9-24 - POLSCI 319 LECTURE ENFORCEMENT OF BLACK RIGHTS...

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POLSCI 319 LECTURE ENFORCEMENT OF BLACK RIGHTS DURING RECONSTRUCTION 9/24/09 jk QUESTION: What is the effect of the “State action doctrine” on the enforcement of black rights during reconstruction? Number of Enforcement Cases Brought by Federal Government: 1871(206) 1873-1883: Slaughter-House Cases (1873): First time Supreme Court gives us an understanding of what the 14 th Amendment is; is known for the incorporation of the Bill of Rights (Before the Civil War, there was a decision, Barron v. Baltimore 1833, where the Supreme Court said that states are not bound by the Bill of Rights. If a state wants to deny free press or free speech, they can do that, under Barron v. Baltimore, because the Bill of Rights does not apply to the states. For many years there was a big fight going on among legal scholars regarding whether or not they intended to overturn Barron—anti-slavery activists were getting their freedoms denied, gag rules were imposed in congress by southern majorities, jury trial rights were denied, mails were intercepted, etc. Incorporation, or application, of Bill of Rights to the state was viewed as a wrong view for many years, but eventually it was agreed that the Bill of Rights actually was intended); Slaughterhouse said there is no incorporation of the Bill of Rights. o This created lots of controversy because by this time people were already starting to accept the incorporation view. Those people viewed the slaughterhouse case as
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9-24 - POLSCI 319 LECTURE ENFORCEMENT OF BLACK RIGHTS...

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