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Buchanan v. Warley (1917)

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Published online by Cambridge University Press:  05 March 2016

Raymond Gavins
Affiliation:
Duke University, North Carolina
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Summary

Louisville, Kentucky's 1914 ordinance required “the use of separate blocks, for residence ... by white people and colored people, respectively.” The Louisville and national NAACP, contesting “the racial zoning movement” (Silver, 1997, p. 25), counseled William Warley, a black postal worker who contracted to buy property in a white area from realtor Charles Buchanan. The state Court of Appeals ruled against Warley.

But the US Supreme Court unanimously rejected that ruling. It judged the ordinance unconstitutional as it “destroyed the right of the individual to acquire, enjoy, and dispose of his property” and avoided the “due process” clause of the Fourteenth Amendment. Reviewing “separate but equal,” it concluded that racially segregated residential zones “exceeded the limitations imposed by the Amendment” (Buchanan v. Warley, 1917). Residential ordinances segregating blacks, therefore, were not valid. This gave the NAACP a major victory, although restrictive covenants in deeds to segregate housing would follow.

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Publisher: Cambridge University Press
Print publication year: 2016

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References

Buchanan v. Warley, 245 US 60 (1917).
Silver, Christopher. “The Racial Origins of Zoning in American Cities.” In June Manning Thomas and Marsha Ritzdorf, eds. Urban Planning and the African American Community: In the Shadows. Thousand Oaks, CA: SAGE Publications, 1997. p. 25.
Bernstein, David E.Philip Sober Controlling Philip Drunk: Buchanan v. Warley in Historical Perspective.Vanderbilt Law Review, 51 (May 1998): 797–879.Google Scholar
Hadden, Sally E., and Minter, Patricia Hagler, eds. Signposts: New Directions in Southern Legal History. Athens: University of Georgia Press, 2013.Google Scholar

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  • Buchanan v. Warley (1917)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.053
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  • Buchanan v. Warley (1917)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.053
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Buchanan v. Warley (1917)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.053
Available formats
×