HISTORY 7B Lecture Notes - Civil Rights Cases, Slaughter-House Cases, Industrial Workers Of The World
Document Summary
Judicial activism: dispute does not lie in sc"s role but in what counts as ja/ legislating from the bench, the constitution gets amended. It also changes because the sc has changed their interpretations of it. Sc retreated wholesale from use of 14th amendment to protect blacks in the south. U. s. v. cruikshank (1876: 1873, white militia attacked black republicans who were guarding the state house (?) Colefax massacre no one was prosecuted murder = state crime. Act (enforcement act of 1870) federal crime to conspire to deny people their political and civil rights. They were convicted but the sc overturned it and declared the kkk act unconstitutional because it says no state not no people aka not individuals. No way to hold whites accountable for killing blacks. Civil rights cases (1883: rule the civil rights act of 1875 as unconstitutional.
