the past result in the kind of spite surrounding Affirmative Action today. As the popular lore and written history of urban politics in America

The 14th Amendment of the U.S. Constitution helped ratify state imposed segregation of black and white. However, at the time of the 14th Amendments inception public schools were governed mostly by private committees that made rules to regulate schools as they saw fit. Due to this, little to no change was seen in the public school system regarding segregation. Since that time the notion of “free common schools” has prevailed and the belief that public schools should exist for all children regardless of sex, age, race, religion, etc.

A year later, the courts made a decision in Brown II that “school officials proceed with all deliberate speed as they forged school systems not based on color distinction” (Anderson 4). Once these changes for African Americans began, supporters of segregation became more determined to remain the majority in power. Whites were upset that federal authorities overrode their desires and “sponsored a dangerous inversion of the South’s cherished traditions and the nation’s racial heritage” (Anderson 4). In their minds, blacks did not have a right to become educated, to have money, or to even be in the same category as them. White considered themselves racially superior and wanted it to remain that way.

Today—nearly fifty years after the Brown decision—explicit endorsements of school segregation have been erased from all state and federal laws, yet the faces of American schools remain eerily similar to those of the 1950s. Current funding inequalities between poor and wealthy districts perpetuate the same inequalities between the races that state-sponsored segregation once did.

According to Massey and Denton (1988), residential segregation “is the degree to which two or more groups live separately from one another, in different parts of the urban environment”(282). Now this is a pretty general definition, but it gives basic but good insight as to what residential desegregation is talking about. In this paper, I will mostly be focusing on residential segregation as it relates to the black and white populations in relation to one another, although I will be referencing some other races briefly to create a better understanding of concepts or ideas.

Pritchett. Wendell E. Manning. Robert D. 2005. “A National Issue: Segregation in the District of Columbia and Civil Rights Movement at Mid-Century”

Racial segregation has had a long history in Chicago. While separation by nationality had always been apparent in the city, with neighborhoods typically being dominated by a certain ethnicity, no group of Chicagoans experienced the degree of segregation that African Americans faced in everything from the housing districts to public services. Forced to live only in designated areas by de facto segregation, redlining, and other tactics, they had limited chances to escape the cycle of danger and discrimination of the city. Confined to only their deteriorating neighborhoods,they had little chance.

It was a way to constraint African Americans to areas that were far away from those with status, class, and power. Segregation led to discrimination in economic opportunities, housing, and education. The black culture has suffered from the barriers that were placed through segregation. However, the Civil Rights Act of 1964 and the Fair Housing Act of 1968 tried to limit some of the discrimination associated with segregation. It was discovered that even a “rising economic status had little or no effect on the level of segregation that blacks experience” (Massey and Denton 87). The authors imply that “black segregation would remain a universal high” (Massey and Denton 88). The problem with the continuing causes in Segregation is that even though the Fair Housing act was placed, many realtors still discriminate against blacks “through a series of ruses, lies, and deceptions, makes it hard for them to learn about, inspect, rent, or purchase homes in white neighborhoods” (Massey and Denton 97). Segregation and discrimination have a cumulative effect over time. Massey and Denton argued that the “act of discrimination may be small and subtle, together they have a powerful cumulative effect in lowering the probability of black entry into white neighborhood” (98). William Julius Wilson had

We have come to understand public education in the United States as a core principle of one’s rights as a citizen in spite of it not explicitly guaranteed within the Constitution. Despite the passage of the 13th, 14th, and 15th Amendments, we continue to witness the fight for complete and total integration within our public schools and thus, racial equality. The 14th Amendment forbid states from denying any person within its jurisdiction the equal protection of the laws, but was unclear in terms of it’s exact intention with respect to public education. As a result, were unable to see the effective use and enforcement of the 13th, 14th, and 15th Amendments until approximately the 1940s for a number reasons, but I believe that structural racism is the foremost cause. Today, we find ourselves struggling to achieve full integration within our public school system due to the covert intentions behind structural racism and therefore, it’s ability to overpower the law. Structural racism has the ability to impact legal authority in such a way where we end up with a lack of appropriate enforcement legislation at the Supreme Court level and a lack of acknowledgement and remedies for de jure segregation and thus, it is the primary cause of the current segregation within the American public school system.