Racial Discrimination Cases

Racial Discrimination Cases - Racial Discrimination Cases...

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Racial Discrimination Cases
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Slavery
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Dred Scott v. Sandford (1857) Summary: Scott was a slave in Missouri but from 1833- 1843 he lived in Illinois where slavery was forbidden Sued in Missouri saying he is now free because he lived in a free state for so long Scott’s master said he can’t be a citizen according to Article III of the Constitution
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Dred Scott v. Sandford (1857) Ruling: Court ruled that he was in fact a slave Articles III and IV said no one but a citizen of the US could be a citizen of a state Only Congress could confer national citizenship And no person descending from an American slave had ever been a citizen (Art. III) Resulted in the Missouri Compromise being unconstitutional
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Civil War Amendments
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Civil Rights Cases (1883) Summary: In 5 separate cases, black persons were denied accommodations that a white person could do Involved the Civil Rights Act of 1875, saying that all people can go to public places and use public transportation (see CRA1875 slide)
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Civil Rights Cases (1883) Ruling: Argued that the 10th Amendment (reserves all power not granted to the national government to the states) made the Civil Rights Act of 1875 unconstitutional 14th amendment restrains only state action and the amendment doesn’t authorize national legislation to interfere with situations that are within the domain of the state Private acts of racial discrimination were private wrongs so the national government is powerless to correct them
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Plessy v. Ferguson (1896) Summary: The state of Louisiana made a law that required separate railway cars for blacks and whites Plessy (who is 7/8 white) sat in the ‘whites only’ car and was asked to move Refused to move to ‘blacks only’ car and was arrested
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Plessy v. Ferguson (1896) Ruling: Ruled that the state law was within the Constitution boundaries Upheld state-imposed racial segregation Based decision on the separate but equal doctrine Separate facilities for black and whites were okay as long as they were equal and not discriminatory 14th amendment is intended to establish absolute equality Justice Brown noted that segregation doesn’t in itself constitute unlawful discrimination
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School Desegregation
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Brown v. Board of Education (I) (1954) Summary: Black children were denied admission to public schools attended by white children only because of the laws that required/permitted segregation according to race Inferior accommodations, services, facilities and treatment for Black Americans
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Brown v. Board of Education (I) (1954) Ruling: Unanimous decision Ruled that depriving minority kids was against the equal protection laws of the 14th amendment Intangible issues foster and maintain inequality Racial segregation in education negatively effects minority kids ‘Separate but equal’ doctrine was rejected
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This note was uploaded on 04/14/2008 for the course POLI 195 taught by Professor Mcguire during the Fall '07 term at UNC.

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Racial Discrimination Cases - Racial Discrimination Cases...

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