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Pages:
4 pages/β‰ˆ1100 words
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3 Sources
Style:
APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
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MS Word
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$ 17.28
Topic:

Civil Rights and the Campaign in the Courts

Case Study Instructions:

Answer All 3 Questions. Must Be Clear and Concise.
a) Discuss Plessy v. Ferguson. What are the details of this case and what doctrine did it establish? Give your thoughts and opinion about this case.
b) The first step in the legal challenges to segregation was accomplished in a series of court cases stretching from 1938 to 1948. Discuss the four steps (The Campaign in the Courts) taken by the NAACP. Discuss the court cases: what were their outcome?
c) Conclude your paper with a summary of Brown v. Board of Education. Discuss how this case ended segregation in public schools. What role did Justice John Marshall Harlan’s dissent in Plessy v. Ferguson play in Thurgood Marshall’s case before the Supreme Court?
The Fourteenth Amendment was both an opportunity and a problem for black activists. Adopted in 1868, it seemed to guarantee equal rights for all: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The major decision that determined the legal status of the Fourteenth Amendment for more than half a century was Plessy v. Ferguson. Louisiana had passed a law requiring blacks and whites to occupy separate cars on railroad trains operating in that state. The NAACP was the main organization that waged that battle against the precedent of Plessy v. Ferguson. Formed in 1909 by a group of whites and blacks in the aftermath of a race riot, the NAACP did many things, including lobbying in Washington and publicizing black grievances.
The steps in that strategy were these: First, persuade the Court to declare unconstitutional laws creating schools that were separate but obviously unequal. Second, persuade it to declare unconstitutional laws supporting schools that were separate but unequal in not-so-obvious ways. Third, persuade it to rule that racially separate schools were inherently unequal and hence unconstitutional.

Case Study Sample Content Preview:

Civil Rights and the Campaign in Courts
Your Name
Subject and Section
Professor’s Name
April 5, 2023
a. Plessy v. Ferguson discussion
In 1896, the US Supreme Court issued a landmark ruling in Plessy v. Ferguson, which involved Homer Plessy, a black man who had refused to leave a white-only train car in Louisiana (Cates, 2012). Louisiana had passed a law mandating segregation on trains, and Plessy was charged with violating the state law. The Court upheld the constitutionality of state laws mandating racial segregation under the "separate but equal" doctrine, which allowed for the provision of separate facilities for different races to be considered equal. This decision led to systemic racism and discrimination against African Americans for over fifty years, including unequal treatment in public facilities and services, such as education and transportation (Span, 2015).
The Plessy ruling contradicted the Fourteenth Amendment, which guaranteed all citizens equal protection under the law. It ignored African Americans' ongoing social disadvantages and reinforced the belief in racial inferiority. The decision perpetuated racial violence and oppression against black Americans, an ongoing issue in US history (Anderson, 2020).
Despite the injustice of the Plessy ruling, it served as a critical reminder of the importance of the courts in ensuring justice and protecting citizens' rights. Activism and legal challenges eventually overturned the decision, but its impact on American history cannot be overlooked.
b. The Campaign in the Courts
"The Campaign in the Courts" was a legal strategy adopted by the National Association for the Advancement of Colored People (NAACP) in the 1930s to fight against segregation and discrimination against African Americans in the United States. The campaign had four significant steps to challenge the "separate but equal" doctrine.
The first step involved challenging segregation in education. In 1938, the NAACP filed a lawsuit, Missouri ex rel. Gaines v. Canada, to the Supreme Court to contest a Missouri state law that prevented a black student from enrolling in the University of Missouri's law school, which had no provision for black students (Rountree, 2004). The Supreme Court ruled that the state must either admit Gaines to the law school or establish a separate but equal law school for black students.
The second step was challenging the "separate but equal" concept in public graduate schools. In 1940, the NAACP filed another case, Sweatt v. Painter, with the Supreme Court opposing a Texas law prohibiting black students from attending the University of Texas Law School. The Supreme Court found that the law school created for black students was unequal in quality and resources compared to the University of Texas Law School and ordered that Sweatt be admitted.
The third step was to challenge the constitutionality of segregation in public schools. In 1947, the NAACP filed a lawsuit, Mendez v. Westminster, in a federal court in California, challenging a law that segregated Mexican American students in public schools. The Court ruled that the law was unconstitutional and that segregation violated the equal protection clause of the Fourteenth Amendment (Powers, 2008).
The ...
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