Citizenship and immigration The
Naturalization Act of 1790 set the first uniform rules for the granting of
United States citizenship by
naturalization, which limited naturalization to "free white person[s]," thus, excluding
Native Americans,
indentured servants,
slaves,
free Blacks and later,
Asians from citizenship. Citizenship status determined one's eligibility for many legal and political rights, including
suffrage rights at both the federal and state level, the right to hold certain government offices, the right to serve
jury duty, and the right to serve in the
United States Armed Forces. The second
Militia Act of 1792 also provided for the
conscription of every "free able-bodied white male citizen". Tennessee's 1834 Constitution included a provision: "the free white men of this State have a right to Keep and bear arms for their common defense." The
Treaty of Dancing Rabbit Creek, made under the
Indian Removal Act of 1830, allowed
Choctaw Indians who chose to remain in
Mississippi to gain recognition as U.S. citizens. They were the first non-European ethnic group to become entitled to U.S. citizenship. The
Naturalization Act of 1870 extended naturalization to Black persons, but not to other non-white persons. The law relied on coded language to exclude "aliens ineligible for citizenship," which primarily applied to immigrants of Asian descent. Native Americans were granted citizenship in a piecemeal manner until the
Indian Citizenship Act of 1924, which unilaterally bestowed blanket citizenship status on them, whether they belonged to a
federally recognized Tribe or not. However, by that date, two-thirds of Native Americans had already become U.S. citizens through various means. The Act was not retroactive, so, citizenship was not extended to Native Americans who were born before the effective date of the 1924 Act, nor was it extended to Indigenous persons who were born outside the United States. Further changes to racial eligibility for citizenship by naturalization were made after 1940, when eligibility was extended to "descendants of races indigenous to the
Western Hemisphere," "Filipino persons or persons of Filipino descent," "Chinese persons or persons of Chinese descent," and "persons of races indigenous to India." The
Immigration and Nationality Act of 1952 now prohibits racial and gender discrimination in naturalization. During the period when only "white" people could be naturalized, many court decisions were required to define which ethnic groups were included in this term. These are known as the "
racial prerequisite cases," and they also informed subsequent legislation.
Voting The
Fifteenth Amendment to the United States Constitution (ratified in 1870) explicitly prohibited denying the right to vote based on race, but delegated to Congress the responsibility for enforcement. During the
Reconstruction era, African Americans began to run for office and vote, but the
Compromise of 1877 ended the era of strong federal enforcement of equal rights in the Southern states. White Southerners were prevented, by the Fifteenth Amendment, from explicitly denying the vote to Blacks by law, but they found other ways to
disenfranchise.
Jim Crow laws that targeted African Americans, without mentioning race, included
poll taxes,
literacy and comprehension tests for voters, residency and record-keeping requirements, and
grandfather clauses allowing White people to vote.
Black Codes criminalized minor offenses like unemployment (styled "vagrancy"), providing a pretext to deny voting rights. Extralegal violence was also used to terrorize and sometimes kill African Americans who attempted to register or to vote, often in the form of
lynching and
cross burning. These efforts to enforce white supremacy were very successful. For example, after 1890, less than 9,000 of Mississippi's 147,000 eligible African American voters were registered to vote, or about 6%. Louisiana went from 130,000 registered African American voters in 1896 to 1,342 in 1904 (about a 99% decrease). Even Native Americans who gained citizenship under the 1924 Act were not guaranteed
voting rights until 1948. According to a survey by the
Department of Interior, seven states still refused to grant Indians voting rights in 1938. Discrepancies between federal and state control provided loopholes in the Act's enforcement. States justified discrimination based on state statutes and constitutions. Three main arguments for Indian voting exclusion were Indian exemption from real estate taxes, maintenance of tribal affiliation and the notion that Indians were under guardianship, or lived on lands controlled by federal trusteeship. By 1947, all states with large Indian populations, except
Arizona and
New Mexico, had extended voting rights to Native Americans who qualified under the 1924 Act. Finally, in 1948, a judicial decision forced the remaining states to withdraw their prohibition on Indian voting. The
civil rights movement resulted in strong Congressional enforcement of the right to vote regardless of race, starting with the
Voting Rights Act of 1965. Though this greatly enhanced the ability of racial minorities to vote and run for office in all areas of the country, concerns over racially discriminatory voting laws and administration persist.
Gerrymandering and
voter suppression efforts around the country, though mainly motivated by political considerations, often effectively disproportionately affect African Americans and other minorities. These include targeted
voter ID requirements, registration hurdles, restricting vote-by-mail, and making voting facilities physically inconvenient to access due to long distances, long lines, or short hours. The 2013 U.S. Supreme court decision
Shelby County v. Holder struck down the pre-clearance provisions of the 1965 Act, making anti-discrimination enforcement more difficult. In 2016, one in 13 African Americans of voting age were disenfranchised, which was more than four times greater than that of non-African Americans. Over 7.4% of adult African Americans were disenfranchised compared to 1.8% of non-African Americans.
Felony disenfranchisement in Florida disqualifies over 10% of its citizens for life and over 23% of its African American citizens.
Criminal justice system There are unique experiences and disparities in the United States, in regard to the policing and prosecuting of various races and ethnicities. There have been different outcomes for different racial groups in convicting and sentencing felons in the
United States criminal justice system. Experts and analysts have debated the relative importance of different factors that have led to these disparities. Academic research indicates that the over-representation of some racial minorities in the criminal justice system can, in part, be explained by socioeconomic factors, such as poverty, exposure to poor neighborhoods, poor access to public education, poor access to early childhood education, and exposure to harmful chemicals (such as
lead) and pollution. Racial
housing segregation has also been linked to racial disparities in crime rates, as Blacks have, historically, and to the present, been prevented from moving into prosperous low-crime areas, through actions of the government (such as
redlining) and private actors. Various explanations, within
criminology, have been proposed for racial disparities in crime rates, including
conflict theory,
strain theory,
general strain theory, social disorganization theory, macrostructural opportunity theory,
social control theory, and
subcultural theory. Research also indicates that there is extensive racial and ethnic discrimination by police and the judicial system. A substantial academic literature has compared police searches (showing that contraband is found, at higher rates, in whites who are stopped), bail decisions (showing that whites with the same bail decision as Blacks commit more pre-trial violations), and sentencing (showing that Blacks are more harshly sentenced by juries and judges than whites, when the underlying facts and circumstances of the cases are similar), providing valid causal inferences of racial discrimination. Studies have documented patterns of racial discrimination, as well as patterns of police brutality and disregard for the constitutional rights of African-Americans, by police departments in various American cities, including
Los Angeles,
New York,
Chicago and
Philadelphia. A report by the
National Registry of Exonerations found that, as of August 2022,
African Americans make up 13.6% of the U.S. population but 53% of exonerations, and that they were seven times more likely to be falsely convicted, compared to White Americans.
Education In 1954,
Brown vs. the Board of Education ruled that
integrated, equal schools be accessible to all children, unbiased to skin color. Currently, in the United States, not all state funded schools are equally funded. Schools are funded by the "federal, state, and local governments," while "states play a large and increasing role in education funding." "
Property taxes support most of the funding that local government provides for education." The U.S. Department of Education also reports this fact affects "more than 40% of low-income schools."
Spike Lee's film,
School Daze, satirized this practice at historically Black colleges and universities. Along with the "paper bag test," guidelines for acceptance among the lighter ranks included the "comb test" and "pencil test," which tested the coarseness of one's hair, and the "flashlight test," which tested a person's profile to make sure their features measured up or were close enough to those of the Caucasian race.
Curriculum The curriculum in U.S. schools has also contained racism against non-white Americans, including Native Americans,
Black Americans,
Mexican Americans, and Asian Americans. Black Americans were also depicted as expendable and their suffering as commonplace, as evidenced by a poem about "Ten Little Nigger Boys" dying off, one-by-one, that was circulated as a children's counting exercise from 1875 to the mid-1900s. School curriculum, often, implicitly and explicitly upheld white people as the superior race and marginalized the contributions and perspectives of non-white peoples, as if they were (or are) not as important. In the 19th century, a significant number of students were taught that
Adam and Eve were white, and the other races evolved from their various descendants, growing further and further away from the original white standard. Studies have argued that there are racial disparities in how the media and politicians act, when they are faced with cases of drug addiction in which the victims are primarily Black, rather than white, citing the examples of how society responded differently to the
crack epidemic than the
opioid epidemic. There are major
racial differences in access to health care as well as major racial differences in the quality of the health care, which is provided to people. A study published in the
American Journal of Public Health estimated that: "over 886,000 deaths could have been prevented, from 1991 to 2000, if African Americans had received the same quality of care as whites." The key differences that they cited were lack of insurance, inadequate
insurance, poor service, and reluctance to seek care. A history of government-sponsored experimentation, such as the notorious
Tuskegee Syphilis Study, has left a legacy of African American distrust of the medical system. Inequalities in health care may also reflect a
systemic bias in the way in which medical procedures and treatments are prescribed to members of different ethnic groups. A
University of Edinburgh Professor of Public Health, Raj Bhopal, writes that the history of
racism in science and medicine shows that people and institutions behave according to the ethos of their times, and he also warns of dangers that need to be avoided in the future. Nancy Krieger, a
Harvard Professor of Social Epidemiology, contended that much modern research supported the assumptions which were needed to justify racism. She wrote that racism underlies unexplained inequities in health care, including treatments for
heart disease,
renal failure,
bladder cancer, and
pneumonia. Bhopal writes that these inequalities have been documented in various studies, and there are consistent findings that Black Americans receive less health care than white Americans—particularly where this involves expensive new technology. The University of Michigan Health study found, in 2010, that black patients in pain clinics received 50% of the amount of drugs that other patients who were white received. Black pain in medicine links to the racial disparities between pain management and racial bias on behalf of the health professional. In 2011, Vermont organizers took a proactive stand against racism in their communities to defeat the biopolitical struggles faced on a daily basis. The first and only universal health care law was passed in the state. Two local governments in the US have issued declarations, stating that racism constitutes a
public health emergency: the
Milwaukee County, Wisconsin executive in May 2019, and the
Cleveland City Council, in June 2020.
Housing and land A 2014 meta-analysis found extensive evidence of racial discrimination in the American housing market. Historically, there was extensive and long-lasting racial discrimination against African Americans in the housing and mortgage markets in the United States, as well as discrimination against Black farmers whose numbers massively declined in post-WWII America due to anti-Black local and federal policies. According to a 2019 analysis by University of Pittsburgh economists, Blacks faced a two-fold penalty due to the racially segregated housing market: rental prices increased in blocks when they underwent racial transition whereas home values declined in neighborhoods that Blacks moved into. A 2017 paper by Troesken and Walsh found that pre-20th century cities "created and sustained residential segregation through private norms and vigilante activity." However, "when these private arrangements began to break down during the early 1900s" whites started "lobbying municipal governments for segregation ordinances." As a result, cities passed ordinances which "prohibited members of the majority racial group on a given city block from selling or renting property to members of another racial group" between 1909 and 1917. A 2017 study by Federal Reserve Bank of Chicago economists found that the practice of
redlining—the practice whereby banks discriminated against the inhabitants of certain neighborhoods—had a persistent adverse impact on the neighborhoods, with redlining affecting homeownership rates, home values and credit scores in 2010. Since many African Americans could not access conventional home loans, they had to turn to predatory lenders (who charged high interest rates).
Labor market Several meta-analyses find extensive evidence of ethnic and racial discrimination in hiring in the American labor market. A 2017 meta-analysis found "no change in the levels of discrimination against African Americans since 1989, although we do find some indication of declining discrimination against Latinos." A 2016 meta-analysis of 738 correspondence tests – tests where identical CVs for stereotypically Black and white names were sent to employers – in 43 separate studies conducted in OECD countries between 1990 and 2015 finds that there is extensive racial discrimination in hiring decisions in Europe and North America. A study which examined the job applications of actual people who were provided with identical résumés and similar interview training showed that African-American applicants with no criminal record were offered jobs at a rate as low as white applicants who had criminal records. A 2018 National Bureau of Economic Research paper found evidence of racial bias in how CVs were evaluated. A 2020 study revealed that discrimination not only exists against minorities in callback rates in audit studies, it also increases in severity after the callbacks in terms of job offers. Research suggests that light-skinned African American women have higher salaries and greater job satisfaction than dark-skinned women. Being "too black" has recently been acknowledged by the U.S. Federal courts in an employment discrimination case under Title VII of the
Civil Rights Act of 1964. In
Etienne v. Spanish Lake Truck & Casino Plaza, LLC the
United States Court of Appeals for the Fifth Circuit, determined that an employee who was told on several occasions that her manager thought she was "too black" to do various tasks, found that the issue of the employee's skin color, rather than race, itself, played a key role in an employer's decision to keep the employee from advancing. A 2018 study uncovered evidence which suggests that immigrants with darker skin colors are discriminated against.
Media A 2017 report by Travis L. Dixon, professor at the University of Illinois at Urbana-Champaign, found that major media outlets tended to portray Black families as dysfunctional and dependent, while portraying white families as stable. These portrayals included suggestions that poverty and welfare are primarily Black issues. According to Dixon, this can reduce public support for social safety programs and lead to stricter welfare requirements. African Americans who possess a lighter skin complexion and "European features," such as lighter eyes, and smaller noses and lips have more opportunities in the media industry. For example, film producers hire lighter-skinned African Americans more often, television producers choose lighter-skinned cast members, and magazine editors choose African American models that resemble European features. A content analysis conducted by Scott and Neptune (1997) shows that less than one percent of advertisements in major magazines featured African American models. When African Americans did appear in advertisements, they were mainly portrayed as athletes, entertainers, or unskilled laborers. In addition, seventy percent of the advertisements that feature animal print included African American women. Animal print reinforces the stereotypes that African Americans are animalistic in nature, sexually active, less educated, have lower income, and extremely concerned with personal appearances. Concerning African American males in the media, darker-skinned men are more likely to be portrayed as violent or more threatening, influencing the public perception of African American men. Since dark-skinned males are more likely to be linked to crime and misconduct, many people develop preconceived notions about the characteristics of Black men. During and after slavery, minstrel shows were a very popular form of theater that involved white and Black people in
Blackface, portraying Black people while doing demeaning things. The actors painted their faces with Black paint and overlined their lips with bright red lipstick, to exaggerate and make fun of Black people. When minstrel shows died out and television became popular, Black actors were rarely hired, and when they were, they had very specific roles. These roles included being servants, slaves, idiots, and criminals.
Politics Politically, the "
winner-takes-all" structure of the
electoral college benefits white representation. This has been described as structural bias and often leads voters of color to feel
politically alienated and therefore, not to vote. The lack of representation in Congress has also led to lower voter turnout.
Voter ID laws have brought on accusations of racial discrimination. In a 2014 review by the
Government Accountability Office of the academic literature, three studies out of five found that voter ID laws reduced minority turnout, whereas two studies found no significant impact. Studies have also analyzed racial differences in ID requests rates. A 2012 study in the city of Boston found that Black and Hispanic voters were more likely to be asked for ID, during the 2008 election. According to exit polls, 23% of whites, 33% of Blacks, and 38% of Hispanics were asked for ID, though this effect is partially attributed to Black and Hispanics preferring non-peak voting hours, when election officials inspected a greater portion of IDs. Precinct differences also confound the data as Black and Hispanic voters tended to vote at Black and Hispanic-majority precincts. A 2015 study found that turnout, among Blacks in Georgia, was generally higher, since the state began enforcing its strict voter ID law. A 2016 study by
University of California, San Diego researchers found that voter ID laws "have a differentially negative impact on the turnout of Hispanics, Blacks, and mixed-race Americans in primaries and general elections." Research by University of Oxford economist Evan Soltas and Stanford political scientist David Broockman suggests that voters act upon racially discriminatory tastes. A 2018 study in
Public Opinion Quarterly found that whites, in particular those who had racial resentment, largely attributed Obama's success among African-Americans to his race and not his characteristics as a candidate and the political preferences of African-Americans. A 2018 study in the journal
American Politics Research found that white voters tended to misperceive political candidates from racial minorities as being more ideologically extreme than objective indicators would suggest; this adversely affected the electoral chances for those candidates. A 2018 study in the
Journal of Politics found that "when a white candidate makes vague statements, many [nonblack] voters project their own policy positions onto the candidate, increasing support for the candidate. But they are less likely to extend black candidates the same courtesy... In fact, black male candidates who make ambiguous statements are actually punished for doing so by racially prejudiced voters." It is argued that the racial coding of concepts, like crime and welfare, has been used to strategically influence public political views. Racial coding is implicit; it incorporates racially primed language or imagery to allude to racial attitudes and thinking. For example, in the context of domestic policy, it is argued that
Ronald Reagan implied that linkages existed between concepts like "special interests" and "
big government" and ill-perceived minority groups in the 1980s, using the conditioned negativity which existed toward the minority groups to discredit certain policies and programs during campaigns. In a study which analyzes how political ads prime attitudes, Valentino compares the voting responses of participants after they are exposed to the narration of a George W. Bush advertisement which is paired with three different types of visuals which contain different embedded racial cues to create three conditions: neutral, race comparison, and undeserving Blacks. For example, as the narrator states "Democrats want to spend your tax dollars on wasteful government programs," the video shows an image of a Black woman and her child in an office setting. Valentino found that the undeserving Blacks condition produced the largest primed effect in racialized policies, like opposition to
affirmative action and welfare spending.
Ian Haney López, Professor of Law at the
University of California, Berkeley, refers to the phenomenon of racial coding as
dog-whistle politics, which, he argues, has pushed middle class white Americans to vote against their economic self-interest to punish "undeserving minorities" which, they believe, are receiving too much public assistance at their expense. According to López, conservative middle-class whites, convinced that minorities are the enemy by powerful economic interests, supported politicians who promised to curb illegal immigration and crack down on crime, but inadvertently they also voted for policies that favor the extremely rich, such as slashing taxes for top income brackets, giving corporations more regulatory control over industry and financial markets,
busting unions, cutting pensions for future public employees, reducing funding for public schools, and retrenching the social welfare state. He argues that these same voters cannot link rising inequality which has impacted their lives to the policy agendas which they support, which resulted in a massive transfer of wealth to the top 1% of the population since the 1980s. A book released by the former attorney of
Donald Trump,
Michael Cohen, in September 2020,
Disloyal: A Memoir described Trump as routinely referring to Black leaders of foreign nations with racial insults and that he was consumed with hatred for
Barack Obama. Cohen, in the book, explained that "as a rule, Trump expressed low opinions of all Black folks, from music to culture and politics".
Religion White
Christians are consistently more likely than whites who are
religiously unaffiliated to deny the existence of
structural racism.
Wealth Large racial differentials in wealth remain in the United States: between whites and African Americans, the gap is a factor of twenty. An analyst of the phenomenon, Thomas Shapiro, professor of law and social policy at
Brandeis University argues, "The
wealth gap is not just a story of merit and achievement, it's also a story of the historical legacy of race in the United States." Differentials applied to the
Social Security Act (which excluded agricultural workers, a sector which then included most black workers), rewards to military officers, and the educational benefits offered returning soldiers after
World War II. Pre-existing disparities in wealth are exacerbated by tax policies that reward investment over waged income, subsidize mortgages, and subsidize private sector developers. Redlining intentionally excluded black Americans from accumulating intergenerational wealth. The effects of this exclusion on black Americans' health continue to play out daily, generations later, in the same communities. This is evident currently in the disproportionate effects that
COVID-19 has had on the same communities which the
HOLC (Home Owners' Loan Corporation) redlined in the 1930s. Research published in September 2020 overlaid maps of the highly affected COVID-19 areas with the HOLC maps, showing that those areas marked "risky" to lenders because they contained minority residents were the same neighborhoods most affected by COVID-19. The CDC points to discrimination within health care, education, criminal justice, housing, and finance, direct results of systematically subversive tactics like redlining which led to chronic and toxic stress that shaped social and economic factors for minority groups, increasing their risk for COVID-19. Healthcare access is similarly limited by factors like a lack of public transportation, child care, and communication and language barriers which result from the spatial and economic isolation of minority communities from redlining. A 2014 meta-analysis of racial discrimination in product markets found extensive evidence of minority applicants being quoted higher prices for products. Historically, African-Americans have faced discrimination in terms of getting access to credit. == African Americans ==