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Is the constitution color- blind ? (And do we want it to be?)

This article explores the Constitution's treatment of race and its implications. It discusses specific references such as the slave trade, fugitive slave clause, and 3/5 compromise. It also examines interpretative approaches, landmark cases like Plessy v. Ferguson, civil rights movements, and affirmative action.

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Is the constitution color- blind ? (And do we want it to be?)

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  1. Is the constitution color-blind?(And do we want it to be?)

  2. The Constitution and Race • Specific references: • No changes to slave trade until 1808 • Fugitive slave clause • 3/5 compromise • No protection for slaves • No protection against individual discrimination • Bill of Rights not applicable to the states until 14th Amendment

  3. The Constitution and Race • Missouri Compromise 1820 • Dred Scott case, 1857 • How to interpret the Constitution? • Founder’s Intent (Originalism) • Textualism • Doctrinalism (precedent) • Lincoln on Dred Scott decision

  4. The Constitution and Race • 14th Amendment • Plessy v. Ferguson • Legal, not social, equality • “Rationality” test • Harlan’s dissent • “Separate but equal” • After Plessy – “Jim Crow” laws

  5. Share Crop System • 90% 1900 • Peonage • 85% 1910 • Land ownership

  6. Attitudes on Race • Cartoons • “White Man’s Burden” • Birth of a Nation • Lynching

  7. The Birth of a Nation 1915 • D.W. Griffith • James S. Pike The Prostrate State 1874 • Birth of a Race

  8. Lynching

  9. Ida B. Wells • Memphis school teacher • Southern Horrors 1892 • NAACP anti-lynching campaign • No federal anti-lynching law

  10. Booker T. Washington • Up From Slavery • Atlanta Exposition of 1895 • Accomodationist • Tuskegee Institute

  11. W.E.B. Du Bois • The Souls of Black Folk, 1903 • Talented tenth • NAACP

  12. Marcus Garvey • United Negro Improvement Association • The Negro World • Blackstar Steamship Line

  13. WWI

  14. Background, WWI-World War II • Agitation for change, pre-World War II • Scientists • NAACP • anti-lynching • Eleanor Roosevelt • World War II, changes • Fighting Hitler • Black soldiers • An American Dilemma

  15. Background, post-World War II • Jackie Robinson & Ralph Bunche

  16. Brown v. Topeka Board of Education, 1954 • NAACP Legal Defense Fund • Thurgood Marshall • Gaines v. Canada (1938) • Sweatt v. Painter (1950) • Brown v. Topeka (1954) • Briggs v. Elliott • Earl Warren • “Compelling State Interest” • Brown II

  17. Early Civil Rights Movement • Rosa Parks • Montgomery Bus Boycott, 1955 • Martin Luther King, Jr.

  18. Early Civil Rights Movement • Greensboro and the Sit-ins

  19. The 1960s, Kennedy and King • The Sit-ins: CORE, SNCC, SCLC • Kennedy and Civil Rights • The Freedom Rides

  20. The 1960s, Kennedy and King • 1963, The March on Washington

  21. LBJ and the Great Society • 1964 Civil Rights Act • Strengthened voting rights • Banned discrimination in public facilities • No federal funds to segregated schools • Created EEOC • Women

  22. LBJ and the Great Society • Freedom Summer, Mississippi

  23. LBJ and the Great Society • Selma and voting rights • 1965 Voting Rights Act • Abolished literacy tests and discrimination at the polls

  24. After the Voting Rights Act • Urban blacks and Malcolm X • “Operation Drop in the Bucket” • Urban violence • Kerner Commission

  25. After the Voting Rights Act • MLK assassinated • Nixon, forced busing, affirmative action

  26. Affirmative Action • Regents of the University of CA v. Bakke (1978) • Grutter v. Bollinger (2003) • Gratz v. Bollinger

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