Extending Rights, Part II

1. Extending Rights, Part II

2. Resolving the slavery question • “compromises” in 1787 constitution and laws passed by Congress • abolition movement • resistance by pro-slavery groups • Scott v. Sandford(1857) • Civil war (1860-65) • Emancipation proclamation (1863) • Amendments 13 (1865) 14 (1868) 15 (1870)

3. 13th Amendment (1865)

4. 13th Amendment (1865) • There will be no slavery in the U.S. • People can only be forced to work without pay if they have been proven guilty of a crime through a fair trial. • Congress can pass any laws necessary to make sure that this amendment is followed.

5. So what is the status of ex-slaves?

6. So what is the status of ex-slaves? • Born in the U.S. • But Supreme Court had ruled that slaves and their descendants were not and could not become citizens…

7. 14th Amendment (1868) • All people born in the U.S. (or who are accepted through the naturalization process) are citizens of the U.S. and of the state where they live.

8. 14th Amendment (1868) • All people born in the U.S. (or who are accepted through the naturalization process) are citizens of the U.S. and of the state where they live. • States cannot restrict or violate the rights of citizens in any of these ways:

9. 14th Amendment (1868) • States cannot restrict or violate the rights of U.S. citizens in any of these ways: • By passing laws that limit or disregard their rights • By taking away their life, their freedom or their property – unless they have been proven guilty of a crime through a fair trial • By unfairly or inconsistently applying laws to them (for example, respecting the rights of some but not of other citizens).

10. 14th Amendment (1868) • Equal Protection Clause: If a law exists, states must apply it fairly and equally to all citizens. States are not to pick and choose who can benefit from the protections granted to citizens under state or federal laws.

11. 14th Amendment (1868) • Since there are no more slaves, the way the population of each state is counted for the purposes of representation in the House of Representatives and for federal taxation also needs to be redefined.

12. 14th Amendment (1868) • Section 2: From now on, all persons will be counted as “whole” persons (except for Native Americans – still left out of the equation), for purposes of representation in HR and taxation. • If states do not allow eligible voters – male citizens 21 yrs and up – to vote, then the population count will be adjusted accordingly (an ineffective threat: hard to enforce and statistically insignificant).

13. 14th Amendment (1868) • Voters = MALE citizens 21+ yrs • This language infuriated advocates for women’s suffrage, who had hoped their own right to vote would be affirmed here. • Disagreement about how to respond introduced a split between women’s rights advocates  slowed down that movement.

14. 14th Amendment (1868) • Also addressed some issues left by aftermath of Civil War: • Section 3: Former officials who supported the confederacy cannot run for office (unless Congress pardons them). • Section 4: War-related debts incurred by the U.S. gov’t can be repaid with taxes, but debts and losses by confederates will not be reimbursed.

15. 14th Amendment (1868) • And the refrain?

16. 14th Amendment (1868) • Congress has the right to pass any laws needed to ensure that this amendment is followed.

17. 15th Amendment (1870) • Citizens cannot be prevented from voting because of their race, color or because they used to be a slave. • Congress has the power to enforce this…

18. 15th Amendment (1870) • The wording again infuriated advocates for women’s suffrage. • Why not add a word…? • Citizens cannot be prevented from voting because of their sex, race, color or because they used to be a slave.

19. 15th Amendment (1870) • “’Tis the Negro’s hour…” • If there is one disenfranchised group that needs the vote most, it is African-American men. • Who has the power to decide who gets the right to vote and if this amendment passes?

20. Reconstruction (1865 – 1877) • Period of putting society back together again after the war • Period of progress and hope for African-Americans • Some participate in writing new constitutions for southern states • Some vote and a few are elected to office • Some manage to move to new places and start new lives

21. Reconstruction • Progress for African-Americans depends on support from the federal government • Once federal troops leave the south in 1877, Southern states and white leaders promptly revert to treating African-Americans as second-class citizens

22. Ways of asserting white supremacy • Creating obstacles to voting: poll taxes, literacy tests, grandfather clauses

23. Ways of asserting white supremacy • Creating obstacles to voting: poll taxes, literacy tests, grandfather clauses • Passing and enforcing “black codes” (state laws and local ordinances): limits to what African-Americans can do in court (cannot testify against whites or serve on juries), in job market, unequal penalties if arrested, sunset laws controlling movement, residence, etc.

24. Ways of asserting white supremacy • Creating obstacles to voting: poll taxes, literacy tests, grandfather clauses • Reviving and enforcing “black codes” (pre-existing state laws and local ordinances): limits to what African-Americans can do in court (cannot testify against whites or serve on juries), in job market, unequal penalties if arrested, sunset laws controlling movement, residence, etc. • Ensuring economic advantages: share-cropping, preferential hiring, poor access to education, etc.

25. Asserting white supremacy • Passing new laws to create racial segregation in public: public facilities, transportation, public accommodations, schools, hospitals, even cemetaries! (“Jim Crow” laws) • Passing anti-miscegenation laws: to forbid or penalize relationships and marriages between whites and non-whites

26. Asserting white supremacy • Passing laws to create racial segregation in public: public facilities, transportation, public accommodations, schools, hospitals, even cemetaries! (“Jim Crow” laws) • Passing anti-miscegenation laws: to forbid or penalize relationships and marriages between whites and non-whites • Resorting to violence and intimidation: lynching, Ku Klux Klan, other desperate and irrational acts

27. 1890s challenges to Jim Crow laws • Some African-Americans decide to challenge the constitutionality of Jim Crow laws • Louisiana Separate Car Act (1890) • A test case: Homer Plessy • Well-dressed, “passes” for white (1/8 AfAm) • Sits in “white car” • Arrested and files lawsuit: state laws do not protect him equally (14th amendment)

28. Plessy v. Ferguson (1896) • Plessy’s claim is denied by lower level federal courts, but makes it to the US Supreme Court • Sup Ct rules: • Separating people by race does not deny anyone equal protection under the law as long as the facilities provided are equal • “separate but equal”  legal justification for continued racial segregation • soon, the issue of equality was not even backed by the federal courts

29. Consequences of Plessy v. Ferguson? • Clear that the Supreme Court was going to interpret the 14th Amendment very narrowly, and would turn its back on abuses by states and individuals. • Increased segregation throughout U.S., continued violence against African-Americans.

30. Response by African-Americans? • Great Migration of African-Americans from south to northern cities • 1910 NAACP is formed, to fight racial segregation and second-class citizenship through the courts • World Wars I and II: African-Americans enlist and serve, despite segregation, violence and contradictions in US positions on democracy

31. Legal victories? • 1930s Supreme Court rules that a handful ofAfrican-American applicants to white public law schools must be admitted • 1954 Brown v. Board of Education of Topeka

32. Brown v. BOE (1954) • Supreme Court finally rules that racial segregation in schools is inherently unequal and detrimental to the academic and psychological growth of the children who are not allowed into “white” facilities • “Separate is not equal” (never has been, never could be)  Plessy v. Ferguson (1896) is overturned. • Public schools must desegregate “with all due speed.”

33. Brown v. BOE (1954) • Knowing that the Supreme Court is willing to back up the 14th Amendment’s Equal Protection Clause gives new life to the civil rights movement.