Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0001
- Subject:
- Political Science, American Politics
Examines post‐Reconstruction race relations—focusing mainly from 1856–1964—and outlines the legal and political factors permitting its dissemination. King formulates segregation as an arrangement ...
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Examines post‐Reconstruction race relations—focusing mainly from 1856–1964—and outlines the legal and political factors permitting its dissemination. King formulates segregation as an arrangement whereby Black Americans, as a minority, were systematically treated in separate, but constitutionally sanctioned, ways. He examines various laws and policies that condoned segregation ever since the Supreme Court accepted the ‘separate but equal’ doctrine as a justification of segregation in 1896 up until the passage of the Civil Rights Act of 1964. King also examines the congressional and presidential politics of race relations under the administrations of Woodrow Wilson, Franklin D. Roosevelt, and Harry Truman.Less
Examines post‐Reconstruction race relations—focusing mainly from 1856–1964—and outlines the legal and political factors permitting its dissemination. King formulates segregation as an arrangement whereby Black Americans, as a minority, were systematically treated in separate, but constitutionally sanctioned, ways. He examines various laws and policies that condoned segregation ever since the Supreme Court accepted the ‘separate but equal’ doctrine as a justification of segregation in 1896 up until the passage of the Civil Rights Act of 1964. King also examines the congressional and presidential politics of race relations under the administrations of Woodrow Wilson, Franklin D. Roosevelt, and Harry Truman.
Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0003
- Subject:
- Political Science, American Politics
King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He ...
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King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He focuses particularly on the two decades after Franklin Roosevelt's 1932 election and the effects of wartime mobilization. Moreover, King presents an occupational profile of the almost universally lowly positions attained by Black employees in government, and uses hearings from the Fair Employment Practice Committee (FEPC) and its successor bodies to examine how discrimination flourished and persisted within the ‘separate but equal’ framework.Less
King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He focuses particularly on the two decades after Franklin Roosevelt's 1932 election and the effects of wartime mobilization. Moreover, King presents an occupational profile of the almost universally lowly positions attained by Black employees in government, and uses hearings from the Fair Employment Practice Committee (FEPC) and its successor bodies to examine how discrimination flourished and persisted within the ‘separate but equal’ framework.
Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0005
- Subject:
- Political Science, American Politics
King analyses segregation in federal prisons—institutions that he argues reproduced segregationist pressures ever since the 1930 establishment of the Bureau of Prisons through the 1960s, even in ...
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King analyses segregation in federal prisons—institutions that he argues reproduced segregationist pressures ever since the 1930 establishment of the Bureau of Prisons through the 1960s, even in those penitentiaries located in parts of the country outside the South. After discussing the origins of federal penitentiaries, King presents a statistical profile and racial composition of inmates in federal prisons before the legal ‘separate but equal’ doctrine. He then considers how the segregated system operated in federal prisons and how attempts at integration were carried out.Less
King analyses segregation in federal prisons—institutions that he argues reproduced segregationist pressures ever since the 1930 establishment of the Bureau of Prisons through the 1960s, even in those penitentiaries located in parts of the country outside the South. After discussing the origins of federal penitentiaries, King presents a statistical profile and racial composition of inmates in federal prisons before the legal ‘separate but equal’ doctrine. He then considers how the segregated system operated in federal prisons and how attempts at integration were carried out.
Brian E. Butler
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780226474502
- eISBN:
- 9780226474649
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226474649.003.0008
- Subject:
- Law, Constitutional and Administrative Law
Chapter 7 analyzes two cases generally thought of as exemplary of the Supreme Court protecting or even progressively expanding civil rights protected under the Constitution. Brown and Obergefell are ...
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Chapter 7 analyzes two cases generally thought of as exemplary of the Supreme Court protecting or even progressively expanding civil rights protected under the Constitution. Brown and Obergefell are thought of by liberal theorists as examples of the Court getting things right. Of course they are also thought of as not grounded in the Constitution by conservative legal theorists. Brown famously overruled the “separate but equal” doctrine of Plessy v. Ferguson. Obergefell found a constitutional right to same-sex marriage. Interestingly, though the results are disputed by legal theorists, they are also thought by both sides of the debate to be examples of the Court properly understanding its role as supreme interpreter of the Constitution. This chapter challenges that interpretation. It presents Brown as an information-rich decision that exemplifies much that is required of democratic experimentalism. It presents Obergefell as arriving at the correct legal conclusion, but through a roundabout way that could have been better justified if the Court utilized the jurisprudence of democratic experimentalism. Posner’s opinion, Baskin v. Bogan is offered as a better option.Less
Chapter 7 analyzes two cases generally thought of as exemplary of the Supreme Court protecting or even progressively expanding civil rights protected under the Constitution. Brown and Obergefell are thought of by liberal theorists as examples of the Court getting things right. Of course they are also thought of as not grounded in the Constitution by conservative legal theorists. Brown famously overruled the “separate but equal” doctrine of Plessy v. Ferguson. Obergefell found a constitutional right to same-sex marriage. Interestingly, though the results are disputed by legal theorists, they are also thought by both sides of the debate to be examples of the Court properly understanding its role as supreme interpreter of the Constitution. This chapter challenges that interpretation. It presents Brown as an information-rich decision that exemplifies much that is required of democratic experimentalism. It presents Obergefell as arriving at the correct legal conclusion, but through a roundabout way that could have been better justified if the Court utilized the jurisprudence of democratic experimentalism. Posner’s opinion, Baskin v. Bogan is offered as a better option.
Jeffrey D. Gonda
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781469625454
- eISBN:
- 9781469625478
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625454.003.0006
- Subject:
- History, African-American History
The final chapter contends with the cases’ complex and paradoxical legacies for America’s cities and the civil rights movement. The covenant cases returned from the Supreme Court chamber into the ...
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The final chapter contends with the cases’ complex and paradoxical legacies for America’s cities and the civil rights movement. The covenant cases returned from the Supreme Court chamber into the hands of the white and black communities who would determine its impact on the substance of American life. The ensuing struggle to define and control the meaning of the cases gave new contours to two contradictory forces in the postwar nation: the racial ghetto and the struggle for black freedom. The chapter examines how the depths of white resistance to the decision dramatically curtailed the potential impact of the NAACP’s victory on the entrenchment of urban segregation. The chapter then argues, however, for a new understanding of how the campaign against restrictive covenants transformed the legal battle against Jim Crow. The victory in Shelley v. Kraemer set legal activists on a collision course with “separate but equal” jurisprudence and equipped them with essential alliances and tactics to succeed in that fight.Less
The final chapter contends with the cases’ complex and paradoxical legacies for America’s cities and the civil rights movement. The covenant cases returned from the Supreme Court chamber into the hands of the white and black communities who would determine its impact on the substance of American life. The ensuing struggle to define and control the meaning of the cases gave new contours to two contradictory forces in the postwar nation: the racial ghetto and the struggle for black freedom. The chapter examines how the depths of white resistance to the decision dramatically curtailed the potential impact of the NAACP’s victory on the entrenchment of urban segregation. The chapter then argues, however, for a new understanding of how the campaign against restrictive covenants transformed the legal battle against Jim Crow. The victory in Shelley v. Kraemer set legal activists on a collision course with “separate but equal” jurisprudence and equipped them with essential alliances and tactics to succeed in that fight.
Herbert Hovenkamp
- Published in print:
- 2014
- Published Online:
- October 2014
- ISBN:
- 9780199331307
- eISBN:
- 9780190204495
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199331307.003.0004
- Subject:
- Law, Legal History
The Civil War and its Constitutional Amendments notwithstanding, social integration was abhorrent to both northern and southern whites as late as the 1920s. The 1875 Civil Rights Act, passed by a ...
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The Civil War and its Constitutional Amendments notwithstanding, social integration was abhorrent to both northern and southern whites as late as the 1920s. The 1875 Civil Rights Act, passed by a Union Congress at the end of Reconstruction has been mischaracterized as an “integration” statute. Rather it was a “separate but equal” statute fully consistent with the mandate of Plessy v. Ferguson twenty years later. American Progressives developed a liberal social conscience about wealth distribution and the rights of labor, but these were combined with an aggressive “managed” racism that forced racial separation in education, housing, and sexual contact. These views were supported by social science, or “Brandeis briefs,” making the scientific case for state-mandated segregation. Only after anthropology and social science began to become more environmentalist in the 1930s did these scientific attitudes change.Less
The Civil War and its Constitutional Amendments notwithstanding, social integration was abhorrent to both northern and southern whites as late as the 1920s. The 1875 Civil Rights Act, passed by a Union Congress at the end of Reconstruction has been mischaracterized as an “integration” statute. Rather it was a “separate but equal” statute fully consistent with the mandate of Plessy v. Ferguson twenty years later. American Progressives developed a liberal social conscience about wealth distribution and the rights of labor, but these were combined with an aggressive “managed” racism that forced racial separation in education, housing, and sexual contact. These views were supported by social science, or “Brandeis briefs,” making the scientific case for state-mandated segregation. Only after anthropology and social science began to become more environmentalist in the 1930s did these scientific attitudes change.
Yuval Merin
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226520315
- eISBN:
- 9780226520339
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226520339.001.0001
- Subject:
- Law, Family Law
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. This ...
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During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. This book presents a comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. The author begins by providing a historical overview of the transformation of marriage from antiquity to the present, and then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. He concludes that all of the models except civil marriage discriminate against gays and lesbians just as the “separate but equal” doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.Less
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. This book presents a comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. The author begins by providing a historical overview of the transformation of marriage from antiquity to the present, and then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. He concludes that all of the models except civil marriage discriminate against gays and lesbians just as the “separate but equal” doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
Edlie Wong
- Published in print:
- 2014
- Published Online:
- March 2015
- ISBN:
- 9780195385342
- eISBN:
- 9780190252779
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780195385342.003.0006
- Subject:
- Literature, American, 19th Century Literature
This chapter examines the U.S. Supreme Court landmark case of Plessy v. Ferguson (1896) and its influence on the form and content of the American novel. After providing a background on Plessy, which ...
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This chapter examines the U.S. Supreme Court landmark case of Plessy v. Ferguson (1896) and its influence on the form and content of the American novel. After providing a background on Plessy, which upheld de jure segregation in the United States until it was overturned by Brown v. Board of Education (1954), the chapter considers the legal argument of Albion Tourgée. It then analyzes a number of novels by authors such as Mark Twain, William Faulkner, Richard Wright, Ralph Ellison, Toni Morrison, and Edward P. Jones. In particular, it discusses the novel in order to elucidate the racial fictions and counterfactual imaginings embedded within the legal text of the doctrine of “equal but separate” established by Plessy.Less
This chapter examines the U.S. Supreme Court landmark case of Plessy v. Ferguson (1896) and its influence on the form and content of the American novel. After providing a background on Plessy, which upheld de jure segregation in the United States until it was overturned by Brown v. Board of Education (1954), the chapter considers the legal argument of Albion Tourgée. It then analyzes a number of novels by authors such as Mark Twain, William Faulkner, Richard Wright, Ralph Ellison, Toni Morrison, and Edward P. Jones. In particular, it discusses the novel in order to elucidate the racial fictions and counterfactual imaginings embedded within the legal text of the doctrine of “equal but separate” established by Plessy.
David E. Goldberg
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780823272716
- eISBN:
- 9780823272761
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823272716.003.0007
- Subject:
- History, American History: 19th Century
This chapter briefly details the post-1920 northern freedom struggle at the Jersey Shore. Despite continued efforts by grassroots black activists to press for integration, the black merchant class ...
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This chapter briefly details the post-1920 northern freedom struggle at the Jersey Shore. Despite continued efforts by grassroots black activists to press for integration, the black merchant class exploited the gradual decline of white entertainment spaces and the growing appeal of black consumer culture to lure in white customers and to downplay direct civil rights action. Rather than the typical “long march to freedom” promoted in many oft-told accounts, this chapter argues that the promise of consumption and the accompanying culture of growth spurred the region’s long retreat from earlier civil rights victories.Less
This chapter briefly details the post-1920 northern freedom struggle at the Jersey Shore. Despite continued efforts by grassroots black activists to press for integration, the black merchant class exploited the gradual decline of white entertainment spaces and the growing appeal of black consumer culture to lure in white customers and to downplay direct civil rights action. Rather than the typical “long march to freedom” promoted in many oft-told accounts, this chapter argues that the promise of consumption and the accompanying culture of growth spurred the region’s long retreat from earlier civil rights victories.
David E. Goldberg
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780823272716
- eISBN:
- 9780823272761
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823272716.003.0006
- Subject:
- History, American History: 19th Century
Chapter 5 examines how the moral and physical health of consumers and consumer districts became tied to economic rights, commercial expansion, and political stability. Intertwined in these debates ...
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Chapter 5 examines how the moral and physical health of consumers and consumer districts became tied to economic rights, commercial expansion, and political stability. Intertwined in these debates were competing consumer and leisure discourses. Free consumer advocates advanced and protected the underground economy of leisure and advocates of consumer protection advanced a program of economic growth and environmental justice. Together, these campaigns helped contain campaigns for integrated leisure by solidifying the legal doctrine of “separate but equal.”Less
Chapter 5 examines how the moral and physical health of consumers and consumer districts became tied to economic rights, commercial expansion, and political stability. Intertwined in these debates were competing consumer and leisure discourses. Free consumer advocates advanced and protected the underground economy of leisure and advocates of consumer protection advanced a program of economic growth and environmental justice. Together, these campaigns helped contain campaigns for integrated leisure by solidifying the legal doctrine of “separate but equal.”
