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Fighting for civil rights
The supreme court's contiiubtion to diminish segregation
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1. Explain the Struggle for Civil Rights. Throughout history, the line dividing individual rights and legal racial discrimination (against African Americans) has been blurred. In 1868, the equal protection clause was implemented under the addition of the fourteenth amendment to the constitution. The clause guaranteed “equal protection of the laws”. As a result, many Americans pushed for racial equality through political movements. African Americans constantly struggled with full citizenship rights; and, by accepting slavery, the founders created a structure that did not completely implement the “Blessings of Liberty” (as stated in the Constitution). Women also faced a similar struggle before the early 1900s.
2. Describe the connection between
The military integrated racially diverse soldiers to prove to the South that they had nothing to fear. The Commission realized that the national government had no right in implementing civil rights legislation, and it suggested that the legislation be tied to the commerce clause of Article I (even though the discrimination was not related to interstate commerce). Before the war began, the Supreme Court enacted stricter criteria for the “separate but equal” rule. Several discrimination cases resulted in a ruling that the practice of discrimination against African Americans was “state action with the meaning of the Fifteenth Amendment”. Eventually, the Supreme Court began to take more cases on appeal, and in 1952, the Court challenged the constitutionality of school segregation. In the infamous Brown v. Board of Education Supreme Court case, Oliver Brown sent his children to an all-white summer school against local segregation rules and the state law. As expected, Brown was turned away and he took his problem to the National Association for the Advancement of Colored People. Astonishingly, the courts altered the constitutional framework, by ruling that states could no longer use race as discriminatory criteria in law, and the national government was obligated to intercede with stringent regulatory policies against any acts of discrimination by private
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
Board of Education was a United States Supreme Court case in 1954 that the court declared state laws to establish separate public schools for black segregated public schools to be unconstitutional. Brown v. Board of Education was filed against the Topeka, Kansas school board by plaintiff Oliver Brown, parent of one of the children that access was denied to Topeka’s none colored schools. Brown claimed that Topeka 's racial segregation violated the Constitution 's Equal Protection Clause because, the city 's black and white schools were not equal to each other. However, the court dismissed and claimed and clarified that segregated public schools were "substantially" equal enough to be constitutional under the Plessy doctrine. After hearing what the court had said to Brown he decided to appeal the Supreme Court. When Chief Justice Earl Warren stepped in the court spoke in an unanimous decision written by Warren himself stating that, racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment, which states that "no state shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws." Also congress noticed that the Amendment did not prohibit integration and that the Fourteenth Amendment guarantees equal education to both black and white students. Since the supreme court noticed this issue they had to focus on racial equality and galvanized and developed civil
1868 marked a proud year for African Americans with the passage of the Fourteenth Amendment to Constitution. It proclaimed that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1 This essentially color blinded government, and granted all citizens (a category which finally included African Americans) what is described in the document as indisputable equality.
For 75 years following reconstruction the United States made little advancement towards racial equality. Many parts of the nation enacted Jim Crowe laws making separation of the races not just a matter of practice but a matter of law. The laws were implemented with the explicit purpose of keeping black American’s from being able to enjoy the rights and freedoms their white counterparts took for granted. Despite the efforts of so many nameless forgotten heroes, the fate of African Americans seemed to be in the hands of a racist society bent on keeping them down; however that all began to change following World War II. Thousands of African American men returned from Europe with a renewed purpose and determined to break the proverbial chains segregation had keep them in since the end of the American Civil War. With a piece of Civil Rights legislation in 1957, the federal government took its first step towards breaking the bonds that had held too many citizens down for far too long. The Civil Rights Act of 1957 was a watered down version of the law initially proposed but what has been perceived as a small step towards correcting the mistakes of the past was actually a giant leap forward for a nation still stuck in the muck of racial division. What some historians have dismissed as an insignificant and weak act was perhaps the most important law passed during the nation’s civil rights movement, because it was the first and that cannot be underestimated.
Although originally designed to define and protect the rights of freed slaves the phrase "equal protection of the law" became one of the most important and widely used clauses of the constitution. Since the early 1900's many different groups have used the fourteenth amendment as a springboard to launch an "equal rights" or "equal protection" campaign for many different minority
In 1964, Linda Brown along with the NAACP (National Association for the Advancement of Colored People) challenged the Separate but Equal doctrine, and won (Askew). Discriminatory laws that lasted for 99 years, starting with the Black Codes, moving to the Louisiana Separate Car Act and Plessy v. Ferguson, to everyday laws, finally became overturned. They permanently hindered a large group of people as seen by literacy rates, household income, and household ownership, but those numbers became more equal as time went on. Unfortunately, due to humanities extreme ignorance, we don’t see these issues recurring today. People discriminate against homosexuals, for example, and they don’t get equal rights. People must look to the past and use the knowledge of their mistakes to never make those same mistakes again.
...of religion, the freedom to assemble and civil rights such as the right to be free from discrimination such as gender, race, religion, and sexual orientation. Throughout history, African Americans have endured discrimination, segregation, and racism and have progressively gained rights and freedoms by pushing civil rights movement across America. This paper addressed several African American racial events that took place in our nation’s history. These events were pivotal and ultimately led to the establishment of the Civil Rights Act of 1964 which outlawed discrimination based on race, color, religion, sex, or national origin. The Civil Rights Act paved the way for future legislation that was not limited to African American civil rights and is considered a landmark piece of legislation that ending racism, segregation and discrimination throughout the United States.
In the U.S. Supreme Court case of Brown v Board of Education of Topeka, Kansas, the issue of segregation in public schools was addressed. Oliver Brown, a local welder, assistant pastor, and african american, along with several other african american parents, filed a suit against the Topeka Board of Education because their children were denied admission because of their race. The Court decided in favor of Brown and ruled that segregation in public schools was unconstitutional.
Although the Fourteenth Amendment, when adopted in 1868, gave certain rights to blacks, including citizenship, equal protection of law and other freedoms, African-Americans were considered inferior by whites in this country. In 1896, Plessy v. Ferguson officially made segregation legal, and put “separate but equal” into effect. African-Americans were excluded from hotels, restaurants, theatres and schools. African-Americans had lower paying jobs than did whites. Accumulated frustration led blacks to call for dramatic social change. (Good, 8-10)
African Americans have a history of struggles because of racism and prejudices. Ever since the end of the Civil War, they struggled to benefit from their full rights that the Constitution promised. The fourteenth Amendment, which defined national citizenship, was passed in 1866. Even though African Americans were promised citizenship, they were still treated as if they were unequal. The South had an extremely difficult time accepting African Americans as equals, and did anything they could to prevent the desegregation of all races. During the Reconstruction Era, there were plans to end segregation; however, past prejudices and personal beliefs elongated the process.
Even though the Declaration of Independence stated that "All men are created equal’’ this hasn’t always been the case. In 1865, the Thirteenth Amendment was ratified and finally put an end to slavery. In addition, the Fourteenth Amendment (1868) strengthened the legal rights of newly freed slaves by stating that no state shall deprive anyone of either "due process of law" or of the "equal protection of the law." And finally, the Fifteenth Amendment (1870) further strengthened the legal rights of newly freed slaves by prohibiting states from denying anyone the right to vote due to race. Despite these Amendments, African Americans were still treated differently than whites in many parts of the country, especially in the South. In 1954 the Warren Court ruled that separate educational facilities for whites and blacks are unequal, and don’t follow the 14th amendment, which is the right of “equal protection under the law”. This resulted in the Brown v. Board of education case, which stated that publ...
Brown v. Board of the Education in 1954 was a landmark decision in the education arena. The decision maintained that schools that separated students by the color of their skin could no longer be maintained. The court saw this as necessary, since in their mind schools for black students would always be inferior. This inferiority would not be caused by lack of resources, although that usually was a contributing factor to the poor quality of the school, physically and performance-wise. As the Supreme Court saw it, s...
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
According to Oxford Dictionaries, race relations are "…Relations between members or communities of different races within one country" (Oxford Dictionaries, 2017). Race relations are based on differences an individual possesses (physical and genetic traits) in comparison to other people. The traits explained by G. Edwards "are important in contributing to the observed ecological, economic, social, and political which constitute the subject matter of race relations" (Edwards, 2008). Therefore, the way in which a person differs from a certain racial group will lead to the same differences in cultural characteristics. Additionally, many critics claim race relations have seen a positive shift since the end of WWII and brought about a change in the composition of racial minorities; members within a group who appear less powerful in comparison to a larger group
However, these African American citizens had remarkable courage to never stop, until these un-just laws were changed and they received what they had been fighting for all along, their inalienable rights as human beings and to be equal to all other human beings. Up until this very day there are still racial issues where some people feel supreme over other people due to race. That, however, is an issue that may never end. African Americans fought until the Jim Crow laws were taken out of effect, and they received equality for all people regardless of race. Along the way, there were many controversial court cases and important leaders who helped to take a stand against racial segregation.