While during the nineteenth and early twentieth centuries the Supreme Court of the United States tended to rule in ways that were not favorable to minority populations, from the late twentieth century onward, The Supreme Court generally ruled in ways that were favorable to minority populations, including African Americans, Asian Americans, homosexuals, and those who share minority opinions. In other words, when compared to the Supreme Court of the nineteenth and early twentieth century, the Supreme Court in the last sixty years has become an agent of social progress. This change in The Supreme Court is evidenced by how the rulings of the court affected minorities differently in the last sixty years then they did before the mid of the twentieth …show more content…
The treatment of Asian Americans by the Supreme Court is a bit of anomaly because during the late nineteenth century, the court generally ruled in their favor, but in the mid-twentieth century did not rule in their favor. One example in which the Supreme Court ruled in favor of Asian-Americans is U.S. v. Kim Wong Ark (1898). As stated by scholar Hyung-Chan Kim (405) in their book Asian Americans and the Supreme Court: A Documentary History, “Justice Horace Gray, speaking for the Court, declared in emphatic language that all children born in this country, even those born to parents who are ineligible for naturalization, are citizens of the United States.” Given this analysis, it is clear that the Supreme Court decision was favorable to Asian Americans, as well as individuals from other races. The main evidence for this is the fact that it allowed individuals born to Asian parents to enjoy the benefits of citizenship. However, even though it was clear that the Supreme Court was an agent of social progress during the late nineteenth century, one court decision in particular was harmful to Asian Americans, more specifically, the Japanese. In Korematsu v. United States (1944), the Supreme Court defended the notion that the federal government could abridge liberties during a time of war; this ruling not only had implications for Asian Americans, but all of America’s citizens. Works Cited Don E. Fehrenbacher, Slavery, Law, and Politics: The Dred Scott Case in Historical Perspective (Oxford: Oxford University Press, 1981), 239, http://www.questia.com/read/62639778/slavery-law-and-politics-the-dred-scott-case-in Hyung-Chan Kim, ed., Asian Americans and the Supreme Court: A Documentary History (New York: Greenwood Press, 1992), 405,
3.The term Affirmative action has played a huge role in the past one hundred years of American politics. It is simply defined as an action or policy favoring those who tend to suffer. Civil Rights of American citizens have drastically changed because of Affirmative action. With almost anything in politics, there is a debate for and against Affirmative action. Supporters of this say that this helps encourage e...
The Dred Scott decision involved two slaves, Dred Scott and his wife, who originated from one of the recognized slave states, Missouri, but they were relocated to settle in Wisconsin, a state where slavery was prohibited. In 1846, Scott filed a lawsuit and “sued for his freedom on the grounds that his residence in a free state and a free territory had made him free.” In 1854, Scott’s “case ultimately went to the Supreme Court.” By landing in the Supreme Court, the justices ruled seven to two against the Dred Scott and his wife for multiple reasons. One main reason that the court specified was that whether African Americans are enslaved or not, they were never recognized as citizens of the United States. Therefore, the justices believed that the case should not have been heard or discussed in the Supreme Court to begin with. The second reason was that regardless of any African American being transferred to a free state, does not necessarily change their social status. Thirdly, the Supreme Court ruled that the Missouri Compromise of 1820, a compromise that outlawed slavery north of the 36˚30’ latitude line, is unconstitutional because the Congress declared that they had “no power to ban slavery from any territory.” The decision was critical due to increasing the North population’s unease, and their concern that the South will begin to transport slaves to freed states, which will
After long years of suffering, degradation, and different sorts of discrimination which the disadvantaged group of people had experienced, the “Affirmative Action Law” was finally passed and enforced for the very first time on September 24, 1965. The central purpose of the Affirmative Action Law is to combat racial inequality and to give equal civil rights for each citizen of the United States, most especially for the minorities. However, what does true equality mean? Is opportunity for everyone? In an article entitled, “None of this is fair”, the author, Mr. Richard Rodriguez explains how his ethnicity did not become a hindrance but instead, the law became beneficial. However, Mr. Richard Rodriguez realized the unfairness of the “Affirmative Action” to people who are more deserving of all the opportunities that were being offered to him. Through Mr. Rodriguez’s article, it will demonstrates to the reader both favorable, and adverse reaction of the people to the Affirmative Action, that even though the program was created with the intention to provide equality for each and every citizen, not everyone will be pleased, contented, and benefit from the law.
-Despite the already severe legal and social restrictions on Asian immigration, some European Americans felt that immigration should be forbidden altogether with a specific Asian Exclusion Act. In arguments which seem familiar to modern followers of the immigration debate, Asians were accused of taking white jobs and causing social
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the issue. The injustices that minorities had to deal with in the past are the same inequalities that minorities, especially African Americans, still have to face in today’s society.
Wu, Frank H. "Embracing Mistaken Identity: How the Vincent Chin Case Unified Asian Americans." Asian American Policy Review 19 (2010): 17-22. ProQuest. Web. 5 May 2014.
Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges or hiring preferences with public and private jobs; although Affirmative Action has never required quotas the government has initiated a benefits program for the schools and companies that elect to be diversified. The advantages that are received by the minorities’ only take into account skin color, gender, disability, etc., are what is recognized as discriminatory factors. What is viewed as racism to the majority is that there ar...
Gyory, Andrew. Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998.
Dred Scott was born as a slave in Virginia. As a young man he was taken to Missouri, where he was later sold to Dr. John Emerson. A military surgeon, Dr. John Emerson moved Scott a US Army Post in the free state of Illinois. Several years later Dr. Emerson moved once again, but this time to the Wisconsin Territory. As part of the massive Louisiana Purchase the Wisconsin Territory under the Missouri Compromise prohibited slavery. While in the Wisconsin Territory and also later in St. Louis the Emersons started to rent the Scotts out as servants. Under several state and federal laws this was an illegal act in direct violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act. Scott bounced around from several military posts including one in Louisiana before ending up again in St. Louis, Missouri. After the death of Dr. Emerson, ownership of the Scotts reverted to his wife. Through out 1846 Scott tried several times to by the freedom for him and his family. After several failed attempts he resorted to the legal r...
The treatment of Chinese immigrants and Chinese-Americans is often overlooked as the struggles of other ethnic groups in the United States take center stage in history. Many remember the plight of African-Americans and their struggle over basic civil liberties during the 19th and 20th centuries in America. However we shouldn’t forget that the Chinese were another group heavily discriminated against with the use of legal racism in the form of laws violating basic human rights and Sinophobe sentiments held by the American populace. After the “fall” of China to communism, anti-Chinese sentiments were only exacerbated due to the second Red Scare and the Communist witch hunts that it created. People of Chinese descent were another unfortunate target of racism in America’s long history of legalized racism.
In this week's reading of "Asian American Dreams," I was glad Zia included stories of other Asian ethnicities and their struggles trying to assimilate or survive in America. One story that impacted me the most were the successes of three, not just one, pro bono legal teams that overturned wartime convictions for of three Japanese Americans (p. 50).
Wong, Paul, Chienping Faith Lai, Richard Nagasawa, and Tieming Lin. 1998. “Asian Americans as a Model Minority: Self-Perceptions and Perceptions by Other Racial Groups.” Sociological Perspectives,41 (1): 95–118.
The United States is a racialized society, with racism deeply embedded into its history. The most renowned display of racism in the United States is the enslavement of Africans by white people. This is one of the many instances that highlights the government’s implementation of institutional racism, which has been experienced by people of many different races. In this documentary, American citizenship, the Federal Housing Administration, and real estate appear to be the focal portrayals of institutional racism. For hundreds of years, being white was essential to gaining American citizenship. In 1922, Ozawa, a Japanese businessman attempted to gain citizenship. However, the Supreme Court denied his request, stating that he was scientifically classified as Mongolian, not white. Three months later, a South Asian man, Thind, proved to the Court that he was white because he was scientifically classified as Caucasian, and therefore
Before the Civil Rights Act of 1964, segregation in the United States was commonly practiced in many of the Southern and Border States. This segregation while supposed to be separate but equal, was hardly that. Blacks in the South were discriminated against repeatedly while laws did nothing to protect their individual rights. The Civil Rights Act of 1964 ridded the nation of this legal segregation and cleared a path towards equality and integration. The passage of this Act, while forever altering the relationship between blacks and whites, remains as one of history’s greatest political battles.