The Age of Entitlement: America Since the Sixties

by Christopher Caldwell

Civil rights never became self-regenerating as the Americans of 1964 had hoped it would. The legitimacy of civil rights legislation rested on the belief that it would be a transitional measure, leading to a stable, racially mixed society. Professing to oppose racial distinctions in the South, while introducing them on a nationwide basis via affirmative action and other programs, would have been illogical, hypocritical, and unjust if done on a permanent basis. The extra rights of protection and redress that minorities enjoyed were admissible as stopgaps—not as permanent parts of the Constitution. Permanent, though, is what they became. In a world in which no one was able to say what he really thought, American politics turned into a bizarre tacit bargain, like an embarrassing family secret kept among 300 million people. White people were supposed to console themselves that their superior economic standing somehow “compensated” them for their inferior status as citizens. As their economic standing eroded, though, the consolation rang hollow and the compromise grew unstable. The Civil Rights Act of 1964 was, as we have noted, a legislative repeal of the First Amendment’s implied right to freedom of association. Over decades it polarized the political parties and turned them into something like secret societies, each of them loyal to a different constitutional understanding. Democrats, loyal to the post-1964 constitution, could not acknowledge (or even see) that they owed thei...