A grassroots history of colorblind conservative constitutionalism

Abstract

In this article, I argue that colorblind conservative constitutionalism has its roots not only in Supreme Court jurisprudence and the machinations of national political actors, but also in the deliberate campaigns of opponents of integration at the grassroots. On the local level, resistance to integration was not confined to the South. I offer a case study of grassroots activism in Los Angeles, where white citizens opposed black efforts to integrate schools and housing using the language of freedom of association and freedom of choice. Although this language originated in race-conscious political action, it became the basis for race-neutral opposition to big government and taxes, and support for “school choice.” Formal colorblind conservatism in the courts did not legally ratify changes that happened naturally, socially, through individual actions; on the contrary, grassroots conservatives consciously pursued legal strategies to fight integration from the ground up as well as from the top down.