LAW 532-001 – Constitutional Law II
The U.S. Constitution does not prevent private racial discrimination, so neither state nor the federal governments have a duty to outlaw it.
States can enforce private racially restrictive covenants of the sale of property, but they do not have to.
- (Actually, they cannot enforce such things because of the state action doctrine.)
States can generally repeal anti-discrimination laws, but they may not be able to if it is seen as intending to authorize racial discrimination.