Book Review: The Color of Law

The Color of LawA new $23 million bicycle bridge is being built in our church’s neighborhood of Bronzeville in Chicago two blocks from an elementary school. The bridge will be beautiful, and when it is completed cyclists will cruise past the school on their way to the bike path. Maybe some of them will notice the crumbling entryway to the elementary school and wonder how our city can find money for a pedestrian bridge while our schools are asked to do more with less. Maybe they’ll notice the empty lots where public housing high-rises used to stand or the low-rise mixed income developments that are slowly replacing them. Maybe they’ll wonder why this neighborhood is mostly African American and why the neighborhood to the west has historically been white.

Richard Rothstein asks these kinds of questions in his meticulously researched and well-written book, The Color of Law: A Forgotten History of How Our Government Segregated America. A research associate at the Economic Policy Institute, Rothstein points out that most Americans tend to talk about segregation as being de facto, something that simply happened as the result of individual choices and preferences. Important decisions by the Supreme Court have shared these assumptions and have thus been reticent to address the destructive implications of segregation in our nation’s neighborhoods and schools. But Rothstein convincingly demonstrates that segregation in America has never been de facto; the segregation that the cyclist pedaling through our neighborhood observes is in fact de jure, a social reality constructed by our laws and public policies.

Through the middle of the twentieth century racial discrimination was federal policy. African Americans were unable to apply for federally insured mortgages, and the Federal Housing Administration would not insure any housing development that planned to admit black families. These policies extended to the first public housing developments which were first constructed for working-class European immigrants. As the need for black labor increased in northern cities, the demand for housing grew and these developments slowly opened to black residents, but they remained segregated. As European immigrants made their way in white America, they were able to move out of the housing developments, leaving behind racially concentrated pockets of poverty which were then exacerbated by new federal policies that capped the income level of the residents while simultaneously underfunding them.

Read the rest at the Covenant Companion

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