Today -100: May 25, 1926: We might as well divide the State into Federal precincts at once

The Supreme Court rules unanimously in the case Corrigan v Buckley, permitting permit racial covenants in D.C. real estate deeds banning the future sale of properties to black people, keeping neighborhoods all-white and making such covenants legally enforceable. In this case, the agreement was made in 1921 among 30 families on a block of S Street NW, but the owners of number 1727 sold their house 

to a black family in 1922, pissing off the neighbors. The Court says private covenants are not prohibited by the 5th, 13th or 14th Amendments and, since they are private, the Court has no jurisdiction. In 1948 Corrigan will be reversed in  Shelley v. Kraemer, which determined (also unanimously) that racially restrictive covenants are prohibited under the 14th Amendment and not enforceable, indeed that enforcement by the state would negate the pretense that racial covenants are purely private.

Governors reply to a NYT question about Coolidge’s executive order allowing the federal government to offer state & local cops dual employment as Prohibition agents. 5 oppose it outright, 4 support it, 7 say there are legal/constitutional issues with their state cooperating, 15 say they’re still thinkin’ about it. Gov. Harry Moore of NJ (D) says “We might as well divide the State into Federal precincts at once”.

Attorney General John Sargent says that the exec. order doesn’t violate the Constitution, federal laws, or state laws. Evidently Coolidge asked for Sargent’s opinion on the legality of the E.O. only after issuing it.

Don't see comments? Click on the post title to view or post comments.