The Misunderstood Consequences of Shelley v. Kraemer Extended Abstract

Similar documents
The Effects of Immigration on Age Structure and Fertility in the United States

Dominicans in New York City

The Latino Population of New York City, 2008

Fertility Rates among Mexicans in Traditional And New States of Settlement, 2006

NCRCRD. Trends in North Central Latino Demographics. North Central Regional Center for Rural Development. Policy BRIEF

A Profile of Latina Women in New York City, 2007

Peruvians in the United States

IV. Residential Segregation 1

Residential segregation and socioeconomic outcomes When did ghettos go bad?

Minority Suburbanization and Racial Change

John Parman Introduction. Trevon Logan. William & Mary. Ohio State University. Measuring Historical Residential Segregation. Trevon Logan.

The Rise and Decline of the American Ghetto

The Changing Racial and Ethnic Makeup of New York City Neighborhoods

Migration Information Source - Chinese Immigrants in the United States

3Demographic Drivers. The State of the Nation s Housing 2007

8 Pathways Spring 2015

Segregation in Motion: Dynamic and Static Views of Segregation among Recent Movers. Victoria Pevarnik. John Hipp

Heading in the Wrong Direction: Growing School Segregation on Long Island

Mortgage Lending and the Residential Segregation of Owners and Renters in Metropolitan America, Samantha Friedman

Benefit levels and US immigrants welfare receipts

Accounting for Regional Migration Patterns and Homeownership Disparities in the Hmong-American Refugee Community,

Community Well-Being and the Great Recession

CLACLS. A Profile of Latino Citizenship in the United States: Demographic, Educational and Economic Trends between 1990 and 2013

The geography of exclusion

For each of the 50 states, we ask a

Global Neighborhoods: Beyond the Multiethnic Metropolis

Extended Abstract. The Demographic Components of Growth and Diversity in New Hispanic Destinations

Great Gatsby Curve: Empirical Background. Steven N. Durlauf University of Wisconsin

Aged in Cities: Residential Segregation in 10 USA Central Cities 1

Immigrants Working for US

Trends in Poverty Rates Among Latinos in New York City and the United States,

Washington Heights/Inwood Demographic, Economic, and Social Transformations with a Special Focus on the Dominican Population

Mexicans in New York City, : A Visual Data Base

8AMBER WAVES VOLUME 2 ISSUE 3

Complaints not really about our methodology

Migration Patterns and the Growth of High-Poverty Neighborhoods,

Segregation in the Boston Metropolitan Area at the end of the 20 th Century

Part 1: Focus on Income. Inequality. EMBARGOED until 5/28/14. indicator definitions and Rankings

SECTION TWO: REGIONAL POVERTY TRENDS

Chinese on the American Frontier, : Explorations Using Census Microdata, with Surprising Results

Institute for Public Policy and Economic Analysis

4 The Regional Economist Fourth Quarter 2017 THINKSTOCK / ISTOCK / KINWUN

Saturation and Exodus: How Immigrant Job Networks Are Spreading down the U.S. Urban System

Racial integration between black and white people is at highest level for a century, new U.S. census reveals

URBAN POLITICS IN AMERICA

Black Immigrant Residential Segregation: An Investigation of the Primacy of Race in Locational Attainment Rebbeca Tesfai Temple University

Volume 35, Issue 1. An examination of the effect of immigration on income inequality: A Gini index approach

Reconsidering the spatial assimilation model for Mexican Americans: What is the effect of regional patterns of cohort succession?

Great Lakes Prosperity: The Promise of Investing in People

BOOK SUMMARY. Rivalry and Revenge. The Politics of Violence during Civil War. Laia Balcells Duke University

Cook County Health Strategic Planning Landscape

RACIAL-ETHNIC DIVERSITY AND SOCIOECONOMIC PROSPERITY IN U.S. COUNTIES

The Great Recession and Neighborhood Change: The Case of Los Angeles County

What Lies Ahead: Population, Household and Employment Forecasts to 2040 April Metropolitan Council Forecasts to 2040

Population Vitality Overview

MEXICAN MIGRATION MATURITY AND ITS EFFECTS ON FLOWS INTO LOCAL AREAS: A TEST OF THE CUMULATIVE CAUSATION PERSPECTIVE

Black access to suburban housing in America s most racially segregated metropolitan area: Detroit

REPORT. PR4: Refugee Resettlement Trends in the Midwest. The University of Vermont. Pablo Bose & Lucas Grigri. Published May 4, 2018 in Burlington, VT

HOUSEHOLD TYPE, ECONOMIC DISADVANTAGE, AND RESIDENTIAL SEGREGATION: EMPIRICAL PATTERNS AND FINDINGS FROM SIMULATION ANALYSIS.

Economic Racism: A Look at Rental Prices in 1930

Living Far Apart Together: Dual-Career Location Constraints and Marital Non-Cohabitation

SPATIAL NETWORKS & HOUSING

INEQUALITY IN CRIME ACROSS PLACE: EXPLORING THE ROLE OF SEGREGATION. Lauren J. Krivo. Ruth D. Peterson. and. Danielle C. Payne

Older Immigrants in the United States By Aaron Terrazas Migration Policy Institute

DATA PROFILES OF IMMIGRANTS IN THE DISTRICT OF COLUMBIA

COMPARATIVE ANALYSIS OF NEIGHBORHOOD CONTEXTS: ANNIE E. CASEY FOUNDATION CITIES

Racial Segregation in Iowa s Metro Areas, Policy Report. January 2017

POLICY Volume 5, Issue 8 October RETHINKING THE EFFECTS OF IMMIGRATION ON WAGES: New Data and Analysis from by Giovanni Peri, Ph.D.

LIMITS ON HOUSING AND NEIGHBORHOOD CHOICE: DISCRIMINATION AND SEGREGATION IN U.S. HOUSING MARKETS

Cities, Suburbs, Neighborhoods, and Schools: How We Abandon Our Children

Revisiting Residential Segregation by Income: A Monte Carlo Test

Political Science 913/Urban Studies 913 Urban Political Process Spring Course Overview

COMPARATIVE ANALYSIS OF METROPOLITAN CONTEXTS: ANNIE E. CASEY FOUNDATION CITIES

Becoming Neighbors or Remaining Strangers? Latinos and Residential Segregation in the Heartland

Migration Policy Institute

LATINO DATA PROJECT. Astrid S. Rodríguez Ph.D. Candidate, Educational Psychology. Center for Latin American, Caribbean, and Latino Studies

ECONOMIC COMMENTARY. The Concentration of Poverty within Metropolitan Areas. Dionissi Aliprantis, Kyle Fee, and Nelson Oliver

irat Unit 1 News? Missed questions? Does any team want to appeal? Population Pattern, Data World Population Growth Through History

Puerto Ricans in the United States, : Demographic, Economic, and Social Aspects

Where Do We Belong? Fixing America s Broken Housing System

Gender Gap of Immigrant Groups in the United States

The Brookings Institution Metropolitan Policy Program Alan Berube, Fellow

Wednesday, August 31, 2011

The Rise of the Black Middle Class and Declines in Black-White Segregation, *

The Brookings Institution Metropolitan Policy Program Robert Puentes, Fellow

Towards a Policy Actionable Analysis of Geographic and Racial Health Disparities

Was the Late 19th Century a Golden Age of Racial Integration?

This data brief is the fourth in a series that profiles children

Racial Inequities in Montgomery County

Inequality in Labor Market Outcomes: Contrasting the 1980s and Earlier Decades

FROM ELLIS ISLAND TO THE QUEEN CITY: IMMIGRATION GEOGRAPHY AND CHARLOTTE IN THE 21 ST CENTURY

The Quarterly Review of Economic News & Insight. Economic Currents. Economic Indices for Massachusetts. Population Change, Housing, and Local Finance

Latino Voter Registration and Participation Rates in the November 2016 Presidential Election

Places in Need: The Geography of Poverty and the American Safety Net

Economic Segregation in the Housing Market: Examining the Effects of the Mount Laurel Decision in New Jersey

Research Update: The Crisis of Black Male Joblessness in Milwaukee, 2006

South Salt Lake: Fair Housing Equity Assessment

Topics / The Great Migration, / Great Migration / Great Migration (Overview)

Racial Inequities in the Washington, DC, Region

Measuring Residential Segregation

Transcription:

The Misunderstood Consequences of Shelley v. Kraemer Extended Abstract Yana Kucheva Department of Sociology, University of California Los Angeles California Center for Population Research Richard Sander UCLA School of Law Shelley v. Kraemer (1948) is one of the most celebrated decisions in the history of the United States Supreme Court. By holding that neither federal nor state courts could enforce a restrictive covenant to evict a black homebuyer, the Court signaled its willingness to use the Fourteenth Amendment to strike down even indirect governmental actions that fostered racial segregation. No one questions the legal significance of Shelley; in legal circles, it is viewed as a critical precursor to Brown v. Board of Education (1954). But housing segregation scholars have tended to minimize Shelley s practical importance. Some have argued that Shelley was largely superfluous, because by the late 1940s restrictive covenants were often dismissed by the courts or circumvented by real estate agents. Others have suggested that Shelley was ineffective because blacks lacked the capacity to enforce their rights and because white neighborhoods and institutions had so many other methods available to stop black entry. Oddly enough, no one (to our knowledge) has ever undertaken an empirical examination of how Shelley changed the housing opportunities of affected minorities blacks in particular, but Jews, Asians, and Hispanics as well. In this paper, we attempt such an evaluation, and we find strong support for the proposition that Shelley had a rather dramatic impact upon the housing opportunities available to blacks. Just as important, we find that this shift in opportunities changed the dynamics of black ghettos in ways that have never been understood, and which have important implications for basic debates about urban policy and the black underclass. The Function of Racially Restrictive Covenants in the Interwar Years Housing segregation was a comparatively minor issue for American blacks before World War I. Not only was the black population overwhelmingly rural but, most urban blacks lived in the South, where whites generally relied on rigid social codes and Jim Crow laws to enforce social separation. For blacks who lived in northern urban areas in 1910, segregation levels were moderate and not dramatically higher for blacks than for, say, Italian or Polish immigrants. By 1920, however, the situation had changed decisively. The beginning of war in Europe in 1914 fueled large increases in American manufacturing, and a new awareness among southern blacks that genuine economic opportunities awaited them in the North. Some northern factory owners, enticed by the cheapness of black labor and the possibility of using black workers to break the growing power of white unions, actively recruited blacks in the South to migrate north. The black urban northern population roughly doubled between 1910 and 1920. In a number of major cities, blacks by 1920 were the single largest ethnic minority. Since new arrivals in cities tended to cluster close to existing ethnic concentrations, many communities that had been reasonably integrated in 1910 became predominantly black by 1920. White workers often intensely resented 1

the arriving blacks, for any number of reasons: economic competition, anger at blacks willingness to work as scabs, cultural differences, and general concern about black invasion into new neighborhoods. When racial tensions erupted into the massive Chicago race riot of 1919, it seemed clear to nearly everyone that something must be done. For many white elites, and very widely in ethnic neighborhoods close to black concentrations, a clear delineation of black and white areas seemed an obvious strategy. How to accomplish housing segregation was not so obvious. A few southern and border cities had passed racial zoning laws in the 1910s, but in 1918 the Supreme Court held (in Buchanan v. Warley) that such laws were illegal. Although it is possible that some southern cities continued to use city zoning powers to create racial districts, Buchanan eliminated this possibility in large northern cities. Mobilizing the housing industry, including real estate agents, mortgage lenders, and major apartment owners, was an alternative strategy. This became the dominant practice, and probably constituted the single greatest set of forces behind the creation of black ghettos. During the 1920s, segregation levels increased dramatically in nearly every major northern city; by 1930, all of these cities had well defined black ghettos. What was the role of racially restrictive covenants in this process? As a tool for quickly initiating organized discrimination, restrictive covenants were awkward, if not completely impractical. Covenants were mutual agreements among all the property owners in a particular geographic area to abide by certain restrictions in the use of their property. To be binding, covenants required the initial consent of every property owner affected by the agreement though once this was obtained, and provided various legal limitations were observed, the covenants were binding on future owners. But getting initial consent was expensive and timeconsuming, unless the land was bound while it was still undeveloped, and subsequently sold in small parcels with the covenants already established. Thus, homeowners in developed areas that were already somewhat integrated, or that seemed likely to become integrated soon, would be very loath to bind themselves to a restriction that might make one s property untransferable in the future. Racially restrictive covenants were more practical as a sort of second line of defense adopted in areas that wanted to protect themselves from long-term threats of racial invasion. But while racially restrictive covenants probably played only a secondary role in the initial construction of ghettos, they plausibly became centrally important as established ghettos began to expand. In the typical northern city, intense black segregation was an accomplished fact by 1930. But during the 1930s, and especially during World War II, black populations in these cities grew dramatically generally doubling between 1930 and 1945. This meant that existing black areas became increasingly overcrowded, that black housing prices rose relative to white housing prices, and that the economic pressure to convert white neighborhoods near ghettos into black neighborhoods became, in many cities, quite intense. In this environment, racially restrictive covenants could be a potent force. The covenants would be a legal means of preventing individual white homeowners in areas close to black concentrations from selling their property to black buyers or blockbusting realtors who would often be willing to pay a large premium. In other words, racially restrictive covenants could create a binding cartel of white owners who would resist individual economic incentives to sell, and thus make possible a dual 2

housing market that was both highly segregated and maintained higher housing costs within black ghettos. The Hypothesized Consequences of Shelley v. Kramer If this description of the role of racially restrictive covenants in northern cities is accurate, then it would be unsurprising if Shelley v. Kraemer had important effects upon black mobility after 1948. Several developments should follow: (a) With the cartel phenomenon gravely weakened, but with other forms of organized discrimination still flourishing, one might expect a pattern of invasion and conversion, in which white neighborhoods bordering existing black areas witness a few sales of housing to black buyers, followed by rapid entry of many more black families, white flight, and resegregation of the neighborhood to all or predominantly black. In this process, the overall level of segregation between whites and blacks remains high, but the number of black neighborhoods increases rapidly. (b) Black housing prices begin to fall relative to white housing prices as the cartel loses power and the number of black neighborhoods rises. (c) The neighborhoods most affected by the decline of restrictive covenants are singlefamily home areas. The number of homes occupied by blacks thus significantly increases. (d) Because the new areas occupied by blacks include more single-family homes and generally should have higher quality housing than the pre-shelley, very overcrowded black ghettos, middle-class blacks play a predominant role as those entering these previously-white areas. (e) All the prior factors should contribute to an increase in economic segregation within the black community. The new availability of single-family housing in more attractive neighborhoods leads to a predominantly middle-class emigration from the old black ghetto, which consequently is more dominated by the black poor. (f) Many other groups were incidentally affected by racially restrictive covenants. Once the substantial investment in creating the covenants was incurred, the cost of expanding the list of excluded groups was minimal. Consequently, most of these covenants excluded not only blacks, but Mexicans, Jews, and Asians. Plausibly, each of these groups should have experienced greater mobility into areas covered by covenants after Shelley. Our paper is essentially an exploration of these hypothesized developments that, according to our stylized description of typical patterns of northern mid-century housing segregation and the typical role of racially restrictive covenants, should have followed the Shelley decision. Note that factor (e) is particularly relevant to some important, long-standing debates among sociologists such as William Julius Wilson and Douglas Massey about the degree to which fair housing laws contributed to the emigration of middle-class blacks from ghettoes and the increasing isolation of low-income blacks. Both Wilson and Massey assumed that this 3

emigration, if it occurred, would have started during the 1960s, when the federal and many state governments began to move directly against housing discrimination. But if our hypothesis is correct, the key decade in this process may have been the 1950s. Methods and Data This paper examines the spatial changes of minority residential patterns precipitated by Shelley as well as the effect that the case had on within-group economic segregation. Data for this project come from the 1940, 1950, 1960 and 1970 US Decennial Censuses. We examine changes in key demographic, social and economic characteristics of census tracts across northern US metropolitan areas and model these changes using both descriptive statistics and regression analysis. For all analyses, we normalize census tract boundaries to the lowest common area using published boundary change tables, so that geographic variation in the size and shape of census tracts over time does not influence the analysis. We accessed census tract data through the National Historic Geographic Information System (NHGIS) archive, which houses the digitized versions of historic Census data. Supplementary homeownership and home value analyses are based on data from the Integrated Public Use Microdata Series (IPUMS) USA, which is a database of high precision samples of the American population drawn from federal decennial censuses. Each of the hypotheses sketched out in the last section has a testable empirical implication. Our general approach is threefold. First, we treat the 1940-50 period as a pre- Shelley era and the 1950-60 period as a post-shelley era. We examine the degree to which changes in the 1950s, compared to the 1940s, occurred (at the metropolitan level) in the direction predicted by our hypotheses in a large sample of major northern cities. The tables and maps appended to this abstract illustrate some of our initial findings. We have found, for example, that the geographic size of predominantly black areas in these cities did, indeed, accelerate dramatically in the 1950s relative to the 1940s, that middle-class blacks were the dominant occupiers of the newly acquired black housing (Figures 1 and 2), and that economic segregation levels within the black community did increase sharply in the 1950s (Table 3), even as overall black/white segregation levels remained essentially unchanged (Table 1). Second, we use tract-level regression analysis to test whether the neighborhoods entered by blacks during the1950s were different from those entered in the 1940s in ways that fit out hypotheses: for example, were they areas that had larger proportions of single-family homes? Were they areas adjacent to middle-class portions of the existing black ghetto? Specifically, we will model the percent minority residents within a neighborhood in 1950 as well as 1960 using information on the characteristics of the same neighborhood ten years prior, such as the percent minority, the distance to the nearest census tract with high minority concentration, the percent black in adjacent tracts, the percent of residents who have resided in the same unit for more than 20 years as well as for less than a year, and the percent owner-occupied housing. This regression model will allow us to trace any changes in the determinants of racial succession in the period after Shelley compared to the one before. 4

Third, we use metropolitan-level regression analysis to test whether there was an association between urban areas that made greater use of restrictive covenants, and areas that saw a more dramatic shift, in the ways that we have described, from the pre-shelley to post- Shelley eras. While there is no complete analysis of the extent of restrictive covenants across all cities, there are a number of primary and secondary sources that allow us to roughly group urban areas according to high, medium, and low use of restrictive covenants. Our hypotheses predict that the nature and pace of change in the 1950-60 decade, relative to the 1940-50 decade, should be much more sharply distinguished in cities with high use of racially restrictive covenants. Conclusion While Shelley v. Kraemer is one of the seminal civil rights cases of the US Supreme Court, some have argued that is had no practical implications for the dynamics of racial segregation. Nevertheless, preliminary evidence suggests that it had a dramatic impact upon the housing opportunities available to blacks as well as upon the dynamics of black ghettos. By examining the spatial changes of minority residential patterns precipitated by Shelley as well as the effect that the case had on economic segregation, this paper sheds light on basic debates about urban policy and the black underclass. 5

Table 1. Index of Dissimilarity Chicago Detroit St. Louis 1940 White & Black 0.94 0.84 0.85 White & Russian 0.56 0.6 0.67 White & Hispanic 0.67 0.54 0.44 1950 White & Black 0.91 0.83 0.85 White & Russian 0.53 0.6 0.65 White & Hispanic 0.61 0.49 0.33 1960 White & Black 0.92 0.84 0.85 White & Russian 0.54 0.51 0.53 White & Hispanic 0.76 0.78 0.82 Table 2. Homeownership Rates, (Percent of Occupied Housing by Race) Chicago Detroit St. Louis 1940 White 26 43 30 Non-White 7 17 7 Total 24 41 27 1950 White 33 60 38 Non-White 11 35 18 Total 30 57 35 1960 White 39 70 42 Non-White 16 40 27 Total 34 64 38 Table 3. Index of Dissimilarity: Non-White Families by Income, Chicago 1950 0-2000 2000-3500 3500-5000 5000-7000 7000+ 0-2000 0.12 0.2 0.27 0.29 2000-3500 0.12 0.13 0.2 0.23 3500-5000 0.2 0.13 0.13 0.17 5000-7000 0.27 0.2 0.14 0.18 7000+ 0.29 0.23 0.18 0.18 1960 0-3000 3000-5000 5000-7000 7000-10000 10000+ 0-3000 0.16 0.27 0.35 0.44 3000-5000 0.16 0.18 0.24 0.35 5000-7000 0.27 0.18 0.15 0.24 7000-10000 0.35 0.24 0.15 0.19 10000+ 0.44 0.35 0.24 0.19 1970 0-5000 5000-7000 7000-10000 10000-15000 15000+ 0-5000 0.18 0.27 0.38 0.49 5000-7000 0.18 0.18 0.29 0.4 7000-10000 0.27 0.18 0.17 0.29 1000-1500 0.38 0.29 0.17 0.18 15000+ 0.49 0.4 0.29 0.18 6

Fig 1. Change in Number Non-White, 1950-60 Fig 2. Percent Black with Income $10K+, 1960 7

Bibliography Massey, Douglass and Zoltan Hajnal. 1995. The Changing Structure of Black-White Segregation in the United States. Social Science Quarterly 76(3): 527-542. Minnesota Population Center. National Historical Geographic Information System: Pre-release Version 0.1. Minneapolis, MN: University of Minnesota 2004. http://www.nhgis.org Shelley v. Kraemer, 334 U.S. 1, 1948 Steven Ruggles, Matthew Sobek, Trent Alexander, Catherine A. Fitch, Ronald Goeken, Patricia Kelly Hall, Miriam King, and Chad Ronnander. Integrated Public Use Microdata Series: Version 4.0 [Machine-readable database]. Minneapolis, MN: Minnesota Population Center [producer and distributor], 2008. U.S. Bureau of the Census. 2000 Census of the Population and Housing: Characteristics for Census Tracts and Block Numbering Areas. Washington, D.C.: Government Printing Office. Wilson, William Julius. 1987. The Truly Disadvantaged: The Inner City, the Underclass, and Public Policy. Chicago: University of Chicago Press 8