African-Americans and the Law Please answer each of the following three question
African-Americans and the Law
Please answer each of the following three questions. Each answer should be two pages max, typed, double-spaced, 12-point font. You can use any of the assigned readings or movies we watched in class. No other outside sources (you can use actual cases such as Plessy v. Ferguson, etc.)
Our Supreme Court recognized, early on, that, although some Africans had been enslaved by Europeans and American colonists, non-enslaved Africans were among the free peoples of the world. This explicit recognition of free Africans as free people occurred in 1841 in the Amistad case. In 1857, however, when asked to determine the status of free Africans in the American community, the Supreme Court noted that our Founding Fathers never contemplated that free Africans would constitute a part of the body politic. The high court said, in dicta, that free Africans in American society had always been regarded as an inferior order of beings and had no rights that a white man was bound to respect. Thus, the Court plainly established the young United States as a racist society.[i]
After the Civil War, it was necessary to amend the Constitution: to free the slaves, to adopt the Civil War Amendments to confer citizenship on them, and to guarantee them equal protection of the law and the most basic indicia of citizenship to them.
We have examined legal histories of racial subordination in the legal system and critiqued cases and statutes about discrimination and racial inequality from 1619 when the first slave ship landed in America through the Civil Rights Movement of the 1950s-1960s. The United States Supreme Court, lower federal courts, Congress, and state legislatures played a significant role in issues revolving around white supremacy, racial segregation, civil rights, and equality under law for African Americans.
Discuss white supremacy and the attitude of the judiciary (the courts), Congress, and state legislators in the South about white supremacy and civil rights and equality for African Americans from the Colonial period up to and including Plessy vs Ferguson (Plessy), which established de jure segregation as the law of the land.
Use the facts and issues in cases of your choice to discuss the development of the law, and effort to overturn Plessy and end de jure (legal) racial segregation in education, transportation, lunch counters and restaurants, and public accommodations and to guarantee civil rights and equal justice for African Americans. This answer should discuss the cases leading up to Brown I and Brown II.
For your final answer, please discuss Brown I and II and the fallout of those cases. You should discuss why Brown by itself wasn’t enough to end segregation in America. Discuss the resistance to Brown in the South. Make sure you also discuss Constance Baker Motley’s cases and her role in desegregating places of public accommodation and higher education.