Civil rights has been an important issue in American history, dating even before the signing of the Declaration of Independence. In fact, it was one of the primary causes of the American Revolution, as seen with the famous phrase “no taxation without representation.” The Emancipation Proclamation and the Thirteenth Amendment further sparked a heated debate during the Reconstruction Era over the civil protections of free blacks. These disputes led to additional legislation, such as the implementation of the Fourteenth Amendment, to protect these citizens of the United States.
In the late 1800s, the nation was beginning to recover from the Civil War, during which blacks were universally freed from slavery and became citizens of the United States.
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The Civil Rights Act of 1875 stated that all persons subject to the jurisdiction of the United States shall be entitled to the full and equal enjoyment of accommodations and facilities at inns, public conveyances, and other places of amusement. The primary legal issue in the case was whether the Fourteenth Amendment to the Constitution that was ratified in 1868 gave Congress the authority to regulate private transactions such as the practices of innkeepers or firms providing public transportation to prevent discrimination. The Fourteenth Amendment provides that no "state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The plaintiffs bringing the cases before the Court argued that the language of the Fourteenth Amendment applies only to state actions such as state laws or municipal ordinances that impinge on the rights of African-Americans and not to any private commercial transactions. An additional constitutional issue examined by the Court was whether the Civil Rights Act of 1875 violated the Tenth Amendment, which reserves to the states any power not specifically granted to the federal government. Finally, the Court examined whether the legislation was permissible under the Thirteenth Amendment, …show more content…
According to an analysis in the Chicago-Kent Law Review, “[Harlan] protested the Court’s narrow interpretation of the requirements of freedom under the Thirteenth Amendment. Since the institution of slavery rested upon the inequality of those held in bondage, ‘their freedom necessarily involved immunity from, and protection against, all discrimination against them, because of their race, in respect of such civil rights as belong to freemen of other races.’” In other words, Justice Harlan subtly implies that the other justices simply ignored the Thirteenth Amendment entirely, focusing instead on the rights of whites protected under the Fourteenth Amendment. This implication evinces the influence of judicial activism in the Supreme Court’s decision. Civil rights in the United States have definitely changed since the decision of the Civil Rights Cases of 1883. While the Court’s decision shows the overreaching opinion of the people during this time, it is also clear by Justice Harlan’s dissent that the opinions of the people were, even then, changing and progressing, focusing on equal rights for all under
In the wake of the Civil War, the 13th, 14th, and 15th amendments were ratified which abolished slavery and in theory granted people of all races the citizenship rights, equal protection, and suffrage that society owes them. However, that did not stop a wave of backlash policies from passing especially in Southern states that felt their way of life was threatened by the newfound independence of black Americans. These laws served to perpetuate racism and white privilege, and further divide the racist,
Being the only dissenting justice in the case Plessy v. Ferguson Justice Harlan spoke of a constitution that did not see a difference between its citizens. That the constitution provides equality for all, that it is color blind in fact he stated that “Our Constitution is colorblind, and neither knows nor tolerates classes among citizens” . These words would make Justice Harlan a hero in the eyes of many he stood up for those who couldn’t and he stood alone. However, what many people don’t realize is that these words were not simply stated by a Supreme Court Justice. But by a Supreme Court Justice who was a former slaveholder, who at one point did not recognize nor respect the Emancipation Proclamation and a judge who also refused to recognize or the Thirteenth
Abraham Lincoln’s Emancipation Proclamation, and the passing of the Thirteenth Amendment of the United States Constitution were historical milestones in which the ever controversial topic of racial equality was first challenged. In theory, these two movements laid the groundwork for a racially equal United States of America. A country in which every member, regardless of skin color, or race were to be treated equally under the eyes of the law and to one day be treated as equals within all realms of society. As historic and powerful as these movements were, they did
The Emancipation Proclamation is one of the biggest documents in the history of the United States and its effects lasted years after its implementation. On September 22, 1862, Abraham Lincoln announced a preliminary version of the Emancipation Proclamation (Dudley 166). This preliminary version told the basis of President Lincoln’s plan; all slaves who were living in a seceded and rebelling area of the South would be declared “then, thenceforward, and forever free” as of January 1, 1863 (Dudley 167). Whether or not the document would truly make a change in the nation was something that was disputed among many during the time of its issuing. Frederick Douglass was a widely known runaway slave turned abolitionist, speaker, and writer who promoted
When Confederate states wanted to join the Union after Civil war, they were required to undertake “Civil War” Amendments. The Thirteenth, Fourteenth and Fifteenth Amendments were developed, with each supporting equality within the states. However, these Amendments proved to be insufficient in the provision of equal rights to African American citizens (Medley,2003). In the late 19th Century, laws limiting civil rights of the Blacks swept through state legislatures. Segregation then became a requirement in both Southern and Northern states.
Associate Justice John Marshall Harlan, the lone vote against the ruling, gave the dissenting opinion of the court. Harlan “insisted that the court had ignored the obvious purpose of the Separate Car Act, which was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. Because it presupposed—and was universally understood to presuppose—the inferiority of African Americans, the act imposed a badge of servitude upon them in violation of the Thirteenth Amendment.” (Duignan). He also stated, “The sure guaranty of the peace and security of each race is the clear, distinct, unconditional recognition by our governments, national and state, of every right that inheres in civil freedom, and of the equality before the law of all citizens of the United States, without regard to race. State enactments regulating the enjoyment of civil rights upon the basis of race, and cunningly devised to defeat legitimate results of the war, under the pretense of recognizing equality of rights, can have no other result than to render permanent peace impossible, and to keep alive a conflict of races, the continuance of which must do harm to all concerned” (Quotes from Plessy v. Fergusun). Harlan further explained what the constitution says by stating “Our Constitution is colorblind, and neither knows nor tolerates classes among citizens. In
First of all, the 13th Amendment was the single most important measure of the 19th century because of the immense changes it made to the United States both societally and economically. The emancipation of the slaves helped hasten the end of the American Civil War for the benefit of the Union. Soon after losing the Civil war, the Confederate states in the south were forced to reunite with the Union and surrender their right to the enslavement of African Americans. The enactment of the 13th amendment was the first step to give African American’s equal rights. Without a doubt, African American rights were not the only thing the abolishment of slavery accomplished. The southern reliance on slavery for economic prosperity
The Civil War was fought over the “race problem,” to determine the place of African-Americans in America. The Union won the war and freed the slaves. However, when President Lincoln declared the Emancipation Proclamation, a hopeful promise for freedom from oppression and slavery for African-Americans, he refrained from announcing the decades of hardship that would follow to obtaining the new won “freedom”. Over the course of nearly a century, African-Americans would be deprived and face adversity to their rights. They faced something perhaps worse than slavery; plagued with the threat of being lynched or beat for walking at the wrong place at the wrong time. Despite the addition of the 14th and
During his election campaign and throughout the early years of the Civil War, Lincoln vehemently denied the rumour that he would mount an attack on slavery. At the outbreak of fighting, he pledged to 'restore the Union, but accept slavery where it existed ', with Congress supporting his position via the Crittendon-Johnson Resolutions. However, during 1862 Lincoln was persuaded for a number of reasons that Negro emancipation as a war measure was both essential and sound. Public opinion seemed to be going that way, Negro slaves were helping the Southern war effort, and a string of defeats had left Northern morale low. A new moral boost to the cause might give weary Union soldiers added impetus in the fight. Furthermore, if the Union fought against slavery, Britain and France could not help the other side, since their 'peculiar institution ' was largely abhorred in both European nations. Having eased the American public into the idea, through speeches that hinted at emancipation, Lincoln finally signed the Proclamation on January 1st 1863, releasing all slaves behind rebel lines. Critics argued that the proclamation went little further than the Second Confiscation Act and it conveniently failed to release prisoners behind Union lines. Nevertheless, Henry Adams summed up public reaction to the Proclamation as an 'almost convulsive reaction in our favour '.
The Fifth, Thirteenth, and Fourteenth amendment were implemented to protect American citizens. The declaration says “all men are created equal” (Jacobus, 412), these amendments are in place to protect our rights and keep us safe. The Fifth Amendment states that no person shall “….Be deprived of life, liberty, or property without due process of law….” (Jacobus, 412) However even though we have these laws here to protect us, discrimination plagued our country and did not grant rights to certain groups of minorities because of skin color, race, or religion. Throughout our history there were many instances of this unfairness, for example “Jones v. Alfred H. Mayer Company.” (Jacobus, 412) This case was a huge breakthrough in the fight against segregation, saying that any form of discrimination is a “badge of slavery,” (Jacobus, 412) and therefore violates the Thirteenth Amendment. “The Supreme Court stated that in enforcing the Civil Rights Act of 1866, Congress is empowered under the Thirteenth
The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.
While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, “A free negro of the African race… is not a ‘citizen’ within the meaning of the Constitution of the United States,” and thus, only whites were entitled to constitutional rights. The
According to the thirteenth amendment, “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The purpose of the thirteenth amendment was to end slavery or any form of involuntary servitude everywhere among the United States. There was new hope for African Americans throughout the country but unfortunately their freedom had a limit and coincidentally, President Lincoln was assassinated shortly after. Jim Crow laws were established among the states and local laws enforcing racial segregation in the southern states of the United States up until 1965. This is how white southerners
Although there were more than four million slaves living in the U.S. at this time, the Emancipation Proclamation did not formally free a single one of them. So that presents us with a couple of very interesting questions: first, why did Lincoln issue the proclamation if it had no practical effect? Second, why is the Emancipation Proclamation considered Lincoln's most important legacy if it didn't actually free anyone?
On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.