United States v. Windsor and the Crisis in Equal Protection Jurisprudence

2013 ◽  
Author(s):  
Susannah William Pollvogt
Keyword(s):  
United States ◽  
Equal Protection

Plessy’s Long Shadow

2004 ◽  
Author(s):  
Derrick Bell
Keyword(s):  
United States ◽  
Civil Rights ◽  
Due Process ◽  
The United States ◽  
Fourteenth Amendment ◽  
Equal Protection ◽  
Political Equality ◽  
Race Riots ◽  
Black And White ◽  
The Law

The supreme court’s 1896 Decision in Plessy v. Ferguson served to bring the law into a dismal harmony with the nation’s view of race in life. The Court decided that segregation in public facilities through “separate but equal” accommodations for black citizens would satisfy the equal protection clause in the Fourteenth Amendment. The years since the sporadically enforced policies of Reconstruction ended in 1876 had been hard for those former slaves and their offspring whose slavery had legally ended with the passage of the Thir­teenth Amendment in 1865. To ensure their rights to due process and the equal protection of the law, the Fourteenth Amendment in 1868 provided that “all persons born or naturalized in the United States, . . . are citizens of the United States and of the State wherein they reside.” Despite legislation intended to provide enforcement of these rights, the laws were poorly enforced and most were subsequently declared unconstitutional. Corrupting law but relying on intimidation and violence, southern governments stripped blacks of political power. Given meaningful if unspoken assurances that the federal government would not protect black civil rights, conservative southerners regained power utilizing racial fear and hatred to break up competing populist groups of poor black and white farmers. In addition to the disenfranchisement of blacks, whites sought to secure their power through intensive anti-Negro propaganda campaigns championing white supremacy. Literary and scientific leaders published tracts and books intended to “prove” the inhumanity of the Negro. In this hostile climate, segregation laws that had made a brief appearance during Reconstruction were revived across the South, accompanied by waves of violence punctuated by an increase in lynchings and race riots. In an effort both to protest the indignity of segregation and challenge its validity, Homer Plessy, acting for a New Orleans civil rights group, attempted to ride in a railroad car reserved for whites. He was arrested and convicted of violating Louisiana’s 1890 segregation law. On appeal, the Supreme Court acknowledged that the Fourteenth Amendment required absolute equality of the two races before the law, adding: “but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.”

Civil Liberties

2013 ◽  
Author(s):  
Theodore J. Stein
Keyword(s):  
United States ◽  
South Africa ◽  
Great Britain ◽  
Civil Rights ◽  
Civil Liberties ◽  
The United States ◽  
Equal Protection ◽  
Proactive Role

Civil liberties refer to certain freedoms granted to all citizens. They have been established as bills of rights in the constitutions of such countries as the United States, India, South Africa, and Great Britain. Civil rights differ from civil liberties in that the former are expressed in statutes enacted by legislative bodies. Civil liberties limit the state's power to interfere in the lives of its citizens, whereas civil rights take a more proactive role to ensure that all citizens have equal protection. Civil liberties are most endangered during national emergencies when governments infringe on individual liberties to safeguard the nation.

The Ramifications of United States v. Falk on Equal Protection from Prosecutorial Discrimination

1974 ◽  
Vol 65 (1) ◽  
pp. 62 ◽  
Author(s):  
Scott R. Lassar ◽  
Gregory W. Hummel ◽  
Mary Helen Robertson
Keyword(s):  
United States ◽  
Equal Protection
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