David A. Nichols
From 1783 to 1830, American Indian policy reflected the new American nation-state’s desire to establish its own legitimacy and authority, by controlling Native American peoples and establishing orderly and prosperous white settlements in the continental interior. The Federalists focused on securing against Native American claims and attacks several protected enclaves of white settlement (Ohio, Kentucky, Tennessee), established—often violently—during the Revolutionary War. They used treaties to draw a legal boundary between these enclaves and Indian communities, and annuities and military force to keep Indians on their side of the line. The Jeffersonian Republicans adopted a more expansive plan of development, coupled with the promotion of Native American dependency. Treaty commissioners persuaded chiefs to cede road easements and riverfront acreage that the government used to link and develop dispersed white settlements. Meanwhile, the War Department built trading factories whose cheap merchandise would lure Indians into commercial dependency, and agents offered Indian families agricultural equipment and training, hoping that Native American farmers would no longer need “extensive forests” to support themselves. These pressures helped engender nativist movements in the Old Northwest and southeast, and Indian men from both regions fought the United States in the War of 1812, reinforcing frontier settlers’ view that Indians were a security threat. After this war’s end, the United States adopted a strategy of containment, pressuring Indian leaders to cede most of their peoples’ lands, confining Indians to enclaves, financing vocational schooling for Indian children, and encouraging Native peoples voluntarily to move west of the Mississippi. This policy, however, proved too respectful of Indian autonomy for the frontier settlers and politicians steadily gaining influence in the national government. After these settlers elected one of their own, Andrew Jackson, to the presidency, American Indian policy would enter a much more coercive and violent phase, as white Americans redefined the nation-state as a domain of white supremacy ethnically cleansed of indigenous peoples.
Relations between the United States and Mexico have rarely been easy. Ever since the United States invaded its southern neighbor and seized half of its national territory in the 19th century, the two countries have struggled to establish a relationship based on mutual trust and respect. Over the two centuries since Mexico’s independence, the governments and citizens of both countries have played central roles in shaping each other’s political, economic, social, and cultural development. Although this process has involved—even required—a great deal of cooperation, relations between the United States and Mexico have more often been characterized by antagonism, exploitation, and unilateralism. This long history of tensions has contributed to the three greatest challenges that these countries face together today: economic development, immigration, and drug-related violence.
Zoning is a legal tool employed by local governments to regulate land development. It determines the use, intensity, and form of development in localities through enforcement of the zoning ordinance, which consists of a text and an accompanying map that divides the locality into zones. Zoning is an exercise of the police powers by local governments, typically authorized through state statutes. Components of what became part of the zoning process emerged piecemeal in U.S. cities during the 19th century in response to development activities deemed injurious to the health, safety, and welfare of the community. American zoning was influenced by and drew upon models already in place in German cities early in the 20th century. Following the First National Conference on Planning and Congestion, held in Washington, DC in 1909, the zoning movement spread throughout the United States. The first attempt to apply a version of the German zoning model to a U.S. city was in New York City in 1916. In the landmark U.S. Supreme Court case, Ambler Realty v. Village of Euclid (1926), zoning was ruled as a constitutional exercise of the police power, a precedent-setting case that defined the perimeters of land use regulation the remainder of the 20th century.
Zoning was explicitly intended to sanction regulation of real property use to serve the public interest, but frequently, it was used to facilitate social and economic segregation. This was most often accomplished by controlling the size and type of housing, where high density housing (for lower income residents) could be placed in relation to commercial and industrial uses, and in some cases through explicit use of racial zoning categories for zones. The U.S. Supreme Court ruled, in Buchanan v. Warley (1917), that a racial zoning plan of the city of Louisville, Kentucky violated the due process clause of the14th Amendment. The decision, however, did not directly address the discriminatory aspects of the law. As a result, efforts to fashion legally acceptable racial zoning schemes persisted late into the 1920s. These were succeeded by the use of restrictive covenants to prohibit black (and other minority) occupancy in certain white neighborhoods (until declared unconstitutional in the late 1940s). More widespread was the use of highly differentiated residential zoning schemes and real estate steering that imbedded racial and ethnic segregation into the residential fabric of American communities.
The Standard State Zoning Enabling Act (SSZEA) of 1924 facilitated zoning. Disseminated by the U.S. Department of Commerce, the SSZEA created a relatively uniform zoning process in U.S. cities, although depending upon their size and functions, there were definite differences in the complexity and scope of zoning schemes. The reason why localities followed the basic form prescribed by the SSZEA was to minimize the chance of the zoning ordinance being struck down by the courts. Nonetheless, from the 1920s through the 1970s, thousands of court cases tested aspects of zoning, but only a few reached the federal courts, and typically, zoning advocates prevailed.
In the 1950s and 1960s, critics of zoning charged that the fragmented city was an unintended consequence. This critique was a response to concerns that zoning created artificial separations among the various types of development in cities, and that this undermined their vitality. Zoning nevertheless remained a cornerstone of U.S. urban and suburban land regulation, and new techniques such as planned unit developments, overlay zones, and form-based codes introduced needed flexibility to reintegrate urban functions previously separated by conventional zoning approaches.