Upload
clive
View
41
Download
1
Tags:
Embed Size (px)
DESCRIPTION
Michigan Supreme Court. Territorial Times to the 1950s: Decisions Affecting African Americans. Territorial Cases. Judge Woodward:1807. Denison v Tucker: slaves returned to Tucker who was deemed to be lawful master of the Denison’s - PowerPoint PPT Presentation
Citation preview
Michigan Supreme Court
Territorial Times to the 1950s: Decisions Affecting African
Americans
Territorial Cases
Judge Woodward:1807
• Denison v Tucker: slaves returned to Tucker who was deemed to be lawful master of the Denison’s
• In Matter of Richard Pattinson: Woodward decided not to return fugitive slaves
• Two cases demonstrate conflict between what was viewed as the immorality of slavery and an obligation to and interpretation of the laws
Voting • Gordon v Farrar: Supreme Court found that
voting was exclusive to white males, 1844• People v Dean: Justices Campbell, Cooley
and Christiancy defined white as “less than ¼ African blood”
• Hedgeman v Board of Registration: Court held that free blacks were not citizens
Education• Workman v Detroit Board of Education,
1869• “Separate but Equal” Doctrine dismissed• Public school admission based on race ruled
illegal• 1871: William W. Ferguson first African
American admitted to Detroit Public School system
• Legal victory without practical application, schools continued to be segregated
Public Accommodations
• Day v Owen, 1858• Ferguson v Gies, 1890• Bolden v Grand Rapids Operating Corp,
1927
Day v Owen, 1858
• Denied passage on a steamer from Detroit to Toledo
• Sued for damages• Court ruled that
ultimately the defendant had the right to decide where a customer could ride on his steamer
Ferguson v Gies, 1890• Came after Civil Rights
legislation, Act 130• Counteracted ideology
of Day v Owen• “In Michigan, there must
be absolute, unconditional equality of White and Colored before the Law”-Justice Morse
• Prominent African American representation
Justice Morse
Bolden v Grand Rapids Operating Corp, 1927
• Gave African Americans right to sue for damages if discriminated against
• Michigan’s Civil Rights Statute was found to be constitutional exercise of the state’s police powers
William W. Ferguson
• Prominent Detroit business owner of a printing company
• Became a lawyer in 1897
• First African American elected to Michigan Legislature
D. Augustus Straker
• African-American lawyer from the Bahamas, represented Ferguson
• One of the first minorities to argue before the Michigan Supreme Court
• Included in 1900 time capsule that was recently opened
Restrictive Covenants
• Most commonly, refusing housing based on racial restrictions
• Parmalee v Morris,1922: upheld racially restrictive covenants
• Sipes v McGhee, 1947: Led to a U.S. Supreme Court ruling that states could not enforce racially restrictive covenants
Ramifications
• The Michigan Supreme Court promoted change and maintained the status quo, and positive or negative the Court has an undeniable impact on our lives.
• The cases chosen represent medley of the Court’s work
• Historically, the Court reflected the conservative beliefs of Midwestern Michigan society
Cases and Controversies:
Issues involving the Indigenous People of Michigan
19th Century Treaties• Seven treaties signed• “Each of the treaties
had a specific purpose related to…establishing the state”
• United States v Michigan found that treaties must be viewed in a manner most favorable for Native Americans
Tribal Sovereignty• “Inherent right of
the tribe to govern itself”
• One example would be the existence of a separate, independent tribal judicial system
• Concept repeatedly upheld by the U.S. Supreme Court
• Tribal Sovereignty allows tribes to retain a host of rights including fishing, hunting, gaming, and higher education tuition waivers
Hunting and Fishing Rights
• Controversy over rights retained by various tribes in the numerous treaties signed between 1836 and 1855
• People v Chosa, 1930• People v Jondreau, 1971
1970s• DNR bans gill nets in
the early 70s, limiting the most commonly practiced method of fishing utilized by Native Americans
• People v LeBlanc deals with license requirements and the rights of the state to prohibit gill nets
• United States v State of Michigan
• Considered by some to be the “most far-reaching Indian rights decision”
• The decision by Judge Noel Fox confirmed that treaty rights took precedence over the state’s ability to regulate fishing
Gill Nets
Consent Agreement
• An attempt to find compromise between fishing use for tribal, non-tribal commercial, and sport fishers
• The Consent Agreement of 1985 aimed for “accommodation of Indian rights, protection of fishery, and cessation of Indian-white hostilities”
• The Agreement was renewed in 2000, and for the most part has been considered a success
Gambling
• IGRA: Indian Gaming Regulatory Act•Act of Congress passed in 1988•Specific guidelines to regulate gambling nationally
•Forced states to enter into good faith negotiations with tribes
Native American Casinos in Michigan
Negotiations
• Slot Machines• Stalled negotiations
in Michigan for almost four years
• Primages v Liquor Control Commission confirmed that electronic games of chance are legal in Michigan
• Compact negotiations concluded on August 30, 1993
• Native-American casinos agreed to pay 8% tax on “Net Win”
Detroit Casinos• Governor Engler has
refused off-site casinos for Native Americans
• On the fourth attempt, a proposal to allow three private casinos was passed in the city of Detroit
• New casinos were allowed to operate slot machines
• Sault Ste. Marie Tribe of Chippewa Indians v Engler, in 1998
• Revolved around the issue of net win and if Native-American casinos are still accountable to pay, which they were found to be
Conclusion
• There are many additional controversies that involve the interactions between Native Americans and non-Indian people in the state of Michigan
• Cases involving tribal sovereignty, fishing rights, and gambling are intended to represent the most prevalent issues for the majority of Michiganders