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Sandford And Plessy V. Ferguson Case Analysis

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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 …show more content…

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

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