1. Civil Rights Movement:
The Legal History

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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”

8. 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