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Marbury v madison brief summary
Marbury v madison brief summary
What has been the role of the supreme court regarding the civil rights and liberties
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Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact till the 1900’s for the Supreme Court to get out of the “ideology of white supremacy and the practice of racism,” (Smith). Though the decisions of the Supreme Court were not all that appreciated in the beginning, following the 20th century the court really facilitated in the advancements of civil rights. The Supreme Court was known for some of the most notorious decisions made in history, many in which included the cases, Marbury v. Madison, Scott v. Sandford, and United States v. Cruikshank. Despite these cases, the court did turn around and change their perspective and helped minorities achieve their civil rights. In 1915, the case of Guinn and Beal v. United States helped African Americans reassure their right to vote. In this case the Supreme Court considered the grandfather clause to be unconstitutional. The grandfather clause was a mechanism t... ... middle of paper ... ...merican History Online. Facts On File, Inc. Web. 18 Nov. 2011. "Legal and Political Chronology of Civil Rights." African-American History Online. Facts On File, Inc. Web. 25 Nov. 2011. "Loving v. Virginia." African-American History Online. Facts On File, Inc. Web. 23 Nov. 2011. Smith, Robert C. "Supreme Court." Encyclopedia of African-American Politics. New York: Facts On File, Inc., 2003. African-American History Online. Facts on File, Inc. Web. 20 Nov. 2011. Unger, Harlow G. "Brown v. Board of Education of Topeka, Kansas." Encyclopedia of American Education, 3rd Edition. New York: Facts On File, Inc., 2007. African-American History Online. Facts On File, Inc. Web. 19 Nov. 2011. "Loving v. Virginia." African-American History Online. Facts On File, Inc. http://www.fofweb.com/activelink2.asp? ItemID=WE01&iPin=E13715&SingleRecord=True (accessed November 27, 2011).
The famous Brown v. Board of Education of Topeka can be used to illustrate when judicial review should be implemented to aid one or a faction in actions that are unconstitutional. In the town of Topeka, Kansas a black third-grader was forced to walk one mile through a switchyard in order to get to her black elementary school, although a white elementary school was only a few blocks away. Her parents attempted to enroll her into the white school but were repeatedly denied. The Brown v. Board of Education case was tried on behalf of the black minority that was the target of racial segregation in public schools.
All throughout history civil liberties have been established, fought for, and abused. During the first quarter of the twentieth century, the civil liberties in the United States of America were tested. There were many events where the freedoms that our founding fathers had fought for Passive Voice (consider revising). Prejudice, fear, and racism all played a role during these events, during many of which they decided the outcome. Two events that demonstrate when the civil liberties in America were tested were during the trial of Sacco and Vanzettii and Schenek v. United States.
The antebellum period was filled with important Supreme Court rulings that had an influential impact on the U.S. The case of Dred Scott vs. Sandford is a perfect example of a ruling that highly affected the U.S. In Dred Scott vs. Sandford the Supreme Court ruled that African Americans, whether a slave or free, were not American citizens and were unable to sue in federal court. The Court also ruled that Congress did not have the power to ban slavery and in the U.S territories. In addition to, the Court also ruled that the Fifth Amendment protected the rights of slave owners because slaves were not classified as humans but as pieces of property. The devastating outcome of this court case had multiple effects on the U.S.; it gave more power to the National Government, it took away some of the sovereignty of states, overturned the Missouri Compromise, instigated the Civil War, and opened eyes of the Northerners.
Few things have impacted the United States throughout its history like the fight for racial equality. It has caused divisions between the American people, and many name it as the root of the Civil War. This issue also sparked the Civil Rights Movement, leading to advancements towards true equality among all Americans. When speaking of racial inequality and America’s struggle against it, people forget some of the key turning points in it’s history. Some of the more obvious ones are the Emancipation Proclamation, which freed slaves in the North, and Martin Luther King Jr.’s march on Washington D.C. in 1963. However, people fail to recount a prominent legal matter that paved the way for further strides towards equality.
The Brown decision has generated numerous writings that are used to understand the meaning of the decision; Brown v. Board of Education,
Works Cited The "Civil Rights" Cornell University Law School, Inc. 2010. Web. The Web. The Web. 1 Apr. 2011.
Despite the 14th and 15th constitutional amendments that guarantee citizenship and voting right regardless of race and religion, southern states, in practice, denied African Americans the right to vote by setting up literacy tests and charging a poll tax that was designed only to disqualify them as voters. In 1955, African Americans still had significantly less political power than their white counterparts. As a result, they were powerless to prevent the white from segregating all aspects of their lives and could not stop racial discrimination in public accommodations, education, and economic opportunities. Following the 1954 Supreme Court’s ruling in Brown vs. Board of Education that segregation in public schools was unconstitutional, it remained a hot issue in 1955. That year, however, it was the murder of the fourteen-year-old Emmett Louis Till that directed the nation’s attention to the racial discrimination in America.
Smith, V. Chapman . "American Anti-Slavery and Civil Rights Timeline." American Anti-Slavery and Civil Rights Timeline. N.p., 4 July 1995. Web. 12 Dec. 2013. .
ProQuest Staff. "Civil Rights Timeline." Leading Issues Timelines. 2014: n.p. SIRS Issues Researcher. Web. 22 Apr. 2014. .
... Brown v. Board of Education. n.d. 8 May 2014 http://www.pbs.org/jefferson/enlight/brown.htm>. History:
Throughout history, there has been a struggle for equality and justice. The oppression that African Americans have received throughout the generational period in which they first arrived in America has continued to be a raging war. Article I, Section 8 of the American Constitution enabled Congress to have certain rights and authorities over the laws. In the evaluation of the 1700s, 1800s, 1950s, and 1990s, the prolific effects can be seen through specific Congressional Acts.
Brunner, Haney, Borgna, and Elissa. "Civil Rights Movement Timeline (14th Amendment, 1964 Act, Human Rights Law) | Infoplease.com." Infoplease.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Warren, Earl. "Supreme Court Decision- Brown v. Board of Education of Topeka Et Al." Caselaw. Westlaw, 17 May 1954. Web. 7 Nov. 2010.
During the 1950s and 1960, the United States continued to renovate its social policies to address inequalities present among its citizens. Much of this change was aided by the Supreme Court, which found government-sponsored racial segregation unconstitutional, and worked to strike down infringing state and federal legislation. In its decision during Brown v. Board of Education of Topeka, Kansas, the Supreme Court ruled that the equal protection clause of the Fourteenth Amendment invalid...