Sunday, November 5, 2017

The Color of Law by Richard Rothstein

The Color of Law: A Forgotten History of How Our Government Segregated AmericaThe Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein
My rating: 4 of 5 stars

The Color of Law makes the case that racial segregation of African Americans in the United States was largely enacted by government action, and has never been sufficiently addressed.

Much of the book is devoted to explaining the many practices, at all levels of government, that caused segregation that persists to this day. From zoning boards to police to union regulations to school boards, discrimination and segregation has resulted directly from government actions or refusal to halt unconstitutional citizen activities. I don't think there are many people who would disagree that this was the case from the Civil War until the Civil Rights movement in the 1950s and 1960s.

Rothstein takes the argument further, though, explaining how the results of segregation have caused lasting harm to those affected. Explicit racism has largely been eliminated through legislation and the courts, but very little was done to correct the results of decades of government-sponsored segregation. Generations of African Americans have lower wages, less housing equity, and fewer educational opportunities than their white counterparts. Those disadvantages compound over time, and have never been corrected.

Today's policies may no longer be explicitly based on race, but many still effectively target African Americans due to the legacy of segregation. Public services based on property values, for instance, will provide lower funding and service levels for low-income areas, which is where many African Americans still reside. Government provides more support to affluent suburbs (the mortgage interest deduction is one example), which are largely white. Even programs which support low-income citizens have restrictions which serve to keep those people in the same locations and professions...segregation in all but name.

Rothstein puts forward a few ideas for making corrections to this inequality, but he himself says that it's highly unlikely that any would be enacted. Allowing African American buyers to purchase houses at a discount proportional to their income (vs equivalent white residents), for instance. That might be correct some of the historical discrimination, but would assuredly be seen as favoritism in today's political climate.

I must admit, I found The Color of Law to be somewhat depressing. The extent of the racial discrimination in the history of our country, and the impact it still has to this day, isn't easy to face. But I think it's important to recognize these kinds of flaws, both to avoid repeating past mistakes, and to have perspective on current issues. If more people recognized this history, we might find more support for the kind of policies that can begin to undo the damage.