In 1857 the court case of Dread Scott v. Stanford and in 1896 the case Plessy v. Ferguson were introduced into the Supreme Court. They showed people of color were not considered to be anything other than property; the whole majority had no regard for the feelings of another person. The notion of slavery was just coming to light in the United States. As time grew on, the slaves and former slaves were rightly becoming increasingly outraged. Through evaluating language of exclusion throughout both Dread Scott v. Stanford and Plessy v. Ferguson concurrently, anyone can recognize the effects of dehumanization negatively impacting members of the black community. This is disconcerting because African Americans are human beings and should be treated as such. The case of Dread Scott v. Stanford harshly administered both exclusionary and dehumanizing language. In this case, the …show more content…
Stanford case employs language of entitlement, so does Plessy v. Ferguson. According to the author, a “mulatto” man, Plessy, was determined to sit in the “white” coach. He appealed to the Supreme Court only after being convicted; the Court did not rule in his favor (Mayhew, Rothenburg, 2013). The plaintiff states, “Upon the other hand, if he be a colored man and be assigned so [a colored coach], he has been deprived of no property, since he is not lawfully entitled to the reputation of a colored man,” (Mayhew, Rothenburg, 2013, p. 549). This encompasses language of entitlement through the mindset of the Caucasian male. Their mindset suggests that they were dubbed as superior. Anything other than a “white” man was property. As a result, members of the “black” community were denoted as a purchase rather than a living being. The owners of their slaves had no regard to how anyone else felt; shown by how they dehumanized African Americans. They make the argument that property cannot have property, therefore Plessy is not allowed to sit as he
“It is not the province of the court to decide upon the justice or injustice” (Taney, 385). Above the main entrance to the Supreme Court building are the words “Equal Justice Under Law”, does this not mean justice for everyone? Apparently this court did not think that everyone included African-Americans. They duty of the court is, to interpret the instrument they have framed…(Taney, 386). I agree this is the duty of the court but is their interpretation limited to the words on paper or is it a wider scope that envelopes not only the words but the intent of our forefathers.
The two parties in this case are Dred Scott and John Sanford. Scott, a former slave bought by Dr. John Emerson, argued that when him and the Emerson family moved to Illinois, which was a free state, that he became a free man and no longer could be held as a slave to the Emerson family when they moved to the slave state of Missouri. Sanford, Mrs. Emerson’s brother, argued that since he went to Missouri with Mrs. Emerson, and that it was legal in Missouri to hold slaves, that he was still considered to be Mrs. Emerson’s property. Once Dr. Emerson died, Scott and his family sued Mrs. Emerson for false imprisonment, but Mrs. Emerson won the case in a Missouri Circuit court when Scott’s lawyers were unable to prove that Emerson was holding him as a slave. Scott’s lawyers argued for a retrial and it went to the Missouri Supreme Court.
The Dred Scott verses Stanford was a Supreme Court case which recognized African American slaves not as people but as property. Dred Scott was an African American slave in Missouri for many years. Later he moved along with his owner to Illinois, then to the Wisconsin Territory where slavery was not allowed. After they returned to Missouri, Scott’s owner passed away. The owner’s wife took the ownership of Scott.
Since African-Americans migrated to the Unites States, blacks have been treated inferior to whites. Even after the 13th, 14th and 15th amendments were put into effect and the court case Plessy v. Ferguson, which the court ruled out a “separate but equal” regime for blacks, blacks were still treated substandard to whites (“Civil”). African-Americans had long been repudiated civil rights and freedoms that were guaranteed to whites and felt that change was needed, inaugurating the momentum for the Civil Rights Movement. After the Civil War African-Americans were freed from slavery and allowed to live on their own, even though whites still treated blacks as unequal (“Patterson”).
As the document “Life and Liberty” said, “but he shall not be free to dine and drink at our table - to serve on a jury - to be a witness in court - to represent us in the legislature - to be a doctor - to join us at a concert, a lecture, the theater, or the church, or to marry our daughters. We are of another race, and he is inferior. Let him know his place - and keep it.” This evidence just shows what a majority of white men from that time period thought of African Americans and where they stand socially. Which can be represented when the Charles Mackay says, “we are of another race, and he is inferior.”
The Brown vs. Board court case is one of the most significant and groundbreaking legal battles in American history. Taking place in the mid-20th century, it tackled the issue of racial segregation in public schools, ultimately leading to the desegregation of educational institutions across the United States. This landmark case challenged the constitutionality of "separate but equal" doctrine established by the Plessy vs. Ferguson decision in 1896. Through a detailed examination of the case, its key arguments, legal proceedings, and ultimate outcome, this article explores the profound impact of Brow vs. Board in shaping educational equality and advancing civil rights.
Before, during, and long after the Civil War blacks were discriminated against in almost every form of life. They had to fight and be patient to be accepted as equals among their white counterparts; this process took form over a long period of time, and after many failures, blacks were truly equal in the eyes of the government. The thirteenth, fourteenth, and fifteenth amendments which were passed in the late 1860’s were supposed to bring political, social, and economic equality for the blacks; however, this was not the case, while in some facets of life blacks obtained more freedoms they had to wait many years after these amendments were passed to be fully equal to whites. The thirteenth amendment abolished slavery in the United States.
For nearly a century, the United States was occupied by the racial segregation of black and white people. The constitutionality of this “separation of humans into racial or other ethnic groups in daily life” had not been decided until a deliberate provocation to the law was made. The goal of this test was to have a mulatto, someone of mixed blood, defy the segregated train car law and raise a dispute on the fairness of being categorized as colored or not. This test went down in history as Plessy v. Ferguson, a planned challenge to the law during a period ruled by Jim Crow laws and the idea of “separate but equal” without equality for African Americans. This challenge forced the Supreme Court to rule on the constitutionality of segregation, and in result of the case, caused the nation to have split opinions of support and
The NAACP applauds the U.S. Supreme Court’s decision today holding that disparate impact claims are cognizable under the federal Fair Housing Act. The Court, by a vote of 5 to 4, reasoned that the dialect of the Fair Housing Act is significantly
he Dred Scott decision of 1857 was a significant decision made by the U.S. Supreme Court that declared that blacks, regardless of whether they were free or a slave, had no legal standing because they were not American citizens. The decision was not the first to be made regarding Dred Scott; a Missouri jury ruled in Scott 's favour when Scott claimed that his residence in Illinois and Wisconsin made him free, but the state supreme court ruled against him, which lead to the case being escalated to the US Supreme Court. The US Supreme Court ruled against Scott 7-2. The Dred Scott decision is considered a landmark decision and is indicative of the tumultuous political climate of the time.
Thus, the decision prevented free blacks from advancing in society. The constitution did not apply to them, which consequently developed a lot of confusion and created problems the future free blacks and slaves in the United States. Last of all, even though free blacks were considered as free men, the court failed to recognize them as citizens. This meant that free blacks still did not receive the rights they deserved. The Dred Scott decision was to define the free black’s status and define what rights they did and did not have, since the constitution did not apply to them.
Reconstruction era, which was followed by post-civil war, was meant to unite the states back together, reconstruct properties, and most importantly, abolish slavery in the South. Although the factors such as amendments legally freed former slaves, yet WRITE THESIS After the end of civil war in 1865, Reconstruction era, which was controlled by President Abraham Lincoln, appeared to quickly coalesce the Northern and Southern states. reconstruction amendments, which were approved between 1865 and 1870, played a huge role on giving legal rights to blacks and former slaves. 13th amendment constitutionally abolished slavery in 1865 and followed up by that, 14th and 15th amendment admitted equal citizenship, protection, and rights of suffrage despite the one’s race or skin color. Former slaves were no longer belongings of their owners.
Ferguson was a court case that arose in Louisiana, and it created a drastically different atmosphere in 1896. This court case gave state laws that required black and white people to use separate facilities. The case came into light when Homer Plessy, an African-American, never moved to the “colored only” section on a train. Plessy was said to have had his Fourteenth Amendment violated because the separated facilities were discriminating; however the Court stated that the separate facilities were separate yet equal. Separate yet equal means that people have the same rights, but are separated by their race, religion, and wealth.
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
The trial of the Scottsboro boys was a trial that was the cause of two white women accusing nine black men of raping them. Their appeals, retrials, and legal proceedings attracted the attention of the nation and produced to Supreme Court rulings in their favor. The Scottsboro boys trial demonstrates that nonconformity to unjust practices can lead to justice for all people because their trial triggered The Supreme Court ruling that had a major impact on the American system of laws for the right to adequate counsel, the ruling for the right to not be excluded from a jury based on race, and still has a continuing effect in our own time which affirms the principle of equal protection under the law. Their case not only saved them from the death sentence but also started up debate about equal protection under the law such as in the first Supreme Court ruling.