After reading Haney Lopez’s White By Law, I was interested in discussing how his concepts applied to contemporary issues like the Black Lives Matter Movement and All Lives Matter Movement. Despite seventeen years time difference, between the book’s publishing date and the new social movements, Haney Lopez’s work is able to remain relevant and touch upon contemporary issues. Curiosity led me to attend Professor Haney Lopez’s office hours in the Boalt School of Law. Haney Lopez explains the Black Lives Matter Movement as using race to recognize the racial discrimination that African Americans experience within society and allows for these community specific issues to be addressed. Whereas, the All Lives Matter Movement is problematic as it assumes …show more content…
He focuses on the opinions to “highlight the contradictions inherent in the courts,”(24). Haney Lopez can improve his argument by analyzing if the court was powerful by implementing their decisions as recent scholars suggests that the Supreme Court has historically been unable to implement their decisions alone. In one of the first major Supreme cases, Worchester v. Georgia (1832), President Jackson comments, “Marshall has made his decision, now let him enforce it, ” the decision is not implemented as it lacks the support of other political branches (Bruyneel). In Re Brown v. The Board of Education (1954), often referred to as “crown jewels,” is not enforced until Congress assists with its implementation (Rosenberg). Historically, the Supreme Court could not enforce their decisions alone prior to or after the prerequisites cases (1878-1909) suggesting that the court does not have any legitimacy or impact alone. While it was not Haney Lopez’s intention to study the impact of the court, it is necessary for the author to consider the Supreme Court’s power to avoid overstating the importance of a decision and centering his argument to an inappropriate degree on just two Supreme Court cases that may or may not be of …show more content…
As Weber mentions, “Rulership is not practiced in a vacuum…” suggesting that there are other influences at work to legitimize the ruling institution (Peter Hamilton, 168). This influence can be seen through Gomez’s critique of Haney Lopez’s failure to analyze the role ground level politics played In Re Rodriguez decision. In Re Rodriguez, is unique as it was one of the few cases that a litigant is able to successfully declared white. Haney Lopez explains the In re Rodriguez ruling based the on various treaties that provides citizenship to Spaniards and Mexicans during the expansion of the US to Florida and the Southwest (Haney Lopez, 44). Gomez asserts that Haney Lopez did not consider the political context during the ruling of Rodriguez as there was a large labor shortage caused by the Chinese Exclusion Act and the Gentleman’s Agreement. It is this shortage that provides context to the Federal Judge in Texas to rule that Rodriguez is “white enough,” as a strategic move towards ending the labor shortage (Manifest Destiny 139). The Judge’s ruling was heavily weighted by the social context that Mexican immigrants were the choice of labor in the US. As Gomez highlights, In Re Rodriguez demonstrates a variety of political complexities at work rather than just the treaties that Haney Lopez alludes to. This suggests that Haney Lopez was
In the early years of the eighteenth Century, the young United States of America were slowly adapting to the union and the way the country was governed. And just like the country, the governmental powers were starting to develop. Since the creation of the Constitution and due to the Connecticut Compromise, there is the Executive, the Legislative and the Judicial Power. But the existence of those powers was not always that naturally. In these crucial times, the Judicial Power had problems controlling the other powers. It was a challenge for the Supreme Court to exercise the powers granted by the new Constitution. Federal Government was not generally appreciated and
In 1974, the civil rights movement had been over for about 6 years, a gallon of gas cost about 55 cents, and the host of the late night TV show “The Tonight Show” Jimmy Fallon was born. However, those were of little importance compared to the historic case of Tennessee v. Garner. This is a case reminiscent of the recent shootings that have induced the “Black Lives Matter” movement. Although the black lives matter movement was not created until 2013, the public outrage at the Tennessee v. Garner case was similar to the anger shown in protests and online in the past few years. However, there was more to the case than just the shooting of an unarmed black man that made it so controversial.
In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
For the past few years, racial tensions have been on the rise. Although many actions have been taken to prevent these conflicts from occurring, African Americans are still being undervalued by the state. As more African Americans are being turned away with little to no assistance from the American government, anger and the desire for change increased among them. When Trayvon Martin’s murderer George Zimmerman was acquitted for his crime, a great number of Americans were furious at the outcome. Three African American women named Alicia Garza, Patrisse Cullors, and Opal Tometi expressed their view on a Facebook post titled “A Love Note to Black People” and it ends with “Our Lives Matter, Black Lives Matter” (“Black Lives Matter”). Thus, a new liberation movement for black people was born. The hashtag #BlackLivesMatter rapidly spread throughout social media, bringing awareness of the struggles of African Americans. The Black Lives Matter movement is a call to action to eradicate the dehumanization of African Americans that exists in American society. With the constant targeting of African Americans by the police and the unfair treatment in the criminal justice system, the Black Lives Matter movement is a necessity to combat racism.
Throughout the history of the United States, the decisions made by leaders of the past have become precedents for the rest of us throughout history and even now in the present. The United States in its most juvenile state was vulnerable to both the outside world and its own internal obstacles. The fourth Supreme Court Justice, John Marshall stood as a paradigm to the rest of the nation setting new precedents for the nation that would hold their power throughout history thus far. Chief Justice John Marshall existed as one of the most pivotal characters in history because his Supreme Court rulings developed new standards involving national supremacy over state’s rights, the roles of the Supreme Court and Congress, and the Constitutional roots
In a previous Inquisitr article, I wrote about the Twitter firestorm that erupted concerning the All Lives Matter movement after the incident in which a gunman shot and killed five police officers in Dallas, Texas, last Thursday. It angered many people and the question was raised as to why the All Lives Matter movement is so offensive right now. I decided to write another article to try to explain why the ALM movement is wrong at this time. In another day and time, the movement would be something we could all aspire to, but many don’t understand the reason why Black Lives Matter more right now. It is not to condemn other races, or say that any other lives don’t matter, but the BLM movement was born out of prejudice against people of color.
The following piece of work will discuss racism within the criminal justice system by viewing the Black Lives Matter movement, the roles of law enforcement and how that effects citizens, and potential solutions to the problems in the system. Within our criminal justice system, it is evident that there is a problem by the ratio of blacks in prison, and the number of police brutality cases in the country.
Black Lives Matter (BLM) is a loosely‐coordinated, nationwide movement dedicated to ending police brutality that rose to prominence in late 2014. It takes its name from a hashtag started by three Black feminist activists Patrisse Cullors, Alicia Garza, and Opal Tometi but the movement and the hashtag are not identical (Freelon, McIlwain, & Clark, 2016). BLM has achieved national reputation through their online and offline organizing, obtaining extensive news media coverage and glowing references in music and entertainment television. Based on a horrendous incident that sparked a concern for a lot of Black people across the world, the sudden need for a social movement was born called BLM. Black Lives Matter is a national organization working for the validity of Black life and also working to rebuild the Black liberation movement. Black Lives Matter broadens the conversation and highlight the incidents around state violence to include the ways in which Black people are intentionally left powerless at the hands of the state. This referring to the ways in which Black lives are deprived of basic human rights and dignity. According to the article The Murder of Walter Scott, which talks about race and class, “African Americans are less than 13% of the U.S. population yet they are nearly 50% of those killed by the police. North Charleston has a population of 104,000, 47% Black and the police force is 80% white (Miah, 2015)”.
A necessary and common fight for equality has been one that has survived throughout all of man’s existence. Due to recent racial divide and the product of racial profiling, a movement has risen up to combat these common issues. The most recent and most well-covered is the Black Lives Matter Movement. Even though it has been lauded by some media sources and individuals as the next great movement to champion for civil rights, the Black Lives Matter movement is not the same as the African-American Civil Rights Movement of the 1960s nor is it likely to be as successful. If the Black Lives Matter Movement continues with discrepancies in ideology, lack of clear leadership, and trends of hate, the movement is doomed to fail.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
“Black Lives Matter” —an intended progression in society without a hierarchy, merely marching forward by spur of the people. Started by three sisters who continue to keep the organization a chapter-based, left wing social justice operation, it can best be described as “Not a moment, but a movement” by those that follow it. The case that began this outcry involved a man —George Zimmerman— whom, according to Lizette Alvarez and Cara Buckley (2013), “was found not guilty [of] second-degree murder [and] was also acquitted of manslaughter, a lesser charge.” (para. 1). Since its initial start in 2013, the movement follows and protests against police brutality and civil injustice towards individuals of the Black minority; however, this is a prime example of hate breeding hate as the movement, has opened a new floodgate full of antipathy aimed towards the White-community and Law Enforcement Officials. In short, the initial idea of “Black Lives Matter” —which is to bring civil justice to the Black-community— is a good concept, but the execution by its adherents are, ironically, bigoted; the movement needs to either evolve its state of thought or disperse before it further segregates America.
The Black Lives Matter movement has swept across America. It 's branched out with chapters in over 31 cities and held rallies and boycotts across the United States(Sidner). The Black Lives Matter movement started with the outrage of the death of a young man. It continues to take over headlines and raise awareness on police brutality and inequality. However, the movement has met resistance from the All Lives Matter group. This group thinks that Black Lives Matter is a movement to express hatred towards other races. However, statistics, the views of fellow citizens, and the overall purpose of the Black Lives Matter movement, can prove that the movement wasn 't meant to express hate on other races and that we need to support the movement instead of going against it.
In 2013, a movement called Black Lives Matters was started after George Zimerman was found not guilty of the murder of Trayvon Martin. Many Americans complain again the injustice and rallied together to form the Black lives matter movement. The Black lives matter movement though has many issues within their movement, but the main issue is that the people of the movement are segregating themselves from other races whenever they say the words “black lives matter”. That’s why the phrase “All lives matter” has come about. The term “All Lives matter” is stating that people of this movement care about all people instead of just one color, that the movement does not support the supremacy of a race & Radical Organization, and show that the police force is not discriminative towards any one race.