This piece first appeared in the IPA Review and can also be found here. It is a review of Richard Rothstein’s book The Color of Law, which can be purchased here.
Across the United States, governments at all levels participated in the segregation and consequent impoverishment of African Americans. For 100 years, from the end of the Reconstruction period following the Civil War to the 1970s, federal, state, and county administrations discriminated against African Americans in housing and employment. The effects of this discrimination haunt the US to this day, and demand remedy by the governments that participated in it.
So argues Richard Rothstein in his new book, The Color of Law. Rothstein aims to show that racial segregation in the US was not de facto but rather de jure—that is, a product of government action, sanctioned by the law. He argues that segregation is unconstitutional under the Fifth, Thirteenth, and Fourteenth Amendments and that anyone harmed by breaches of these laws is entitled to a remedy.
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