13th Amendment
#NAME?
Black Codes
-Defined what it meant to be black
-Prevented blacks from voting/holding office etc
-Prevented blacks from serving in state militias
-Prohibited interracial marriage between whites and blacks
-Mandated and regulated labor contracts between whites and free
14th Amendment
Civil Rights in the States; All persons born or naturalized in the United States are subject to its laws and cannot be denied any of the rights and priviledges contained in the Constitution.
Dred Scott v. Sandford
Dred Scott slave that had been taken by his owner from a slave state to a free state
His owner died
When his owner died Scott sued for his freedom
Scott was helped by anti-slavery Abolitionists
US Supreme Court ruled that African Americans, free or slave,
Equal Protection Clause
states can't unreasonably discriminate against individuals. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.
Jim Crow" laws
Laws written to separate blacks and whites in public areas/meant African Americans had unequal opportunities in housing, work, education, and government
De facto segregation
segregation "by fact", segregation that results from factors like housing patterns rather than law.
Plessy v. Ferguson/ separate but equal
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education of Topeka, Kansas (I & II)
Brown v. Board of Education I 1954; Segregated Schools are unconstitutional. You cannot have separate and equal schools.
Brown v. Board of Education II 1955- The court issued another decision known as this to provide rules for implementing the 1954 order.
De jure segregation
segregation by law, segregation that is required by government
What three provisions in the original draft of the Constitution helped protect the institution of slavery?
A. 3/5's compromise: slaves be counted as 3/5 of a person
B. 1808 Compromise: prevented congress form prohibiting slave trade until 1808
C. fugitive-slave-clause: nationalized slave property, obligating free states to assist in enforcing slave system
According to Justice Taney in Dred Scott, was Scott a citizen? Why or why not?
no, prohibited that neither Dred Scott nor any other black man could be considered a citizen
What are the 3 parts (clauses) of the 14th Amendment? Which clause is pertinent to the discussion in this chapter?
1. "abridge the privileges or immunities of citizens in U.S."
2. "deprive any person of life, liberty, or property, without due process of the law"
3. "deny to any person within its jurisdiction the equal protection of laws" <----this is pertinent to chap
What kind of discrimination did the 1875 Civil Rights Act target? What did SCOTUS say about this law in the Civil Rights Cases? (hint - what is the difference between public (government) discrimination and private discrimination?)
racial discrimination (private), made public discrimination illegal and prohibited discrimination action by private individuals.
In what 3 ways does SCOTUS narrowly construe the meaning of the post-Civil War amendments?
A.the Court distinguished between public and private discrimination
B.it applied criteria to examine legislative classification schemes
C.by requiring a showing of "purposeful discrimination" in order to act
What kind of evidence did the NAACP present to the Court in support of their argument that segregation violates the Equal Protection Clause?
Social based studies, showing it has an effect on children and the what they grow up believing
What role did originalism/history play (or not play) in SCOTUS's decision in Brown?
It's irrelevant. The case is dealing with the present; things have changed.
What specific topic did Brown v. Board II address that wasn't considered when the case initially appeared before the Supreme Court? With what principle did the Court resolve this issue?
question of how to implement school desegregation. wanted to lower the courts to oversee implementation of Brown decision to make sure black children were admitted into public schools.
Compare and contrast the Court's rulings in Swann v. Charlotte-Mecklenburg Board of Education and Milliken v. Bradley. Why did the Court uphold proactive desegregation in one instance but not in the other?
Swann v. Charlotte-Mechlenburg: dealing with the busing of students to promote integration in public schools
Milliken v. Bradley: desegregation plan, Detroit school system guilty of de jure segregation. confirming that segregation was allowed if it was no
(see Brief 9.5) How did some states respond to Brown v. Board? How did the Supreme Court attempt to counteract these responses in Cooper v. Aaron? Was the Supreme Court successful, why or why not?
Some refuse, others make circumvent(find a way around) laws
SC rejected the school boards application and blamed hostile conditions in Little Rock on failure of state officials.
According to the Court's ruling in the Parents' Involved case, is it permissible for states to take race into account in an effort to proactively remedy de facto segregation?
The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.