From its early beginnings till present day, race and race matters (West, 1994) have been and continue to be a powerful variable in this country. Interestingly, one venue where race issues have been addressed and fought over has been this country’s judicial system. In fact, for close to two hundred years, it could be argued that the courts facilitated and sustained the marginalization of non-whites in this country. Two prominent 19th century court cases that set the foundation for said marginalization were the Dred Scott v Sandford and Plessy v Ferguson cases, both highlighting this country’s de jure segregation laws. Indeed, sociologist Joe Feagin, in his influential book, Racist America, writes, “Every part of the life cycle, and most aspects of one’s life, are shaped by the racism that is integral to the foundation and continuing operation of the United States” (2014, p. x). In other words, living in this country means that you are racialize, because it has been the lifeblood of this country.
Yet, I recognize three important events that occurred during the 20th century that proved critical for marginalized groups. First, came the landmark, 1954 Supreme
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According to Crenshaw and her colleagues (1996), “…our dissatisfaction with CLS stemmed from its failure to come to terms with the particularity of race, and with the specifically race character of ‘social interests’ in the racialized interest” (p. xxvi). Moreover, another legal scholar, Harlon L. Dalton (1996), argues, “We are not unmindful of fact that there are, within the CLS literature and in practice as well, instances of concern for the needs of people of color, albeit usually without recourse to our own ‘take’ on those needs” (p. 82). In short, the lack of prominence of race and inclusion of “voices” from people of color in CLS led to the third and present important movement—Critical Race Theory
The election of Barack Obama as the 56th president of the United States raised many hopes that the “Black struggles” was finally over. For conservatives, Obama victory reassured their beliefs that there was no longer such thing as racism and that every American had equal rights and opportunity to pursue the American dream. While many people have come to believe that all races have equal rights in America, Tim Wise argues in his documentary “White Like Me” that not only does racism and unconscious racial bias still exist, but that also White Americans are unable to simply relate to the variety of forms racism and inequality Blacks experience. This is mainly because of the privileges they get as the “default.” While Wise explores the variety forms of racism and inequality today such as unconscious racism, Black poverty, unemployment, inadequate education system, and prison system, the articles by the New York Times Editorial Board, the Human Rights Watch (HRW), and Adam Liptak further explore some the disparities in the criminal justice system. Ana Swanson points out in her article, “The Stubborn Persistence of Black-White Inequality, 50 Years after Selma” that while the “U.S. has made big strides towards equal rights,” significant gaps still remains between the two races. With the Supreme Court striking down a “portion of the Voting Rights Act that stopped discriminatory voting laws from going into effect in areas of the country with histories of disenfranchisement,” civil
Despite changes in the landscape for treatment of ethnic minorities in the United States over the past 200 years, issues with racism has never stopped being an issue and continues to tarnish and tatter the very fabric of our nation. There has been a history of violence against Black people that dates back 400 years, to a time when the first slave was forcefully brought here to the USA (Rogers, 2015). From that time on, people of African descent have been dehumanized and treated as second-class citizens and this has become an ongoing community issue (Diversi, 2016). Racial classification was created as a way to condone slavery and maintain the primacy of the white race (Tolliver, Hadden, Snowden, & Manning, 2016). Aymer (2016) explains that the Critical Race Theory (CRT) provides a way to understand that the violence that Blacks face in America originates from the societal belief in White superiority and, when trying to understand the Black reality, centuries of racial oppression must be discussed (Aymer, 2016). CRT acknowledges that racism is primarily a problem in America and has contributed to the social disparities in the U.S. In addition, it notes other forms of oppression that are important to discuss and work through. CRT does not believe in the legal rhetoric that there is an impartial, equal way of dealing with individuals in the community that has nothing to do with color and everything to do with achievement and hard work. It also takes on an interdisciplinary
Plessy v. Ferguson, 163 US 537 (1896) was a case in which Homer Plessy (1862-1925) challenged the Supreme Court. Plessy was an African American who had sat in the whites only car on a train. When he was told to go to the Jim Crow car he refused, which broke one of Louisiana's laws, the Separate Car Act. John H. Ferguson (1838-1915) was the judge of the Criminal Court of New Orleans. The defendant was trying to uphold the law that was being backed by the Thirteenth and Fourteenth Amendment. Ferguson was an American Louisiana judge/lawyer who served in a lot of cases, but Plessy v. Ferguson was his most well known case.
The United States, even though considered the land of freedom, has been struggling with lingering racism and discrimination throughout the 19th and 20th century. Democratic reform throughout the century were implanted to eliminate the “tyranny of the white majority” Yet many scholars like Tocqueville, Fredrick Harris and WEB DuBois have challenged these results. The reality is that the tyranny of white majority has continued throughout the 18th to the 21st century resulting in a society that has suppressed and constantly failed to integrate African American into the white society by neglecting the race, using natural prejudice, race neutral policies, and laws that benefited whites more than African Americans.
After Reconstruction, African-American rights gained during that period withered, as many states did not enforce the laws enacted to guarantee their rights. If they happened to live in the South, their rights were as good as gone. Not only did those states not impose the laws, they circumvented it and created a new system of oppression for Blacks and other colored people. Moreover, the infamous ruling in Plessy v. Ferguson (1896) made racial segregation legal in public accommodations. The fight for equal education for students regardless of their race was a long battle and it extended into the Deep South state of Texas. Sweatt v. Painter was among a number of important legal cases that occurred during the twentieth century, in which African-Americans
The Plessy v. Ferguson case set an important precedent in the history of the united states. While the conclusion of the case itself remains that all public facilities are to remain segregated it gave way, as a trigger for many important developments we have today to occur. Not only did the case set a precedent for future cases, but it also legitimized the principles of Jim Crow. By legitimizing a principle of thought and social standard through politics, the principle now becomes even more arrogant as it is enforceable by further statutes and legislature and makes even more difficult for the issue to be amended. Though further decisions were made to advance the society of the United States, the mentality of our society was not corrected but
The United States prides itself on the fairness of its criminal justice system, a system that promises to protect the lives, liberties, and property of all citizens. As the threat of being a victim of a crime applies to all citizens of the United States, most Americans would agree that wrongdoers must be punished in order to maintain a safe and civil society. However, as demonstrated in Michelle Alexander’s book The New Jim Crow and Spike Lee’s film Do The Right Thing, the United States’ criminal justice system is a modern form of racial control. Although criminal laws are textually and facially impartial in regards to race, they are implemented in a way that is biased and discriminatory towards African Americans. Using Michael
This essay will discuss Plessy vs. Ferguson, which was a case within the Unites States Supreme Court in which the constitutionality of the segregation laws of the South in public facilities was called into question.
During the 19th century there were laws that legalized segregation and limited the rights of innocent blacks. Segregation and discrimination was happening everywhere, schools, work, public places, and blacks weren’t allowed where the whites were able to be. Taxes were required for people to vote and so were literacy tests for people to be tested to see whether they were able to vote or not. If your ancestors voted before you did then you are eligible to vote but, if not then you were not eligible to vote before 1867. Court cases determined the outcome of laws and segregation laws.
1. Critical Race Theory sprang up in the mid 1970’s with the work of Derrick Bell and Alan Freeman who were deeply distressed over the slow pace of racial reform in the United States in the midst of civil rights legislation. Critical race theory evolved in the mid-1970’s as a response to Critical legal studies. Law must focus on how it is applied to specific groups in particular circumstances. Exposes contradictions in law and illustrates the ways that laws create and maintain the hierarchical society in which we live.
All throughout American History and even in today, numerous minorities have succumbed to brutal separation and imbalance. African Americans were one of such minorities that extraordinarily experienced the consequences of being dominated by white supremacy. After the finish of the Civil War and the Reconstruction time frame tailing it, many individuals, particularly the Southern whites, were to a great degree against African Americans getting equivalent rights in the American culture. Because of this, these adversaries made every effort to constrain and even completely strip African Americans of their rights. A great example of this imbalance is the Plessy vs Ferguson case which took place in 1896, where Homer Plessy a 30 year old shoe maker
The act of inequality unfolds further in the late 19th century in various parts of United States towards individuals of color, explained in the supreme court case Plessy v. Ferguson, to Wells-Barnett's "A Red Record" in 1895 and 1896. The separation between whites and African Americans emerge into the end of the reconstruction era and a period of social segregation arises. Supreme court case Plessy v. Ferguson addresses the separation of "railway carriages for the white and colored races". (TAN 24) In this case, the court discloses Ferguson's decision of not violating the 13th and 14th amendment, supporting the idea of "separate but equal". Furthermore, the result of Plessy v Ferguson gave states more of a reason to further the act of racial
Prior to the 1960s Civil Rights Acts, it was an unfortunate matter to be a black U.S. citizen living in the South. They were not allowed to vote nor were they free to sit on the front-row seats of a state bus. On the other hand, these liberties were given to the white community, forcing an inequality gap between the two races. This gap eventually led the two racial groups to be separated at every possible public location, such as schools, restaurants, and beaches. Such an act was enforced by the Jim Crow Laws and supported by the 1896 Plessy v. Ferguson case, which the Supreme Court stated their “separate but equal” doctrine. The Ku Klux Klan and white community also made it their duty to enforce the laws; at the same time, they conducted
thought that racism still seems to be very prevalent in the united states justice system.Despite the
In the Plessy vs Ferguson case, Plessy wanted to be able to have the same opportunities as the white folks do, no matter his ethnicity. Plessy is white and 1/8ths black. He felt that since he’s majority white he would be able to sit in the same transportation as other white people. He was forced to get up from his seat, but he refused. The Supreme Court saw it as “separate, but equal” and Plessy lost. Segregation started to spread throughout the U.S.