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zoning
restrictions on use of property and how property is use
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zoning ordinance
If neighborhood is majority white, a black person cannot buy or rent and vice versa
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Case involving zoning
- Buchanan v. Warley
- in violation of plessy
- no: law does not favor one race over another; instead on equal terms it burdens both races
- - municipality and local council (state actors) violates the Due Process clause of the 14th amendment “right to acquire, use, and dispose” property
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Redlining
government back insurance mortgages to increase wealth in middle class through home owning
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segregation of redlining
- -policy made it less risky for banks (they would cover if a lender defaulted)
- -permitted buyers to put less money down-if government thought loan was to0 risky to insure, bank would not issue the loan
- -government determined risk based on race, ethnicity and class-Mexicans and black home owner neighborhoods were labeled as red so their property value decreased significantly.
- -1 black family whole neighborhood could turn red-home value would depreciate
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Restrictive Covenants
agreements that “run with the land”
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redlining challenge
FHA 1968
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Restrictive covenant challened
Shelley v. Kraemer-Shelley AA buyer bought a home with a restrictive covenant
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Shelley v. Kraemer proponent argument
- Proponent’s Argument- No state action Covenant is a private agreement
- State didn’t craft the contract
- Court reviewed validity of formation
- Court intervention is color-blind
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Supreme court argument Shelley v. Kraemer
- rejects proponents argument
- covenant excludes a class of persons from purchasing property based on race
- home would be taken based on race
- participation of state/fed courts in enforcement of such covenants is state action
- covenants were not illegal but state court enforcement was illegal
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Segregation of restrictive covenants
Proponent’s Argument- No state action Covenant is a private agreement State didn’t craft the contract Court reviewed validity of formation Court intervention is color-blind
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FHA definition
Prohibits discrimination in housing on the basis of race or color, national origin, religion, sex, and disability
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examples of discrimination in FHA
- Refuse to rent or sell housing
- set different terms, conditions, or privileges of a dwelling
- misrepresent availability
- refuse to negotiate housing
- provide different housing services or facilities based on protected categories
- outlawed redlining and racial covenants
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why is it difficult to bring a FHA case
- A person attempting to buy or rent a dwelling has no comparatives
- Don’t know if their being untrue because of a protected category
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how and why testers are used
- Government testers can create comparisons on multiple cases of possible discriminatory incidents
- Showed continued discrimination over time
- Shoe prima facie case of reace discrimination
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proof of prima facie case of race discrimination
- 1 group of testers are members of a racial minority
- Group requested info about availability of a unit type
- Defendant failed or refused to provide truthful info about availability
- White group were provided truthful info
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Def. First gen barriers to voting
direct attempts to black access to the ballot based on race
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literacy test
- written or oral tests that were intended to ensure that the individual understood info related to voting
- race neutral but implementation was discriminatory
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poll taxes
- show proof of paid taxes before voting(with cash)
- most aa were share croppers and didn't have cash upfront
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Grandfather clause
Those who could vote before 1866 or 1867 or their lineal descendants would be exempt from educational, property, or tax voting requirements
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white primaries
political parties bared blacks from participating in primaries(considered private)
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Sencond gen barriers to voting
Dilution efforts to reduce impact of minority votes
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At-large elections
- combined all districts where all voters can vote for all seats of every district regardless of what district hey belong too
- allowed 50% of voters to control 100% of seats
- resulted in racially and politically homogenous elected bodies
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annexation
- municipality expands boundaries to include more white votes
- dilutes the minority vote
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racial gerrymandering
redrawing district lines to cut through minority neighborhoods, so the number of minority voting in each district would be reduced to a smaller percentage that ensures the white representatives will be elected.
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VRA section 2
- Prohibits practices or procedures that denies or abridges the right of a citizen to vote due to race, color, or membership in a language minority group
- permanent
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VRA section 4
- Provides formula to identify states/political subdivisions in which racial discrimination had been most prevalent- those would be deemed covered jurisdiction
- temporary
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VRA Sec 5
Covered jurisdictions are subject to preclearance- any proposed change in voting practices is unenforceable unless DOJ or DC Fed court approves-approval based on if practice violates section Temporary
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Shelby v. Holder issue
Whether 2006 congress acted within its authority to renew Sec 4 and Sec 5 for 25 yrs
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Majority on Shelby v. Holder decision
- Act imposes current burdens and must be justified by current needs
- Formula is based on 40 yr old facts and have no relation to the present day, based on disenfranchisement, not vote dilution
- Registration rates of minorities are above national averages in some covered jurisdiction
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Dissent of shelby v. holder
- Congress only needs to show a rational to enforce the prohibition of racial discrimination in voting
- Focused on second generation barriers-showed voter dilution efforts by covered jurisdictions in 1990s and 2000s
- DOJ blocked over 700 proposals 50% from covered jurisdictions
- Higher Section 2 violations in covered jurisdictions
- Federal intervention is still a current need
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Conclusion of Shelby v. Holder
Sections 4 and 5 are no longer justified, Congress overstepped its authority
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Impact of Shelby v. Holder
- Covered Jurisdictions no longer need to seek preclearance
- Reduces the threat of other jurisdiction from becoming covered and therefore increasing laws that dilute racial minority votes.
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VRA section 4 formula
- does state use literacy test?
- Was voter turnout in 1964 general election lower than 50% of voting age residents?
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