Ghosts of Jim Crow This page intentionally left blank Ghosts of Jim Crow Ending Racism in Post-Racial America F. Michael Higginbotham a NEW YORK UNIVERSITY PRESS New York and London NEW YORK UNIVERSITY PRESS New York and London www.nyupress.org © 2013 by F. Michael Higginbotham All rights reserved References to Internet websites (URLs) were accurate at the time of writing. Neither the author nor New York University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. Library of Congress Cataloging-in-Publication Data Higginbotham, F. Michael. Ghosts of Jim Crow : ending racism in post-racial America / F. Michael Higginbotham. pages cm Includes bibliographical references and index. ISBN 978–0–8147–3747–7 (cl : alk. paper) — ISBN 978–0–8147–2446–0 (e-book) — ISBN 978–0–8147–6090–1 (e-book) 1. African Americans—Civil rights—History. 2. African Americans—Segregation— History. 3. United States—Race relations. 4. Racism—United States—History. I. Title. E185.61.H58 2013 305.896'073—dc23 2012038383 New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppliers and materials to the greatest extent possible in publishing our books. Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 To Mom and Dad, with gratitude for all the wonderful memories This page intentionally left blank Contents Acknowledgments ix Preface 1 Introduction: Understanding the Racial Paradigm 25 Part I: Creating the Paradigm: Racial Hierarchy . Constructing Racial Categories from the Nation’s Founding to the Civil War 45 . Maintaining White Dominance during Reconstruction 63 . Preventing Black Excellence between Plessy and Brown 85 Part II: Sustaining the Paradigm: White Isolation and Black Separation and Subordination . Maintaining Racial Segregation in Schools and Neighborhoods from Brown to the 21st Century 119 . Victimizing Blacks in the 21st Century 141 Part III: Ending the Paradigm: Building a Post-Racial America . Black Empowerment and Self-Help 181 . Integration and Equality 201 Notes 223 Table of Cases 301 Index 305 About the Author 316 vviiii This page intentionally left blank Acknowledgments IT IS OFTEN said, “A camel is a horse built by committee.” This book is my camel, and there are many committee members to whom I am indebted. The idea for Ghosts of Jim Crow began with the many celebrations of the fiftieth anniversary of Brown v. Board of Education. I startedthinking about the progress, or lack thereof, that blacks have made since 1954. The publishing process can be long and arduous. Thankfully, Derrick Bell, Chris Gowen, Tony Kronman, Alan Nierob, Robert Shepard, Wendy Strothman, and Charles Tiefer provided guidance to help me navigate through it. The University of Baltimore School of Law and the Wilson H. Elkins Professorship of the University of Maryland System provided indispens- able research grants to facilitate this project. The support provided by Dean Gilbert Holmes and Dean Phil Closius was invaluable to the com- pletion of this book. I have been most fortunate to have had many outstanding student re- search assistants and editors. I thank Anastasia Albright, Phyllis Book, Ty- ler Buck, Allison Busby, Sam Draper, Ranya Ghuma, Spencer Hall, Patrick Heffron, Alex Hughs, Terri Ann Jones, David Krum, Steve Leroux, Andrew Linberg, Donald “Doc” Lumpkins, Alexis Martin, Andrew Moss, Elaine Nietmann, John Rochester, Malcolm Ruff, G. Adam Ruther, Susan Sen- keeto, Jonathan Singer, Jeff Solof, Bjorn Thorstensen, Alana Williams, Matt Williamson, Jeremy Wilson, Kate Winston, and Kate Wolfson. Deep appreciation goes to the relatives, friends, and colleagues who re- viewed draft chapters—their insights helped me to find my way through racial minefields. I thank José Anderson, Kathy Bergin, Taylor Branch, Kevin Brown, Paula Wright Coleman, Eric Easton, Garrett Epps, Leigh Goodmark, Desiree Gordy, John Hagen, Evelyn Brooks Higginbotham, Robert Higginbotham II, Donald Jones, Robert Kaczorowski, Jeff Lifson, Rhonda Overby, Dominic Ozanne, Bob Pool, Arnie Rochvarg, Ernest Ru- benstein, and Mike Suter. ix
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