Civil Rights Movement:

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Presentation transcript:

Civil Rights Movement: The Legal History

Dred Scott v. Sanford (1857) Dred Scott was a slave who moved with his owner to “free” territory Argued that Scott was free as a result of the move Ruling: Scott couldn’t file lawsuit because he was black  not a citizen slaves are property Congress doesn’t have jurisdiction to outlaw slavery in any territory

Emancipation Proclamation (1863) Stated that effective January 1, 1863, all slaves in rebelling states would be free Applied to Confederate states only Difficult to enforce – Confederates didn’t recognize Union laws as valid

Amendments 13 – 15 (1865 – 1870) Amendment 13 – slavery banned in US Amendment 14 – born here = citizen, rights apply to state laws, not just national laws, “equal protection of the law” Amendment 15 – right to vote regardless of race

Plessy v. Ferguson (1896) Separate Car Act passed in Louisiana – segregated races on trains Homer Plessy sat in “white” car and was arrested Claimed his 14th Amendment rights were violated (equal protection) Supreme Court ruled that political equality not violated (he could still ride the train), social equality not part of 14th Amendment Established “separate but equal” doctrine that legalized segregation

Brown v. Board of Education of Topeka (1954) Linda Brown not allowed to attend a white school a few blocks away Her parents sued stating segregated schools violated Amendment 14 (equal protection) Supreme Court agreed with the parents and ruled “separate is unequal”, reversing its Plessy decision Segregated schools ruled unconstitutional

Civil Rights Act of 1964 Banned segregation of public accommodations based on race, religion, or national origin Banned employment discrimination based on race, religion, national origin, or sex Labeled by Martin Luther King, Jr. a “second emancipation”

Loving v. Virginia (1967) Richard and Mildred Loving married in Washington, DC but lived in Virginia where interracial marriage was illegal They were arrested, pleaded guilty, and told not to return to Virginia together The Supreme Court ruled that laws banning interracial marriage violate Amendment 14