Nixon White House Tapes › Tape 251 › Conversation 251-031

Nixon & Ehrlichman on racial balance and desegregation

Thursday, April 29, 1971 · 10:48 AM–11:08 AM ET · Old Executive Office Building · 4 min

ParticipantsNixon, Richard M. (President); Ehrlichman, John D.Conversation251-031 on Tape 251 (tape position 02:44:58–02:49:36)StartThursday, April 29, 1971 at 10:48 AMEndThursday, April 29, 1971 at 11:08 AMRecording deviceOld Executive Office BuildingSourceNixon Library record for 251-031 ↗

President Nixon and John Ehrlichman consult on the legal interpretation of Supreme Court rulings regarding racial balance, specifically distinguishing between government-mandated discrimination and individual choices. Nixon seeks clarity on how to frame these legal precedents in public rhetoric, focusing on the limitation of government action versus personal decision-making. The discussion serves to refine the administration's stance on school desegregation and housing policies to ensure a politically advantageous position for the Republican party.

  • racial balance
  • desegregation
  • Supreme Court
  • housing discrimination
  • government action
  • Republican party strategy

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No.
All right.
On the situation.
Then on...
I guess we were talking about even-handedness.
I guess I did even-handedness.
racial balance.
Let me ask you a couple of questions.
I don't want to get into the interpretation of the case, but Clark does not require, first of all, it does say that there is no requirement of racial balance at all where the impact of discrimination is concerned, does it not?
That's a strong
And second, in other words, let's face it, it really gets down to this.
Where discrimination is a result of the action of people, the individual decisions of people, the case does not speak.
But where the discrimination is a result of the action, a deliberate action of a government body, then the case does speak.
Isn't that really what gets down to it?
And can there be deterring in our opinion?
Now, in this case, therefore, well, I won't get into that case.
I'll say that's a matter of course.
But I have nothing to say about that.
Should I say that the case does not deal with, de facto, well, I can say that the case specifically says it does not deal with discrimination as a result of the decisions of an individual.
Does it?
Sure.
Sure.
Well, you can follow me.
You think I'd say, well, it did in some respects and it did not in other respects.
Right.
The court follows the same reasoning in the housing case.
This is an official action.
But it's still not official action.
Then I take government action.
Action by a government body and action by an individual.
That's what it really gets down to.
Action by a government body, that's really what it is.
By a government body and action by an individual.
But the clear signal was that they would hold that the fact was always not...
Do you think this case is still open?
And how can I go back to my getting back to the Blackjack case?
I certainly have got to say that that, though, is part of the same action by a government body is one thing.
Action by, I don't want to say out of a lot of them, but I'm confused when I study them.
I think that is where it's even-handedness goes out of the sound now as far as the setting of that is concerned.
How do the Republicans vote against it?
Well, the reason, I'm sure, but what do we want to say?
Are you worried for or against the Republicans?
Thank you.

On April 29, 1971, President Richard M. Nixon and John D. Ehrlichman met in the President's office in the Old Executive Office Building at an unknown time between 10:48 am and 11:08 am. The Old Executive Office Building taping system captured this recording, which is known as Conversation 251-031 of the White House Tapes.

Conversation No. 251-31

Date: April 29, 1971
Time: Unknown between 10:48 am and 11:08 am
Location: Executive Office Building

The President talked with John D. Ehrlichman

[See Conversation No. 42-79]
  • 251-027 10:24 AM · 10 min — President Richard M. Nixon and H. R. ("Bob") Haldeman met in the President's office in the Old Executive Office Building from 10:24 am to 10:48 am.
  • 042-078 10:48 AM · 6 min — President Richard M. Nixon and John D. Ehrlichman talked on the telephone at an unknown time between 10:48 am and 11:08 am.
  • 042-079 10:48 AM · 9 min — President Richard M. Nixon and John D. Ehrlichman talked on the telephone at an unknown time between 10:48 am and 11:08 am.
  • 042-106 10:48 AM · 8 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 10:48 am and 11:08 am.
  • 251-028 10:48 AM · 5 min — President Richard M. Nixon and John D. Ehrlichman met in the President's office in the Old Executive Office Building at an unknown time between 10:48 am and 11:08 am.
  • 251-029 10:48 AM · 8 sec — President Richard M. Nixon and the White House operator met in the President's office in the Old Executive Office Building at an unknown time between 10:48 am and 11:08 am.
  • 251-030 10:48 AM · 19 sec — President Richard M. Nixon and Alexander M. Haig, Jr. met in the President's office in the Old Executive Office Building at an unknown time between 10:48 am and 11:08 am.
  • 251-032 11:08 AM · 2 sec — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building at an unknown time between 11:08 am and 12:03 pm.

Conversation 251-031, April 29, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/251-031 (accessed October 3, 2026).