The 1964 Civil Rights Act confirmed the central role of the
Department of Justice in the national battle against racial
discrimination. Congress had established the department's Civil
Rights Division in 1957 with a staff of a dozen to combat racial
discrimination in voting; its current staff of 500 now prosecutes
many forms of discrimination in employment, housing, education, and
other areas.
"In Enforcing Civil Rights," a former member of the CRD focuses
on the role of that agency in combating the racial caste system in
America. Brian Landsberg's overview of civil rights enforcement
reveals the political realities and national priorities that shaped
it; the moral, practical, and political forces that have influenced
it; and the roles of the federal government, executive branch, and
Attorney General in implementing it.
Drawing on case law, legislative histories, Justice Department
archives, and his own years of service, Landsberg provides a
reflective insider's view of how the CRD has enforced civil rights.
He tells how Congress broadened its mandate-from authority to sue
state and local governments to jurisdiction over individuals and
companies-and how the CRD weathered Washington's shifting political
winds. He also conveys the challenges that came with the
responsibility of enforcing legislation for an entire nation and
describes the roles of law, politics, and historical forces in the
CRD's setting of priorities and litigation policy.
In addition, Landsberg addresses conflicts between career civil
servants and political appointees, studies the consequences of its
litigation positions, and considers whether the structure of
enforcement should be changed. He offers some sensible
recommendations for rationalizing and strengthening the federal
civil rights enforcement structure.
The CRD has done much to eliminate America's racial caste
system, but Landsberg cautions that we must take care to ensure
that it does not become a tool of narrow interests. His book
provides the understanding we need to safeguard against that risk,
while offering a new perspective on the civil rights movement in
America.
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