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American Constitutional and Legal History 16.docx

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Boston College
LAWS 2180
Alan Rogers

Brown V. Board II (1978) • Decided Brown would be implemented by Federal district courts who would hear suits from the aggrieved. So the blacks had to bring suit if they wanted the schools desegregated. • No oomph here though because the federal district courts in the south had southern racist judges who would not desegregate schools by delaying and playing tricks. Brown II then was an utter disaster: no enforcement of their decision. • Led to the southern manifesto, empowered the segregationists because of how weak it was. For many, many years the court denied all appeals to the supreme court regarding segregation. Cooper v.Aran (little rock): look up Moore v. Dempsey (1923) • Aresult of a Holmes dissent in Frank v. Mangum (1915): inAtlanta, Georgia a manager of a women only workers pencil factory is Frank, one of his employees is raped and found dead by anAfricanAmerican janitor. Police questioned janitor and decided the black person couldn’t withstand their questions falsely so he must not have done it. Therefore, Leo Frank must have done it. • Frank had an attitude of snobbishness and therefore the police arrested him and charged him with the murder despite no evidence. Mob surrounded the court house calling for lynching and the jury decided Frank was guilty. • Holmes dissent: the issue was one of federalism, that the state tries murders, not the federal government which he disagreed with. • In Moore v. Dempsey Holmes writes the majority that he won with his earlier dissent • Facts: group ofAfricanAmerican farmers looking to unionize in a church. The mob killed 200 black men and the mob lost 4 white men for random circumstances. • Moore looks for writ of habeas corpus. • Holmes make reference to mob who gained a promise for a guilty charge before the trial. Therefor he argued it wasn’t a real trial and it was a violation of due process in the 14 .
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