Systemic Racism 101

Part 3: New Jim Crow

Subheading

Quote Excerpt

Author | Date

Southern Realignment

Whereas Reconstruction ended with an era of overt backlash and backdoor solutions to maintaining white supremacy, the end of the 20th century was about declaring the Civil Rights movement over and sweeping inequality under the rug. The political landscape changed as the Southern Strategy brought many former segregationists into the Republican Party using coded language like “protecting traditional values” and “returning power to the states” after an era of federal expansion to enforce equal rights and opportunity. Democrats and Republicans went back and forth over economic regulations and social programs that addressed economic inequality such welfare, busing, and affirmative action. Following several decades of judicial reform, the executive and legislative branches worked together to get tough on crime. The country became increasingly focused on other issues like Watergate, the energy crisis, and the Middle East.

Electoral Map of 1968 shows where states in the Deep South voted for George Wallace, running on the segregationist platform of the American Independent Party.

Atwater: As to the whole Southern strategy that Harry Dent and others put together in 1968, opposition to the Voting Rights Act would have been a central part of keeping the South. Now [Reagan] doesn't have to do that. All you have to do to keep the South is for Reagan to run in place on the issues he's campaigned on since 1964 [...] and that's fiscal conservatism, balancing the budget, cut taxes, you know, the whole cluster...

Questioner: But the fact is, isn't it, that Reagan does get to the Wallace voter and to the racist side of the Wallace voter by doing away with legal services, by cutting down on food stamps?

Atwater: Y'all don't quote me on this. You start out in 1954 by saying, "N---, n---, n---." By 1968 you can't say "n---," that hurts you. Backfires. So you say stuff like forced busing, states' rights and all that stuff. You're getting so abstract now [that] you're talking about cutting taxes, and all these things you're talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites..."

Lee Atwater, from an Interview (1981)


Mass Incarceration

After working for years to clarify the procedures that must be followed to ensure due process of law for all people (e.g. Miranda Rights, right to a public defense in non-capital cases, exclusionary rule for improperly gained evidence, no excessive bail), the Supreme Court imposed a four-year moratorium on the use of the death penalty because in all of these cases, the groups that were most vulnerable to having their legal rights violated were poor minorities. Black defendants were more likely to be sentenced to death, especially if the case included a white victim. The Court lifted the moritorium in each state after submitting an acceptable plan to prevent "arbitrary" use of the death penalty.

The War on Drugs is the most significant example of a legal policy that disproportionately hurt the Black community due to implicit bias and intentional political strategy. Not only were Black defendants more likely to be caught, charged, and sentenced than white defendants, but the types of drugs most frequently used in Black communities carried longer sentences than those used in white communities because of unbalanced media coverage. Black men convicted for non-violent, minor drug offenses spent more time in jail than many white men convicted of violent crimes due to mandatory minimums and the three strikes policy. Untold numbers of Back men were stripped of their freedom, pride, employability for wages, and right to vote.

Rather than rely on race, we use our criminal justice system to label people of color “criminals” and then engage in all the practices we supposedly left behind. Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you’re labeled a felon, the old forms of discrimination—employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service—are suddenly legal. As a criminal, you have scarcely more rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow. We have not ended racial caste in America; we have merely redesigned it.

Michelle Alexander, The New Jim Crow (2010)


Police Bias & Brutality

This “war” also funneled more money, weapons, and discretionary power to law enforcement at all levels of government. By the time the officers who beat Rodney King were acquitted, Black men already expected to be profiled as “thugs” by the police, harassed, and treated with excessive force. The riots that broke out in LA after the trial brought attention to the serious conflict of courts needing to trust the testimony of police officers while also holding them accountable when they abuse their power.

After the events of September 11th, the surveillance and militarization of the police escalated. The visibility of this problem became national news during the unrest in Ferguson, Missouri in 2014 after the officer who shot 18-year-old Michael Brown was not indicted. By 2020, due to a series of incidents occurring in a short time, calls to defund and abolish the police began to be taken seriously and debated in the media.

School systems, struggling to overcome their own biased policies and properly train school resource officers (SROs), have been experimenting with restorative, culturally sensitive practices to eliminate the “school-to-prison pipeline” that suspends and refers students of color to law enforcement at an alarmingly high rate.

Screenshot from nationally televised footage of Rodney King beating (March 3, 1991). PBS. The original home video was shot by George Holliday.

Quote

Colorblind Racism

In an attempt to prove that our society had moved past racial injustices, a movement to create a “colorblind” society emerged from the left, right, and center. During the 1980s-1990s, economic policies that needed justification because they disproportionately hurt people of color generated narratives like the “welfare queen”, dependent upon government handouts or abusing the system. Strong and comprehensive statistical evidence was gathered that shows Black communities have been more likely than comparable white communities to be hurt by environmental toxins, natural disasters, lack of insurance, poor health care, transportation issues, disease, low educational attainment, dangerous working and living conditions, and police brutality.

Yet, when people of color have tried to speak of these inequities and injustices (e.g. Katrina, Flint, Covid-19), they have been largely ignored, discounted, vilified, or accused of “playing the race card” to stir up division. And the most inflammatory criticism one could use to undercut a policy proposal, such as the Affordable Care Act, was to call it “reparations.” The most obvious example that has brought the idea of color-conscious policy making into the spotlight is the Black Lives Matter movement. From its inception, opponents have tried to discredit and silence the movement with the retort, “All Lives Matter.” Only with the gruesome video of George Floyd’s murder by Minneapolis police in 2020, following several months of social isolation, death, and economic crisis related to the coronavirus pandemic, did our rigid social institutions crack enough for the white masses to wake up to the pervasive systemic racism embedded in them.

Comparative bar graphs show the racial shares of population, prisoners, police officers, people shot by police, and judges in the United States in the late 2010s. Carwil Bjork-James, Assistant Professor of Anthropology, Vanderbilt University.

Quote


The Myth of Meritocracy

Though affirmative action has been supported by the military and businesses since it began in 1970, its role in college admissions continues to be challenged in the Supreme Court as reverse discrimination. In the South, most universities did not begin to truly open up to women and non-white students until the mid-1960s, with little racial diversity through the 1970s. White women were the main beneficiaries of affirmative action policies in colleges and the workplace, though most people associate it only with racial minorities.

Opponents of affirmative action who claim it is unfair to base admissions on anything other than merit fail to have the same concern over the long-standing practice used to give preference to “legacies” of alumni, who are mostly white and rich, beginning in the 1920s to exclude Jewish and immigrant applicants. Though Congress has considered legislation banning the legacy system, it has been indefinitely tabled, presumably because of the vested interest their families have in this practice. Both public and private universities are allowed to use this system and still do.

But the reason we have affirmative action is that we once had slavery and Jim Crow and redlining and racial covenants, and that we once had all-white police forces and all-white union locals and all-white college campuses and all-white law firms. To paraphrase George Shultz, Nixon’s Secretary of Labor: for hundreds of years, the United States had a racial quota. It was zero. Affirmative action is an attempt to redress an injustice done to black people. The Fourteenth Amendment protects white people, too, but that is not why it needed to be written.

Louis Menand, The Changing Meaning of Affirmative Action (2020)


Urban Removal

When urban renewal, or gentrification, dismantled Black communities in the inner cities, white-led institutions pretended it was inevitable that those areas be chosen and that process was in everyone’s best interest. Properties were bought-out or claimed through eminent domain to build freeways, sports arenas, and upscale shopping centers. In reality, those actions were made by people who would profit and could not be prevented by the people who would be hurt and didn’t have the resources, influence, political power, know-how, or free time to stop it. Many Black residents and business owners were displaced by the construction and higher costs of living and doing business in those areas.

Caption 1

  • Video Link (Time)

When the ‘smart’ choice is ‘coincidentally’ the same as the racist’s choice, the racism is systemic...When we know policy will bring about disparate outcomes based on the color of people’s skin, it is our responsibility to address it. It is not enough to say the result is unintended. The manifestation of the Flint Water Crisis may or may not have involved bad actors, race based decisions, criminal neglect, government negligence, or simply a lack of empathy for “the other.” That will be determined by others. But to mitigate against or even prevent crises like this one we must look deeper. It is abundantly clear that race played a major role in developing the policies and causing the events that turned Flint into a decaying and largely abandoned urban center, a place where a crisis like this one was all but inevitable. We cannot predict what the next crisis will be, when it will occur, or in which decaying urban center it will happen. But we do know that unless we do something, it will occur, and it will disparately harm people of color.

Michigan Civil Rights Commission, The Flint Water Crisis (2017)


School Integration & Equity

De facto segregation has also prevented true integration of our schools. The federal government had to force the use of busing from the mid-1970s to the early 2000s due to extreme neighborhood segregation. In the 1980s and 1990s, the tracking system recreated segregation within the walls of a school building by putting students on above average, average, or below average tracks based on their aptitude. The system fell under scrutiny and limited significantly because it was so susceptible to bias and limited opportunities by creating a self-fulfilling prophecy.

The current school rating system we’ve used since the early 2000s started as part of the school accountability movement, one fueled by the conservative desire to ensure value for money and the liberal desire to measure the “achievement gap.” Though some school districts continue to use busing to diversify schools, they can no longer use race as a factor. Statistics have clearly shown that both minority student achievement and school ratings correlate more with socioeconomic status (SES) than educational practices. Other studies have shown that much, but not all, of the racial achievement gap is explained by SES.

Because schools are funded by property taxes and families use school ratings when purchasing a home in a particular area, it creates a self-fulfilling prophecy and amounts to a de facto redlining system. This also quantifies parent dissatisfaction with economically diverse schools, though data has shown positive affects of diversity on actual student outcomes. This has fueled the school choice movement, which tends to reverse racial integration because of how strongly wealth and race are intertwined in this country.

"Public schools are the foundation of a well-functioning democracy. Ironically, the exodus of white and middle-class families from their local public schools tends to cause the district schools to look more like those schools those families are trying to avoid. Well-meaning parents looking for ‘the best’ opportunities for their children, must consider the wide implications of their choices on our student populations and our society at large, and not overlook research supporting what is 'best' for all children is attending diverse, integrated schools.

"Individual choices have a systemic impact including maintaining segregation regardless of our motives. Public schools are a public good and we must fight to make sure they serve all students...

"[W]hen only 25-30% of our state’s residents have children in public schools, it is critical that everyone, not just parents, believe that public education is a public good; a shared societal benefit that educates our future labor force and leaders. Seeing education as a public good worthy of our support requires us to think not just what is best for my kids but to think of all kids as our kids."

Public Schools First NC, Segregation (2019)




Text and Graphic Design by Nancy Snipes Mosley. Images from Wikimedia Commons unless otherwise specified in the caption,. Created for Wake NCAE, 2020.