Legal Background of Civil Legal Background of Civil RightsRights

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Civil War AmendmentsCivil War Amendments1313thth Amendment (1865) Amendment (1865)

outlawed slaveryoutlawed slavery1414thth Amendment (1868) Amendment (1868)

Defined citizenshipDefined citizenshipRightsRightsEqual Protection ClauseEqual Protection Clause

1515thth Amendment (1870) Amendment (1870) suffrage for black malessuffrage for black males

Equal Protection ClauseEqual Protection Clause1414thth Amendment of the Constitution Amendment of the Constitution

(1868)(1868) ““no state shall make or enforce no state shall make or enforce

any law which shall [...] deprive any law which shall [...] deprive any person of life, liberty, or any person of life, liberty, or property, [...] nor deny to any property, [...] nor deny to any person within its jurisdiction the person within its jurisdiction the equal protection of the laws.”equal protection of the laws.”Everyone is equal under the lawEveryone is equal under the law

Jim Crow LawsJim Crow Laws

Throughout the late 1800’s, nearly Throughout the late 1800’s, nearly ½ of states passed segregation ½ of states passed segregation lawslaws Separated people based on raceSeparated people based on race

Jim Crow LawsJim Crow Laws

Throughout the late 1800’s, nearly Throughout the late 1800’s, nearly ½ of states passed segregation ½ of states passed segregation lawslaws Separated people based on raceSeparated people based on race

Schools, parks, playgrounds, Schools, parks, playgrounds, hotels, restaurants & water hotels, restaurants & water fountainsfountains

Jim Crow LawsJim Crow Laws

Throughout the late 1800’s, nearly Throughout the late 1800’s, nearly ½ of states passed racial ½ of states passed racial segregation lawssegregation laws Separated people based on raceSeparated people based on race

Schools, parks, playgrounds, Schools, parks, playgrounds, hotels, restaurants & water hotels, restaurants & water fountainsfountains

Jim Crow laws were made illegal Jim Crow laws were made illegal after passage of Civil Rights Act of after passage of Civil Rights Act of 19641964

Plessy v. Ferguson (1896)Plessy v. Ferguson (1896)

Did a Louisiana law providing for Did a Louisiana law providing for separate railway cars for whites & separate railway cars for whites & blacks violate the equal protection blacks violate the equal protection clause of Constitutionclause of Constitution

Court ruled that segregation was Court ruled that segregation was permitted if facilities were equalpermitted if facilities were equal "separate but equal" "separate but equal" Constitutional basis for Jim Crow Constitutional basis for Jim Crow

lawslaws

OpinionsOpinionsThe object of the [Fourteenth] amendment was The object of the [Fourteenth] amendment was undoubtedly to enforce the absolute equality of undoubtedly to enforce the absolute equality of the two races before the law, but in the nature the two races before the law, but in the nature of things it could not have been intended to of things it could not have been intended to abolish distinctions based upon color, or to abolish distinctions based upon color, or to enforce social, as distinguished from political, enforce social, as distinguished from political, equality. . . . If one race be inferior to the other equality. . . . If one race be inferior to the other socially, the Constitution of the United States socially, the Constitution of the United States cannot put them upon the same plane. cannot put them upon the same plane.

— — Justice Henry Billings Brown, majority opinionJustice Henry Billings Brown, majority opinion

Our Constitution is color-blind, and neither Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.knows nor tolerates classes among citizens.

— — Justice John Marshall Harlan, dissentingJustice John Marshall Harlan, dissenting

Brown v. Board of EducationBrown v. Board of Education (1954)(1954)

Brown v. Board of EducationBrown v. Board of EducationFive cases combined questioning Five cases combined questioning whether segregation deprived students whether segregation deprived students of equal protection under the lawof equal protection under the law

Brown v. Board of EducationBrown v. Board of EducationFive cases combined questioning whether Five cases combined questioning whether segregation deprived students of equal segregation deprived students of equal protection under the lawprotection under the lawCourt ruled “separate but equal” was un-Court ruled “separate but equal” was un-ConstitutionalConstitutionalAll schools must desegregate at "deliberate All schools must desegregate at "deliberate speed”speed”

We conclude that in the field of public education We conclude that in the field of public education the doctrine of “separate but equal” has no place. the doctrine of “separate but equal” has no place. Separate educational facilities are inherently Separate educational facilities are inherently unequal. unequal. — — Chief Justice Earl Warren, for a unanimous CourtChief Justice Earl Warren, for a unanimous Court

Thurgood Thurgood MarshallMarshall

Little Rock Nine Little Rock Nine (1957)(1957)

Massive ResistanceMassive Resistance1956 – VA General Assembly gave the 1956 – VA General Assembly gave the

Governor the power to withdraw Governor the power to withdraw funding & close schools that funding & close schools that attempted to comply with Brownattempted to comply with Brown Schools closed throughout the Schools closed throughout the

StateStateVA Supreme Court rejected planVA Supreme Court rejected plan

Prince Edward County schools Prince Edward County schools closed in 1959 for 5 yearsclosed in 1959 for 5 years

Massive ResistanceMassive Resistance1956: VA General Assembly gave the 1956: VA General Assembly gave the

Governor the power to withdraw Governor the power to withdraw funding & close schools that funding & close schools that attempted to comply with Brownattempted to comply with Brown Schools closed throughout the Schools closed throughout the

StateState VA Supreme Court rejected planVA Supreme Court rejected plan

Prince Edward County schools Prince Edward County schools closed in 1959 for 4 school yearsclosed in 1959 for 4 school years

1959: Stratford Jr HS became the first 1959: Stratford Jr HS became the first school in VA to integrateschool in VA to integrate

Fort Myer, VAFort Myer, VA