Howard Law Journal
On November 20, 1962, the President fulfilled his campaign pledge and issued an Executive Order on Equal Opportunity in Housing.2Regardless of its scope, the issuance of this Order is an event of great moment in that it establishes for the first time an official policy against housing discrimination on the part of that branch of the Federal Government which executes the laws. In this sense the Executive Order constitutes a foundation upon which the structure of equal housing opportunity and free housing choice can be erected in time to come. But the Order, itself, does not by a "stroke of the pen" achieve these goals, nor can it, according to its present limited application, assure their eventual realization, even though vigorous and successful implementation by the agencies subject to its provisions. For the scope of the Order falls considerably short of a reasonably defined limit of Federal involvement in housing and home finance. This is true in at least two senses.
Monroe H. Freedman,
Executive Order on Housing: The Constitutional Basis for What It Fails to Do, 9 How. L.J. 1
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