DEI Part Three: Laws, Orders, and the Fight for Permanence

Introduction: We Are a Nation of Laws—Not Just Orders

As a Republican, a conservative, and a believer in the moral and spiritual values that made this country great, I am, first and foremost, an American. I believe in liberty, equality under the law, and the Constitution. But I also know this: laws—not just executive orders—are the only true and lasting protections for the people.

America is a nation built by immigrants. Even African Americans, whose ancestors came here by force, are a part of that immigrant legacy. None of us are indigenous to this land, except for the Native Americans—who were robbed, imprisoned into territories, and later made into sovereign nations within the United States. They have received some form of repatriation. African Americans, by contrast, have not.

And still, we persist in hope. In the hope that the law will eventually protect all of us—not just some of us. But that only happens if we understand our history and insist on laws that are permanent, enforceable, and immune from political whims.

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II. The Three-Legged Stool: Laws, Executive Orders, and Amendments

To understand how civil rights protections rise and fall, we must look at the relationship between federal laws, executive orders, and constitutional amendments. Think of it as a three-legged stool:

1. Laws make a statement.

2. Executive Orders enforce that statement—temporarily.

3. Amendments cement the principle into the Constitution—permanently.

Let’s walk through some of the most important milestones in African American history using this framework.

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1. 1863 — Emancipation Proclamation (Executive Order)

• President: Abraham Lincoln

• Context: Issued during the Civil War, this executive order declared all enslaved people in Confederate states to be free.

• Limitation: It did not end slavery legally—only symbolically in Confederate territories.

• Impact: It required Union military success to enforce; it was a military order, not a law.

2. 1865 — 13th Amendment (Law & Constitutional Amendment)

• Passed by: Congress after Lincoln’s assassination

• Effect: Abolished slavery nationwide.

• Strength: Permanent and enforceable—part of the Constitution.

3. 1865 — General Order No. 3 (Executive Order)

• Issued by: Union General Gordon Granger in Galveston, Texas

• Purpose: Enforced the Emancipation Proclamation in Texas on June 19, 1865 (now known as Juneteenth).

• Importance: Required a military presence to implement the law—shows that law without enforcement is powerless.

4. 1964 — Civil Rights Act (Law)

• President: Lyndon B. Johnson

• Purpose: Outlawed discrimination based on race, color, religion, sex, or national origin.

• Key Provision: Title VII banned discrimination in employment.

• Limitation: Passed under extreme political pressure; resisted in many Southern states.

5. 1965 — Executive Order 11246 (Executive Order)

• Issued by: President Lyndon B. Johnson

• Mandate: Prohibited federal contractors from discriminating in employment.

• Expanded: Included affirmative action provisions.

• Significance: Filled the enforcement gap of the Civil Rights Act—particularly in federal employment.

• At Risk: This order has now effectively been rescinded by President Donald Trump’s 2025 Executive Order 14281.

6. 1965 — Voting Rights Act (Law)

• President: Lyndon B. Johnson

• Purpose: Outlawed discriminatory voting practices like literacy tests and poll taxes.

• Enforcement Tool: Required federal oversight (preclearance) in states with a history of discrimination.

• Weakened: Shelby County v. Holder (2013) struck down the formula for preclearance—effectively neutering the law.

7. 1968 — Fair Housing Act (Law)

• President: Lyndon B. Johnson

• Purpose: Prohibited housing discrimination on the basis of race, color, religion, sex, or national origin.

• Amended in 1988: To add protections for people with disabilities and families with children.

• Enforced By: The Department of Housing and Urban Development (HUD).

8. 1991 — Civil Rights Act of 1991 (Law)

• President: George H. W. Bush

• Purpose: Restored and strengthened protections against employment discrimination.

• Why It Was Needed:

  • Wards Cove Packing Co. v. Atonio (1989) severely limited plaintiffs’ ability to bring disparate impact claims.

  • This law reinstated the burden of proof on employers to justify neutral policies that had unequal effects.

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III. A Warning: Executive Orders Are Not Enough

What we’ve seen is clear:

1. The Emancipation Proclamation didn’t end slavery.

2. The Civil Rights Act didn’t end employment discrimination.

3. The Voting Rights Act didn’t protect Black voters forever.

4. Executive orders can fill enforcement gaps—but they can be undone.

Just look at what’s happening now. President Trump’s Executive Order 14281 dismantles disparate impact enforcement across federal agencies. It reverses the force of Executive Order 11246—an order that stood for over 50 years.

A new administration came in and, with the stroke of a pen, reversed decades of civil rights protections. This is why we need laws—not just orders.

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IV. Still Fighting the Klan: Proof That We Need Protection

Let’s be clear: racism is not dead. The Ku Klux Klan is still active in America. Their official website is operational, and their hate is no longer just a relic of history.

The Ku Klux Klan Act of 1871, also known as the Enforcement Act, allowed the president to use military force to suppress the KKK’s terrorism against African Americans. It was used to protect voters, civil rights activists, and newly freed Black citizens.

But guess what?

Many of these protections have been undermined or ignored. And unless the laws are vigilantly defended, they can be overturned, weakened, or struck down by new courts and new presidents.

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V. Final Words: The Role of the People

Here’s the bottom line:

• Most executive orders are not permanent.

• Most Americans don’t realize that vital protections are held together by temporary measures.

We don’t have time to read every bill or track every change in Congress. But someone must.

That someone is me. And now, maybe it’s you too.

• We must be educated.

• We must be vigilant.

• We must advocate for real laws—not temporary executive signatures.

Thank you for reading this blog. I appreciate your continued support in raising awareness about the issues that most impact our communities. Please share this blog—and explore my other articles and videos—each one created to educate, empower, and uplift. Together, we can challenge the systems that hold us back and push forward policies that open the doors to opportunity for all.

Eric Lawrence Frazier, MBA
Your trusted advisor in business and wealth
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