SOCIOL 2309 Lecture Notes - Lecture 4: Jim Crow Laws, Literacy Test, Equal Protection Clause
29 Sep 2016
School
Department
Course
Professor
Document Summary
13th, 14th and 15th amendments = post-war amendments: jim crow laws. Constitutionality valid under equal protection clause of 14th. Plessey v. ferguson (1896) uphill battle #1. Amendment: separate but equal , challenge legality of separate train cars (but applies more broadly, staged event only one black ancestor so looked white. Attorney for plessey: 7 1 decision (justice harlan = only dissent) 13th and 14th amendment argument: separate not inherently unequal, segregation does not violate equal protection clause of 14th amendment. Brown v. board of education: uphill battle #2 = predisposition of the judges on court (frankfurter jewish; Reed old school, believed state issue; jackson morally time but legally questionable because of precedent: multiple cases consolidated into one. Briggs v. elliot; davis v. county school board. Segregation based solely on race equal protection under. 14th amendment: uphill battle #3 = not all lawyers are created equal. Davis = very good attorney: how to deal with precedent? (marshall"s challenge)
