Ira Katznelson: When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America (2005; paperback, 2006, WW Norton)

I picked out this book after reading Paul Krugman's The Conscience of a Liberal. Krugman's theme is how the New Deal, in response to the Great Depression and World War II, led to a significant degree of income equalization in the US, both lifting many working class people out of poverty and reducing the after-tax income of the very rich. Of course, it didn't always work out like that, and this is another side of the story. Katznelson details how New Deal programs were designed to exclude blacks and how those programs that built a politically significant middle class also had the effect of increasing the economic disparity between whites and blacks. The other piece of this story, which Krugman alludes to and Katznelson describes in more detail without drawing much in the way of conclusions is how white racism, starting with the strategies southern Democrats developed to preserve segregation in face of federal "affirmative action" programs, enabled the conservative Republic ascendency that has dominated Washington from Reagan to Bush, persistently eating away at New Deal and Great Society programs while restoring income inequities to levels not seen since the Gilded Ages. The key event there was the support of southern Democrats for Taft-Hartley, undermining an organized labor movement that threatened to organize low-wage southern blacks, and ultimately damaging the Democratic party by marginalizing its labor supporters. Of course, by then the white southern Democrats had mostly switched to the Republican party.

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(pp. 22-23):

The South's representatives built ramparts within the policy initiatives of the New Deal and the Fair Deal to safeguard their region's social organization. They accomplished this aim by making the most of their disproportionate numbers on committees, by their close acquaintance with legislative rules and procedures, and by exploiting the gap between the intensity of their feeling and the relative indifference of their fellow members of Congress.

They used three mechanisms. First, whenever the nature of the legislation permitted, they sought to leave out as many African Americans as they could. They achieved this not by inscribing race into law but by writing provisions that, in Robert Lieberman's language, were racially laden. The most important instances concerned categories of work in which blacks were heavily overrepresented, notably farmworkers and maids. These groups -- constituting more than 60 percent of the black labor force int he 1930s and nearly 75 percent of those who were employed in the South -- were excluded from the legislation that created modern unions, from laws that set minimum wages and regulated the hours of work, and from Social Security until the 1950s.

Second, they successfully insisted that the administration of these and other laws, including assistance to the poor and support for veterans, be placed in the hands of local officials who were deeply hostile to black aspirations. Over and over, the bureaucrats who were handed authority by Congress used their capacity to shield the southern system from challenge and disruption.

Third, they prevented Congress from attaching any sort of anti-discrimination provisions to a wide array of social welfare programs such as community health services, school lunches, and hospital construction grants, indeed all the programs that distributed monies to their region.

As a consequence, at the very moment when a wide array of public policies was providing most white Americans with valuable tools to advance their social welfare -- insure their old age, get good jobs, acquire economic security, build assets, and gain middle-class status -- most black Americans were left behind or left out.

(p. 40):

The South's political leaders thus had to find a tolerable balance between two sources of tension. The region's poverty impelled them to pursue fresh and significant sources of federal help, especially because their states were unable to add much on their own. But they had to keep payments low and racially differentiated so as not to upset their low-wage economy, anger employers, or unsettle race relations. The key decision was an agreement by the southern supporters of the New Deal not to pay relief at a level higher than prevailing local standards. They also secured such accommodations as excluding agricultural workers from relief rolls at planting and harvesting times. Furthermore, they had to manage the strain that potentially might be placed on local practices by investing authority in federal bureaucracies. "With our local policies dictated by Washington," the Charleston News and Courier editorialized in 1934, "we shall not long have the civilization to which we are accustomed." To guard against this outcome, the key mechanism deployed was a separation of the source of funding from decisions about how to spend the new monies.

(p. 57):

An explicit legislative exclusion of agricultural and domestic workers from New Deal labor legislation first appeared in the National Labor Relations Act. To be sure, the original draft of the bill introduced by Senator Wagner contained no such exclusion. In the course of examining a witness in the Senate hearing, Senator David Walsh, a Massachusetts Democrat, observed that as the bill was drafted, "it would permit an organization of employees who work on a farm, and would require the farmer to actually recognize their representatives, and deal with them in the matter of collective bargaining."

This possibility triggered discussion of the issue when the bill was referred to the Committee on Education and Labor. Senators Hugo Black of Alabama, who later would change his views about race and segregation, and Park Trammell of Florida worked closely with three non-southern Democrats representing rural states to report a bill containing the exemption of agricultural and domestic labor in precisely the form that would be included in the final passage of the bill.

(p. 61):

During the Second World War, even this arrangement proved unsettling to the southern wing of the party. Pressed by wartime social change, southern Democrats shifted positions, moving to limit the effect of the labor regime they had helped install. With unemployment eliminated by wartime production, and with many blacks entering the industrial labor force at a time when many white workers were overseas, unions began to organize southern workers, including many blacks. In this context, southern representatives feared that the New Deal rules for labor and work they had helped create would undermine the region's traditional racial order. As a result, they shifted their votes from the pro-labor column to join with Republicans during and after the war to make it more difficult for workers to join unions and to limit their rights at the workplace. The country's system for regulating unions and the labor market took on an even more decidedly racial tilt. Politically, this shift by southern Democrats would radically transform American politics, as well as labor legislation, for decades to come.

(p. 69):

The tight labor market induced by wartime industrial expansion was fueled by large federal investments, by urbanization, and by the substantial development of military bases; this in turn facilitated aggressive union efforts to take advantage of the legal climate that had been created by the Wagner Act but previously had had little effect in the South. In just two years, from Pearl Harbor to late 1943, industrial employment in the South grew from 1.6 million to 2.3 million workers. And many farmers and sharecroppers who experienced military service or worked at war centers were not prepared to tolerate a return to prewar conditions (during the war, one in four farmworkers left the land).

(pp. 77-78):

The changes that the Portal to Portal Act wrought to the FLSA also diminished the ability of organized labor to utilize legal resources to protect workers' rights. The rules it fashioned are an object lesson in the considerable difference that seemingly modest procedural changes to public policy can make. The year 1947, the last before Portal to Portal regulations came into effect, stands out for the high number of enforcement suits filed in federal court (3,772) demanding compliance with the Fair Labor Standards Act, the most in any single year before or since. This peak reflected a steady rise in such judicial interventionism in the labor market under the aegis of FLSA during the prior three years. Once Congress enacted its amendments making such proceedings more difficult, the number of enforcement actions plummeted, in 1948, by 72 percent, to 1,062. During the decade following enactment the average annual number of suits filed was 754, representing a decline of some 80 percent from the high-water mark of 1947. Further, as the overall legal climate for labor altered and FLSA enforcement declined, the cooperation offered by many states in enforcing minimum wages and maximum hours waned, especially in the South.

When the impact of more limited possibilities became clear to the leaders of organized labor, they opted to make three fateful moves, all rational in this new context and all successful in the short term. First, they reined in their once ambitious efforts, focused on the South, to make the labor movement a genuinely national force. This strategy now had become prohibitively costly. Instead, they opted to focus attention where their strength already was considerable. Second, they concentrated on making collective bargaining a settled, orderly, and productive process, trading off management prerogatives for generous, secure wage settlements indexed to inflation. In so doing, they experimented with long-term contracts (such as the UAW-General Motors five-year agreement in 1950), while limiting their scope of attention almost exclusively to the workplace. Third, rather than continue to fight for a more advanced national welfare state for all Americans, they concentrated on securing private pension and health insurance provisions for their members that would be financed mainly by employers.

Under these circumstances, the South's political, social, and economic structure remained largely unchallenged by organized labor, the one national force that had seemed best poised to do so in the 1940s. In consequence, the emerging judicial strategy and mass movement to secure black enfranchisement and challenge Jim Crow developed independently of a labor movement that looked increasingly inward and minimized its priority of incorporating black workers within its ranks. Two effects stand out. First, the incipient civil rights impulse rarely tackled the economic conundrums of southern black society directly, focusing instead mainly on civic and political, rather than economic, inclusion. Second, the unions' potential to alter the status of the majority of black working people profoundly failed to take hold.

(p. 101):

The 1940 Census had revealed that some 10 million Americans had not been schooled past the fourth grade, and that one in eight could not read or write. This, primarily, was a southern problem. A higher proportion of blacks living in the North had completed grade school than whites in the South.

(pp. 101-102):

Thus, in the midst of a war defined in large measure as an epochal battle between liberal democracy and Nazi and Fascist totalitarianism, one that distinguished between people on the basis of blood and race, the U.S. military not only engaged in sorting Americans by race but in policing the boundary separating white from black. Because the draft selected individuals to fill quotas to meet the test of a racially proportionate military and because they were assigned to units based on a simple dual racial system,the notion of selective service extended to the assignment of definitive racial tags. The Selective Service system soon found this often was not a simple task. The issue of classification proved particularly vexing in Puerto Rico, where the population was so various racially and where the island's National Guard units had been integrated. Even here, registrants were sorted by race and the National Guard was divided into two sections. The large number of mixed race individuals in the border states, the Creole population of Louisiana, and American Indians offered other challenges, as did ambiguous individual cases almost everywhere. Embarrassingly, the Selective Service fell on blood percentages, using racial guidelines not unlike the country's European enemy, Nazi Germany. Ordinarily, the rule it used was "that 25 percent Negro blood made a person a Negro." Nonetheless, Hershey made clear that it would be unwise for the local board to disrupt "the mode of life which has become so well established" when a draftee in question had been passing as white. After August 1944, the system was sufficiently overwhelmed that he took the decision, at first resisted by Secretary Stimson, to accept the classification an individual claimed for himself when a dispute over racial assignment came to pass.

(pp. 102-103):

For Jews, in particular, the Second World War produced a shift in standing that was quite radical. On its eve, "Jews were not so confident of their prospects in America." During the period of economic hardship, resurgent anti-Semitism, and grim news from Palestine and above all from the heartland of Europe in the 1930s, American Jews faced quotas on admission to leading universities, markedly to professional schools, and a more widespread restrictive system of anti-Semitic practices that impelled the creation of parallel networks of hotels, country clubs, and other social institutions. Before the First World War, most Jews had not sought to enter crowded labor markets outside their areas of economic specialization, notably in the garment trades. But in the interwar period, as the children of immigrants sought to move beyond these niches, they discovered high walls barring many types of employment, in particular in banking, insurance, and engineering. Public opinion polls revealed a great deal of skepticism and many popular myths about Jews. Anti-Jewish expression often was unguarded and unashamed. Enhanced Jewish visibility in economic and civic life often went hand in hand with heightened apprehension and nervous efforts to limits Jewish prominence, as in the case of the unsuccessful effort in 1938 by the Jewish secretary of the treasury and the Jewish publisher of the New York Times to persuade President Roosevelt not to appoint a second Jew to the Supreme Court.

In contrast, by the 1950s, Jewish Americans had achieved remarkable social mobility, high measures of participation in American life, and impressive political incorporation. Anti-Semitism had become unfashionable, at least its open expression. University barriers to entry became more permeable. Mobility from one generation to the next accelerated as access to formerly closed occupations quickened. Housing choices multiplied. Jews entered mass culture on vastly more favorable terms. The war, in short, proved a great engine of group integration and incorporation. Under arms, American Jews became citizens in a full sense at just the moment that Jews virtually everywhere in Europe were being extruded from citizenship. Jews served as officers in the U.S. military as well as enlisted men in higher proportions than their share of the population. After the First World War, they often were classified with blacks as a racial minority. By the 1940s, they were linked with predominantly Catholic groups to compose the category of white ethnics -- a grouping that signified the extension of American pluralism and tolerance.

(pp. 108-109):

The decision to take and educate these individuals with marginal education was the result primarily of immense pressures from the field for more soldiers, but it also had another source. Across the South, white leaders, including some of its most vociferous racists like Mississippi's Senator Bilbo, were insisting that black men be removed from communities from which so many white men were absent but white women were still present. "In my state," he told a Senate committee in the fall 1942, "with a population one-half Negro and one half white . . . the system that you are using has resulted in taking all the whites to meet the quota and leaving the great majority of Negroes at home." In these circumstances, he advised the Department of War: "I [am] anxious that you develop the reservoir of the illiterate class . . . so that there would be an equal distribution." Leading civil rights advocates promoted this view because they were keen to reverse the policy that had kept so many blacks who wished to serve out of the military.

The Army's response was to create a massive crash schooling program of Special Training Units. At the military reception centers, organized into segregated classrooms, two out of every three of their students were black. Once in place starting in June 1943, more than 300,000 inductees passed through this program. Half came from the Fourth Service Command that recruited in the deep South. A high proportion, 11 percent, of the new white recruits were classified as illiterate, but fully 45 percent of the black newcomers lacked basic reading skills. Schooling lasted twelve weeks. "Specially prepared textbooks, such as The Army Reader, describing in simple words a day with Private Pete, were used. Bootie Mack, a sailor, enlivened the pages of The Navy Reader" The level of training was modest (the ability tow rite letters, read signs, use a clock, deploy basic arithmetic), but remarkably the great majority, some 250,000, were lifted out of illiteracy in this brief period. Of the black members of these Special Training Units in the first six months of operation, fully 90 percent were assigned to regular units at the conclusion of their schooling, a higher proportion than the 85 percent of whites.

(p. 134):

The gap in educational attainment between blacks and whites widened rather than closed. Of veterans born between 1923 and 1928, 28 per cent of whites but only 12 percent of blacks enrolled in college-level programs. Furthermore, blacks spent fewer months than whites in GI Bill schooling. The most careful and sophisticated recent study of the impact of the bill's educational provisions demonstrated no difference in attendance or attainment that set apart southern from non-southern whites. All on average gained quite a lot. But for blacks, the analysis revealed a marked difference between the small minority in northern colleges and those students who attended educational institutions in the South. For the latter group, GI Bill higher education had little effect on their educational attainment or their life prospects. White incomes tended to increase quite a bit more than black earnings as a result of gaining an advanced education. As a result, the authors concluded, at the collegiate level, "the G.I. Bill exacerbated rather than narrowed the economic and educational differences between blacks and whites."

(pp. 142-143):

But most blacks were left out. The damage to racial equity caused by each program was immense. Taken together, the effects of these public laws were devastating. Social Security, from which the majority of blacks were excluded until well into the 1950s, quickly became the country's most important social legislation. The labor laws of the New Deal and Fair Deal created a framework of protection for tens of millions of workers who secured minimum wages, maximum hours, and the right to join industrial as well as craft unions. African Americans who worked on the land or as domestics, the great majority, lacked these protections. When unions made inroads in the South, where most blacks lived, moreover, Congress changed the rules of the game to make organizing much more difficult. Perhaps most surprising and most important, the treatment of veterans after the war, despite the universal eligibility for the benefits offered by the GI Bill, perpetuated the blatant racism that had marked military affairs during the war itself. At no other time in American history have so much money and so many resources been put at the service of the generation completing education, entering the workforce, and forming families. Yet comparatively little of this largesse was available to black veterans. With these policies, the Gordian knot binding race to class tightened.

(p. 145):

As part of the quest for civil rights in the Kennedy years, affirmative action did not yet connote compensatory treatment or special preferences. Rather, it simply implied positive deeds to combat racial discrimination. Yet even int he early 1960s the idiom of affirmation suggested more far-reaching possibilities. From the start of the decade, Johnson seemed to understand what he would later say aloud at Howard. Civil rights alone would not be sufficient. The growing gap between white and black Americans demanded more. When Johnson was designated in early 1961 to chair the Committee on Equal Employment Opportunity, he privately advised the president that the Eisenhower administration's non-discrimination clause for governmental contracts should "be revised to impose not merely the negative obligation of avoiding discrimination but the affirmative duty to employ applicants.

(p. 147):

The Nixon administration, far from opposing these new measures, expanded the policy by further applying the doctrine of "disparate impact" (rather than "disparate treatment"). Seeking to embarrass organized labor, and enlarge a growing schism between the civil rights movement and white members of unions who might be persuaded to shift their votes to the Republican Party, Nixon enforced the Philadelphia Plan first drafted by Johnson's Department of Labor in 1967, which required that minority workers in the notoriously discriminatory construction trades be hired in rough proportion to their per centage in the local labor force. Soon, one or another form of the Philadelphia Plan -- a plan Nixon called "that little extra start" -- was adopted in fifty-five cities. When the U.S. Comptroller General argued that this program violated Title VII of the Civil Rights Act, Attorney General John Mitchell rejoined that the "obligation of nondiscrimination" entails taking into account the racial implications of "outwardly neutral criteria" that might, nonetheless, produce deeply unequal outcomes by race.

(p. 164):

The consequences proved profound. By 1984, when GI Bill mortgages had mainly matured, the median white household had a net worth of $39,135; the comparable figure for black households was only $3,397, or just 9 percent of the white holdings. Most of this difference was accounted for by the absence of homeownership. Nearly seven in ten whites owned homes worth an average of $52,000. By comparison, only four in ten blacks were homeowners, and their houses had an average value of less than $30,000. African Americans who were not homeowners possessed virtually no wealth at all.

(pp. 168-169):

Curiously, a series of forgotten early experiments in affirmative action by the military just after the Second World War can help point the way. Affirmative action for blacks began well before the term existed. With millions of soldiers coming home but security needs still pressing, the Department of War conducted a sober assessment of the campaigns in Europe, North Africa, and Asia. The way race had been handled, it concluded, had diminished the fighting capability of the armed forces. Responding to the study, the military decided to raise the educational level of black troops to improve their readiness and create a deeper pool from which to recruit black officers. The Far East Command established such a program, aimed principally at blacks, to bring every soldier to a fifth-grade standard. Elsewhere, race was used more explicitly to define eligibility. At Georgia's Fort Benning, the Army initiated an educational program for members of the all-black 25th Combat Regiment who had secured less than an eighth-grade education. But the most far-reaching program took place in occupied Germany. Starting in 1947, thousands of black soldiers undergoing basic military training at the Grafenwohr Training Center received daily instruction for three months in academic subjects up to the level of the twelfth grade.

Soon, the training center moved to larger quarters at Mannheim Koafestal. By the close of the year, the results had been so positive that a larger, remarkably comprehensive program exclusively for black soldiers was launched at Germany's Kitzingen Air Base. All African American troops arriving from the United States passed through the program. Black units stationed in Europe were required to rotate through Kitzingen for refresher courses. Once this on-site instruction was completed, Army instructors traveled with the soldiers to continue their schooling in the field. The participants were required to stick with the course until they reached a high school equivalency level or demonstrated they could make no further gains. By 1950, two thirds of the 2,900 black soldiers in Europe were enrolled.

Military affirmative action worked. These men made striking advances in Army classification tests. That year, the European Command estimated that the program "was producing some of the finest trained black troops in the Army." Soon, the number of qualified black officers increased considerably. Breaking with the masked white affirmative action of the 1930s and 1940s, race counted positively and explicitly to improve the circumstances of African Americans.

(p. 170):

Beneficiaries must be targeted with clarity and care. The colorblind critique argues that race, as a group category, is morally unacceptable even when it is used to counter discrimination. But this view misses an important distinction. African American individuals have been discriminated against because they were black, and for no other reason. Obviously, this violates basic norms of fairness. Under affirmative action, they are compensated not for being black but only because they were subject to unfair treatment at an earlier moment because they were black. If, for others, the policies also were unjust, they, too, must be included in the remedies. When national policy kept out farmworkers and maids, the injury was not limited to African Americans. Nor should the remedy be.