American jurists and legal scholars often assume that local government
s are mere administrative conveniences that exist at the pleasure of s
tate legislatures, and that local boundaries are entirely arbitrary an
d largely inconsequential. At the same time, the same people often tre
at local governments as if they were sacrosanct, ''natural'' entities.
In this Article, Professor Ford exposes the equivocation that underli
es the American law of local government, and traces it back to a tensi
on between two opposing conceptions of ''political space.'' This conce
ptual equivocation is more than an academic embarrassment - it has pro
found consequences for race relations in America. Drawing on an econom
ic model, Professor Ford demonstrates that, in a world in which racism
had been eliminated, institutional inattention to the political chara
cter of space would result in the perpetuation of racial segregation w
ith all of its attendant problems. What follows is a detailed discussi
on of the Supreme Courths local-government jurisprudence, from which i
t appears that the Justices' inability to sort out their conceptions o
f political space has a very real, and disturbing, impact on the life
of the nation. Nor is the problem confined to the courts - it is also
reflected in the normative political principles that inform judicial d
ecisionmaking. But though the legal situation is troubled, Professor F
ord is hopeful that it is not beyond repair. He identifies legal prece
dent for a sophisticated approach to the complexities of political spa
ce that could go some way toward solving the problem. The Article conc
ludes with a series of proposals intended to show how the courts and t
he country might begin to chart a course toward the ideal of a raciall
y desegregated society.