the plessy case a legal historical interpretation

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The Plessy Case

Author : Charles A. Lofgren
ISBN : 0195363485
Genre : History
File Size : 37. 86 MB
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In 1896 the U.S. Supreme Court case Plessy v. Ferguson upheld "equal but separate accommodations for the white and colored races" on all passenger railways within the state of Louisiana. In this account with implications for present-day America, Lofgren traces the roots of this landmark case in the post-Civil War South and pinpoints its moorings in the era's constitutional, legal, and intellectual doctrines. After reviewing de facto racial separation and the shift by southern states to legislated transportation segregation, he shows that the Fourteenth Amendment became a ready vehicle for legitimating classification by race. At the same time, scientists and social scientists were proclaiming black racial inferiority and lower courts were embracing separate-but-equal in ordinary law suits. Within this context, a group of New Orleans blacks launched a judicial challenge to Louisiana's 1890 Separate Car Law and carried the case to the Supreme Court, where the resulting opinions by Justices Henry Billings Brown and John Marshall Harlan pitted legal doctrines and "expert" opinion about race against the idea of a color-blind Constitution. Throughout his account, Lofgren probes the intellectual premises that shaped this important episode in the history of law and race in America--an episode that still raises troubling questions about racial classification and citizenship--revealing its dynamics and place in the continuum of legal change.

Plessy V Ferguson Segregation And The Separate But Equal Policy

Author : David Cates
ISBN : 9781614789673
Genre : Juvenile Nonfiction
File Size : 46. 58 MB
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The US Supreme Court is the head of the judicial branch of the federal government. It is the highest court in the land, with thousands of cases appealed to it every year. One of those history-making cases was Plessy v. Ferguson, which decided the constitutionality of "separate but equal" policies in 1896. Readers will follow this case from beginning to end, including the social and political climates that led up to it and the effects it had after the court made its ruling. Major players and key events are discussed, including Homer Plessy and the Citizens' Committee, and their fight against Louisiana's separate train cars law. Compelling chapters and informative sidebars also introduce Dred Scott v. Stanford, the Civil War, Abraham Lincoln, slavery, the Emancipation Proclamation, the Thirteenth, Fourteenth, and Fifteenth amendments, Reconstruction, the Freedman's Bureau, Jim Crow laws, Booker T. Washington, W.E.B. DuBois, the NAACP, and Brown v. Board of Education. Plessy v. Ferguson addressed segregation and racism. This landmark Supreme Court case changed the course of US history and shaped the country we live in. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.

To Wake The Nations

Author : Eric J. Sundquist
ISBN : 067489331X
Genre : Literary Criticism
File Size : 90. 36 MB
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This powerful book argues that white culture in America does not exist apart from black culture. The revolution of the rights of man that established this country collided long ago with the system of slavery, and we have been trying to reestablish a steady course for ourselves ever since. To Wake the Nations is urgent and rousing: we have integrated our buses, schools, and factories, but not the canon of American literature. That is the task Eric Sundquist has assumed in a book that ranges from politics to literature, from Uncle Remus to African American spirituals. But the hallmark of this volume is a sweeping reevaluation of the glory years of American literature--from 1830 to 1930--that shows how white literature and black literature form a single interwoven tradition. By examining African America's contested relation to the intellectual and literary forms of white culture, Sundquist reconstructs the main lines of American literary tradition from the decades before the Civil War through the early twentieth century. An opening discussion of Nat Turner's "Confessions," recorded by a white man, Thomas Gray, establishes a paradigm for the complexity of meanings that Sundquist uncovers in American literary texts. Focusing on Frederick Douglass's autobiographical books, Herman Melville's Benito Cereno, Martin Delany's novel Blake; or the Huts of America, Mark Twain's Pudd'nhead Wilson, Charles Chesnutt's fiction, and W.E.B. Du Bois's The Souls of Black Folk and Darkwater, Sundquist considers each text against a rich background of history, law, literature, politics, religion, folklore, music, and dance. These readings lead to insights into components of the culture at large: slavery as it intersected with postcolonial revolutionary ideology; literary representations of the legal and political foundations of segregation; and the transformation of elements of African and antebellum folk consciousness into the public forms of American literature. "Almost certainly the finest book yet written on race and American literature," writes Arnold Rampersad of Princeton University. To Wake the Nations "amounts to a startlingly penetrating commentary on American culture, a commentary that should have a powerful impact on areas far beyond the texts investigated here."

Racism And The Law

Author : Gerald Postema
ISBN : 9789401589772
Genre : Law
File Size : 21. 94 MB
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Plessy v Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects during the last half century. Ironically, in the current debate over affirmative action, Justice Harlan's eloquent dissent has been used to justify attacks on government affirmative action programs. In this book, five distinguished philosophers and constitutional theorists, working from very different theoretical positions, take a fresh critical look at the moral and political principles underlying this historic decision and Harlan's dissent. They also explore the nature and extent of law's complicity in perpetuating Plessy's racialist aims. Emerging from their varied but complementary analyses is a deeper and more nuanced understanding of the social injustice of racial segregation in its historic and contemporary forms and of resources of the law to reverse it.

Encyclopedia Of African American History

Author : Leslie Alexander
ISBN : 9781851097692
Genre : Social Science
File Size : 22. 4 MB
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Encyclopedia of African American History introduces readers to the significant peopoe, events, sociopolitical movements, and ideas that have shaped African American life from earliest contact between African peoples and Europeans through the late 20th century. The encyclopedia places the African American experience in the context of the entire African diaspora, with entries organized in sections on African/European cnontact and enslavement, culture, resistance and identity during enslavement, political activism from the Revolutionary War to Southern emancipation, political activism from Reconstruction to the modern Civil Rights movement, black nationalism and urbanization, and Pan-Africanism and contemporary black America. Based on the latest scolarship and engagingly written, there is no better go-to reference for exploring the history of African Americans and their distinctive impact on American society, politics, business, literature, art, food, clothing, music, language, and technology.

The United States Of The United Races

Author : Greg Carter
ISBN : 9780814772515
Genre : Social Science
File Size : 59. 79 MB
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Barack Obama’s historic presidency has re-inserted mixed race into the national conversation. While the troubled and pejorative history of racial amalgamation throughout U.S. history is a familiar story, The United States of the United Races reconsiders an understudied optimist tradition, one which has praised mixture as a means to create a new people, bring equality to all, and fulfill an American destiny. In this genealogy, Greg Carter re-envisions racial mixture as a vehicle for pride and a way for citizens to examine mixed America as a better America. Tracing the centuries-long conversation that began with Hector St. John de Crevecoeur’s Letters of an American Farmer in the 1780s through to the Mulitracial Movement of the 1990s and the debates surrounding racial categories on the U.S. Census in the twenty-first century, Greg Carter explores a broad range of documents and moments, unearthing a new narrative that locates hope in racial mixture. Carter traces the reception of the concept as it has evolved over the years, from and decade to decade and century to century, wherein even minor changes in individual attitudes have paved the way for major changes in public response. The United States of the United Races sweeps away an ugly element of U.S. history, replacing it with a new understanding of race in America.

Plessy V Ferguson

Author : Wayne Anderson
ISBN : 082394011X
Genre : Juvenile Nonfiction
File Size : 54. 83 MB
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Discusses the 1896 Supreme Court case that legitimized the segregation laws of the late nineteenth century and the first half of the twentieth century and the results and repercussions of the case.

Race In A Bottle

Author : Jonathan Kahn
ISBN : 9780231531276
Genre : Medical
File Size : 84. 77 MB
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At a ceremony announcing the completion of the first draft of the human genome in 2000, President Bill Clinton declared, "I believe one of the great truths to emerge from this triumphant expedition inside the human genome is that in genetic terms, all human beings, regardless of race, are more than 99.9 percent the same." Yet despite this declaration of unity, biomedical research has focused increasingly on mapping that.1 percent of difference, particularly as it relates to race. This trend is exemplified by the drug BiDil. Approved by the FDA in 2005 as the first drug with a race-specific indication on its label, BiDil was originally touted as a pathbreaking therapy to treat heart failure in black patients and help underserved populations. Upon closer examination, however, Jonathan Kahn reveals a far more complex story. At the most basic level, BiDil became racial through legal maneuvering and commercial pressure as much as through medical understandings of how the drug worked. Using BiDil as a central case study, Kahn broadly examines the legal and commercial imperatives driving the expanding role of race in biomedicine, even as scientific advances in genomics could render the issue irrelevant. He surveys the distinct politics informing the use of race in medicine and the very real health disparities caused by racism and social injustice that are now being cast as a mere function of genetic difference. Calling for a more reasoned approach to using race in biomedical research and practice, Kahn asks readers to recognize that, just as genetics is a complex field requiring sensitivity and expertise, so too is race, particularly in the field of biomedicine.

How Race Is Made

Author : Mark M. Smith
ISBN : 0807877271
Genre : Social Science
File Size : 39. 29 MB
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For at least two centuries, argues Mark Smith, white southerners used all of their senses--not just their eyes--to construct racial difference and define race. His provocative analysis, extending from the colonial period to the mid-twentieth century, shows how whites of all classes used the artificial binary of "black" and "white" to justify slavery and erect the political, legal, and social structure of segregation. Based on painstaking research, How Race Is Made is a highly original, always frank, and often disturbing book. After enslaved Africans were initially brought to America, the offspring of black and white sexual relationships (consensual and forced) complicated the purely visual sense of racial typing. As mixed-race people became more and more common and as antebellum race-based slavery and then postbellum racial segregation became central to southern society, white southerners asserted that they could rely on their other senses--touch, smell, sound, and taste--to identify who was "white" and who was not. Sensory racial stereotypes were invented and irrational, but at every turn, Smith shows, these constructions of race, immune to logic, signified difference and perpetuated inequality. Smith argues that the history of southern race relations and the construction of racial difference on which that history is built cannot be understood fully on the basis of sight alone. In order to come to terms with the South's past and present, Smith says, we must explore the sensory dynamics underpinning the deeply emotional construction of race. How Race Is Made takes a bold step toward that understanding.

Brown V Board Of Education And The Civil Rights Movement

Author : Michael J. Klarman
ISBN : 0198042000
Genre : Law
File Size : 33. 77 MB
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A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly

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