>> Is this another one of those “penumbra” and “emanation” things?
Probably.
Constituitional or not — it is the law. If she doesn’t like it, there are methods of challenging it in the Courts. But, we are not empowered to ignore whatever laws we deem unconstitutional.
As for the fair housing act itself — it is likely unconstitutional ... but, we, as a country, brought it on ourselves. Slavery was an unconstitutional denial of rights to a great many people — and segregation was a spin-off continuation of the problems brought about by slavery. The inability of black citizens to procure housing was a direct result of that.
Our arrogance in originally ignoring the Constitutional rights of slaves brought about a severe overreaction in the other direction ... the outdated remnants of that overreaction still exist.
SnakeDoc
Gotta break the law before you get standing in the Courts though.
Not so.
Slavery was perfectly Constitutional. Provisions for it were WRITTEN in to the U.S. Constitution as it was adopted, thereby making it defacto "Constitutional".
Moral? No.
Constitutional, yes; at least until the 13th Amendment CHANGED the Constitution.