Abstract

This paper emplaces arguments about affirmative action today inside a history of racial harms inflicted by public policy during the last heyday of southern power in Congress in the 1930s and 1940s. Showing how social programs utilized occupational exclusions and administrative decentralization to protect the Jim Crow racial order, it argues that assertive remedies can be found that connect the ambitions for affirmative action announced by President Lyndon Johnson at Howard University in 1965 with the principles enunciated by Justice Lewis Powell in the Baake case in 1978