2.1 HOW SIGNIFICANT FOR BLACK AMERICANS WERE THE CIVIL RIGHTS CASES OF 1883 IN THE US SUPREME COURT? Flashcards
What is the role of the US SC
- SC ruled whether laws + actions by politicians were constitutional
What was the ruling of the civil rights cases of 1883
Justices voted 8 to 1 in favour of declaring the CR leg of USA unconstitutional
ONLY Justice John M. Harlan voted against
Why were those 5 cases brought by B.A against the govt institution?
It denied Civil rights
what did the 5 cases deal with
Discrimination in hotels
racial discrimination in theatres
Racial discrimination in railway
A lot of the states that denied rights to B.A were?
Not ex-Confed states
what was the prosecutors argument against the govt?
- -> Denied Cr (1875)
- ->Their CR denied because these acts of racial discrimination contrary to 14A (guaranteed all A equal protection of the law)
- -> Racial Discrimination example of inferior treatment + a badge of servitude = contrary to 13A
What was the Defence argument against B.A
- ->US congress no pwr to tell individuals how they can run their businesses.
- ->Claimed 14A merely banned actions by state govt, not individuals
What was the supreme court decision - OCT 1883 ( 5 cases) and argument?
CR= Unconstitutional supporting Arg = 13A did not give congress pwr to make laws on the issue
= these cases involved individuals act of RD = did not contravene 13A
Breaking 14A? = court declared that it outlawed specific actions by state govs only = right to V, not individual actions of Discrimination
What was Justice John Harlan Argument?
Owned slaves
= CR extented to B.A CR held by YT.A = constitutional
+
14A granted equal protection of the law to all Americans B + YT and that the US congress had the right to pass laws to protect the CR of B.A in areas of life , theatre, railways and hotels
As a result of the decision by supreme court what happened to B.A?
Most gains made by B.A during reconstruction were now open to racial discrimination by individuals and businesses across the USA.
Legalised seg = resulted in the implementation of Jim Crow Laws.
SC did not condemn
What was the reaction of B.A to the court judgement
- Federick Douglass
- Thomas Fortune
- legalising segregation
- Anger
➥ Frederick Douglass spoke to a large gathering D.C it was reported public members turned away = too many
Fed compared CR cases 1883 to decision before CW to force the the prospect of slavery of Kansas + Fugitive slave law 1850 = stood against the principle pf liberty.
➥ Thomas Fortune reported B.A across country discussing US SC decision.
- Declaring deprived B.A of equal accommodation.