Walsh power point_chapter 13

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Walsh power point_chapter 13

  1. 1. Law, Justice, and Societ y:A Sociolegal IntroductionChapter 13Racial Minorities and the Law
  2. 2. Racial Minorities and the LawAfrican AmericansSlavery Not in Constitution• Constitution and Declaration of Independence contain language that appears to outlaw slavery• Somerset v. Stewart• Constitution has language supportive of slavery• Article I, sections 9 and 2; Article IV, section 2
  3. 3. Racial Minorities and the LawAfrican Americans (cont.)• Amistad case--United States, Appellants v. The Libellants and Claimants of the Schooner Amistad, 1841• Dred Scott case--Scott v. Sandford, 1857 – USSC approved the continuation and the expansion of slavery
  4. 4. Racial Minorities and the LawAfrican Americans (cont.)Emancipation and the Reconstruction Period• after the Emancipation Proclamation, Congress passed Thirteenth Amendment• Freedman’s Bureau supplied former slaves with food, clothing, schools, and land• African Americans served on juries and held office• desegregation was normal
  5. 5. Racial Minorities and the LawAfrican Americans (cont.)Emancipation and the Reconstruction Period (cont.)• South passed Black Codes• passed under the assumption that freed slaves would not work unless forced to• struck down by Fourteenth Amendment• Fifteenth Amendment granted suffrage to African American males
  6. 6. Racial Minorities and the LawAfrican Americans (cont.)Jim Crow laws• segregation laws• underpinned by racism:different from xenophobia and ethnocentrism in that the disliked group is in close contact with the racist group• Congress passed Civil Rights Act of 1875• resulted in the Civil Rights Cases (1883) – private entities and individuals can discriminate
  7. 7. Racial Minorities and the LawAfrican Americans (cont.)Jim Crow laws• resulted in stripping away of integration• Plessy v. Ferguson, 1898 – separate but equal doctrine• William v. Mississippi, 1898 – upheld disenfranchisement
  8. 8. Racial Minorities and the LawAfrican Americans (cont.)Lynching and Protest• 1892-1968, over 4,743 persons were lynched – 70 percent were African American• after World War I, returning African American soldiers, along with power of the NAACP, fought against this• resulted in backlash and revival of the KKK – lynching increased from 36 in 1917 to 60 in 1918 to 76 in 1919
  9. 9. Racial Minorities and the LawAfrican Americans (cont.)Lynching and Protest (cont.)• states had (unenforced) anti-lynching laws• no such federal law• struck down in Congress in 1918 and 1940; passed one in 1968 as part of the Civil Rights Act• in 1981, two white men were convicted for lynching of an African American – one was the first white man since 1913 to be executed for murdering an African American – signaled the decline of the KKK
  10. 10. Racial Minorities and the LawAfrican Americans (cont.)“We Shall Overcome”• World War II was the end of Jim Crow• Fair Employment Practices Committee• Commission on Higher Education• Smith v. Allwright, 1944• paved the way for Brown v. Board of Education, 1954
  11. 11. Racial Minorities and the LawAfrican Americans (cont.)Congressional Activity• desegregation did not really happen until Congress passed Civil Rights Act of 1964 – power over the purse• voting rights did not happen right away after Smith until Voting Rights Act of 1965• Civil Rights Act was upheld in Heart of Atlanta Motel v. United States (1964)• Voting Rights Act was upheld in South Carolina v. Katzenbach (1966)
  12. 12. Racial Minorities and the LawAfrican Americans (cont.)Cold War and International Pressure• U.S./USSR and the battle over minds• the “Negro problem” in the United States• government filed briefs in civil rights cases supporting civil rights due to the image of the United States in the international community
  13. 13. Racial Minorities and the LawAfrican Americans (cont.)How Far Have We Come?• either a “rousing success” or a “long way to go”
  14. 14. Racial Minorities and the LawAmerican IndiansEarly Years• practiced physical and cultural genocide as official policy• hostilities increased as European settlers migrated more westerly• British government "protected" Indians under the Proclamation Act of 1763• Continental Congress "protected" them under the Northwest Ordinance
  15. 15. Racial Minorities and the LawAmerican Indians (cont.)Early Years (cont.)• Constitution granted quasi-independence to Indians• Treaty of Fort Pit recognized their sovereignty
  16. 16. Racial Minorities and the LawAmerican Indians (cont.)Marshall Trilogy• Johnson v. McIntosh, 1823 – Discovery Doctrine• Cherokee Nation v. Georgia, 1831 – domestic dependent nation• Worcester v. Georgia, 1832 – federal government (not the states) had authority over Indian affairs
  17. 17. Racial Minorities and the LawAmerican Indians (cont.)Period of Removal• Indian Removal Act• Dakota Sioux and Oklahoma• Standing Bear v. Crook, 1879 – Indians are people
  18. 18. Racial Minorities and the LawAmerican Indians (cont.)Assimilation and Cultural Genocide• government encouraged destruction of buffalo• 1871-- treaties could no longer be made; rather, Congress would unilaterally deal with Indians – however, treaties previously entered into with Indians should still be upheld – breaking treaties was nevertheless supported by USSC in Cherokee Tobacco case of 1871
  19. 19. Racial Minorities and the LawAmerican Indians (cont.)Assimilation and Cultural Genocide (cont.)• termination of treaty making and treaties rendered Indians as wards of the state-- assimilation period lasted until 1934 – civilized and Christianized – Bureau of Indian Affairs• Ex Parte Crow Dog (1883)• Major Crimes Act of 1885 – upheld in United States v. Kagama (1886)
  20. 20. Racial Minorities and the LawAmerican Indians (cont.)Assimilation and Cultural Genocide (cont.)• General Allotment Act of 1887• division of reservation lands• sellable to Anglo Americans• from the time of the Dawes Act to 1934, Indians lost about two-thirds of their land to white Americans• Jim Crow laws existed to segregate Indians – upheld in Elk v. Wilkins, 1884 – Lone Wolf v. Hitchcock, 1903
  21. 21. Racial Minorities and the LawAmerican Indians (cont.)The Beginning of the End• Indian Citizenship Act of 1924• Indian Reorganization Act of 1934• termination policy in 1953 – devastated tribal welfare and independence• Indian Self-Determination Act of 1975
  22. 22. Racial Minorities and the LawAmerican Indians (cont.)How Far Have We Come?• recompense and United States v. Sioux Nations, 1980• Oliphant v. Suquamish, 1978• Nevada v. Hicks, 2001
  23. 23. Racial Minorities and the LawAsian Americans• Chinese Exclusion Act of 1882 – passed despite unconstitutionality of similar legislation passed in regards to Europeans• In Re Ah Yup, 1878, versus United States v. Wong Kim Ark, 1898, versus Ozawa v. United States, 1922• Executive Order 9066 – Korematsu v. United States, 1944 – Ex Parte Endo, 1944• from "yellow peril" to "model minority"
  24. 24. Racial Minorities and the LawToday’s CJ System• African Americans are arrested more often and sentenced to harsher sanctions than whites• Asians are arrested less often than whites• what accounts for this disparity--racism or criminal activity?

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