2/4/08 - Didn’t protect individuals vs individuals •...

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DOC2 – 2/04/08 Origins of the 14 th amendment Post Civil War o Intro 1866 o Ratified 1868 Mixed Motives o Radicals John Bingham o Punish confederates People who fought against the north don’t get a seat in the house or vote, no civil or military office, no judges Will no pay any money confederates owe to others on loans etc. o Rejoin Union Forced to ratify it to rejoin the union and have union troops vacate their states o Why did congress pass this amendment? Congress did not have any members from confederate states Some just wanted to punish the south Early 14 th cases o Slaughter house 1873 Had nothing to do with race Challenge to Louisiana law that granted a business monopoly Court ruled that 14 th amendment was supposed to protect African Americans o Cruikshank 1875 60 freed slaves were murdered 97 charged, 3 convicted
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o Civil rights 1883 Overreach of power by congress
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Unformatted text preview: Didn’t protect individuals vs. individuals • Plessey v. Ferguson 1896 o Majority (Brown) Equality does not equal integration Social equality does not equal political equality Values law and order, police powers Original intent reading Legal distinctions do not promote slavery The 14 th amendment is not violated because it requires equality not integration o Dissent (Harlan) Plain text reading Color blind Not just about slavery, but forbids all legislation that marks a man as a slave (13 th ) Segregation is a perpetuation of slavery If you ban slavery you have to ban segregation Wants “color-blind” constitution Segregating people grows hostility between them • Brown v. Board (1954) o Interpretivist o Education is distinct o Intangibles matter...
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2/4/08 - Didn’t protect individuals vs individuals •...

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