Separate but Equal?

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Mrrx

Humanities

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Objective: Students will examine various Civil Rights cases and evaluate how the interpretation of the 14th Amendment effected the outcome of the case.

Throughout the Civil Rights Movement the rights granted by the 14th Amendment were continually challenged within the southern territories of the United States. Using the sources provided in this module and under the Course Resources, focus on the issue of "separate but equal" and select a court case that reflects the changing interpretation of the 14th Amendment and how: based on the time period, state, context of the case, and outcome- prepare the following information:

Starting with the Constitutional language of the 14th Amendment, go to Cornell University Law school and read the 14th Amendment in its entirety: http://www.law.cornell.edu/constitution/amendmentxiv

Then look over:http://www.civilrights.org/judiciary/supreme-court/key-cases.html

1st Post: Select a case and post a summary to include the information/focus from the objective.

  • Include the title in your subject line and attempt to provide a variety of cases for the class to choose from.

2nd & 3rd Post: Read though your fellow classmates posts and select two cases (other then your own) to compare/contrast based on the time period, state, context of the case, and outcome. Don't forget to support your analysis with quoted material from primary/secondary sources.

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1st post The Supreme Court case below reflects the advancement of ideology concerning discrimination for other than between black and white persons and to include any group singled out concerning discrimination. The exclusion of this class deprived the member class of equal protection of the laws guaranteed by the Fourteenth Amendment of the Constitution. Also it has been recognized since Strauder v. West Virginia, 100 U.S. 300, that the exclusion of a class of persons from jury service on grounds other than race or color may also deprive a defendant who is a member of that class of the constitutional guarantee of equal protection of the law(1). 1954: In Hernandez v. Texas, the Supreme Court held that equal protection under the Fourteenth Amendment extends beyond a “two-class theory” of differences between black and white individuals, but includes protections for any individual who is a member of a group singled out for discriminatory treatment, regardless of national origin or descent. 2nd post 1958 Cooper v Aaron “As this case reaches us, it raises questions of the highest importance to the maintenance of our federal system of government. It necessarily involves a claim by the Governor and Legislature of a State that there is no duty on state officials to obey federal court orders resting on this Court's considered interpretation of the United States Constitution. Specifically, it involves actions by the Governor and Legislature of Arkansas upon the premise that they are not bound by our holding in Brown v. Board of Education, 347 U. S. 483. That holding was that the Fourteenth Amendment forbids States to use their governmental powers to bar children on racial grounds from attending schools where there is state participation through any arrangement, management, funds or property. We are urged to uphold a suspension of the Little Rock School Board's plan to do away with segregated public schools in Little Rock until state laws and efforts to upset and nullify our holding in Brown v. Board of Education have been further challenged and tested in the courts. We reject these contentions....”[2] This case came after Brown v. Board of Education (1954) and the 1955 follow-up that directed all courts to monitor the states’ compliance with the Brown decision to desegregate public schools. When the states were ordered to integrate their schools Arkansas developed a court approved plan to integrate its segregated school system[1]. Around the same time the Arkansas Governor and legislature had passed new state laws and constitutional amendments outlawing those very actions. The Little Rock school board and the state clashed when the Arkansas National Guard, under the direction of Arkansas Governor, prevented a group of nine African American students from enrolling at a Little Rock high school pursuant to the school board’s integration plan[1].
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Anonymous
I was having a hard time with this subject, and this was a great help.

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