Ashley History Topics 6-8 Test

Reconstruction

1865-1877; the period of economic (capitalism), social (north/south and racial relations), and political (reunification) transformation of the United States after the Civil War and the end of slavery

Demographics of American Thinking Post-Civil War

The only real voices in government were northern republicans, so congress was very like-minded and a lot of amendments were passed

13th Amendment (1865)

abolished slavery, clearly making the Constitution an anti-slavery document.

Southern Democrats' view on Reconstruction

Black people wouldn't be enslaved anymore, but also wouldn't be granted any other rights (voting, citizenship). Thought life would go back to the way it was, excluding the absence of slavery. Wanted the federal government to stay out of state affairs.

Moderate Republicans' view on Reconstruction

More focused on equal opportunites than equal results (through freedom of labor, everything else would follow). Recognized AA wouldn't be on equal footing, so would provide support for them to have more opportunities. Federal government should be a tool to provide economic autonomy, equal opportunities would follow.

Radical Republicans' view on Reconstruction

Radical advocaters for equality: thought equality = equality of rights (can only have equal opportunities if equal rights are protected). Saw Reconstruction as a way to build America completely anew

Lincoln's 10% Plan

Proposed - never signed into law. 10% of the population of each southern state to swear an oath of loyalty to the USA govt (vague) and write into their constitution that slavery is illegal in their state, and then they can be represented in govt again. He would pardon everyone in the confederacy with the exception of a few high ranking officers. This lenient plan is unsurprising for Lincoln because he saw himself as president of the entire American people, and doesn't want to single out the South for punishment, he just wants unity.

Freedman's Bureau

Part of Lincoln's 10% plan - he recognized that AA deserved equal rights, and woould need some support to be competitive in the free market. This Bureau would:
- give aid to the poor
- ensure equal treatment under the law
- distribute abandoned land for sale to former slaves
- create an education program
It was ratified in 1865 by Congress (w/o the rest of his plan) until it died in 1872

Wade-Davis Bill

Supported by radical republicans in Congress, thought Lincoln was too easy on the south and made WD bill instead.
- 50% of each southern state had to swear loyalty to US
- confederate officials and veterans couldn't vote
- military presence in the south
- ban slavery in state constitution and blacks get right to vote
Heavy on more government intervention in the south to punish them for the war

Presidential Reconstruction

Andrew Johnson's take on reconstruction after Lincoln's assassination (actually implemented bc Congress was out of session): he shifts the focus of reconstruction away from racial equality and towards the interests of the poor white man - believed the war had been fought for the yeoman because slaves took job opportunities from lower class white people (anti slavery but still racist).
He persecuted rich white southerners by pardoning any southerners whose property is valued under $20,000 - anyone else had to come to DC and beg him to be pardoned. Did not take any further actions toward racial equality - he didn't think black people deserved the right to vote, and since slavery was over he thought they didn't need any further support.

The Black Codes

Gave the South the ability to preserve white supremacist practices. Black people were subject to different laws than white people:
- Couldn't testify against whites
- Couldn't serve on juries
- Couldn't vote
- Required to sign labor contracts to prove they were employed, failure to show/have a contract could send them to jail
Many are violations of constitutional rights, and black people arrested frequently and forced to do unpaid labor, which the state would then auction off to private companies that would pay the state - laborer wouldn't get paid.

Radical Republican Reaction to Black Codes

In response to Johnson's white supremacist, pro-Southern Reconstruction plan the Radical Republicans move even further to the left and now put forth a legislative and Constitutional agenda that will enshrine Civil Rights in the Constitution. They knew Johnson had to be stopped and with their supermajority, they put several plans through Congress to counter Johnson's single minded thinking of the lower white class, and they can override Johnson's inevitable veto.

Civil Rights Bill of 1866

Clarifies the meaning of the 13th amendment: defined all persons born in the United States as citizens and spelled out rights they were to enjoy without regard to race. Clearly countered the black codes, also radicals wanted to make sure the BOR clearly related to state laws, not just federal laws. Johnson vetoed this (ofc) because he thought of it as reverse racism (helping blacks and not whites was racist against whites), and Congress overrides his veto

Reconstruction Act of 1867

Divided the South into five military districts and called for the creation of new state governments, with black men being given the right to vote. Jackson vetoes (no surprise) and Congress overrides.

14th Amendment (1868)

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection under the laws. 4 parts:
- The Citizenship Clause provides a broad definition of citizenship, overruling SCOTUS decision in Dred Scott (that black ppl were not citizens)
- Procedural Due Process (if u come in contact with the criminal justice system, there are processes and procedures that must be followed - this is laid out in the BOR, but now 14th says EVERYONE must have these rights
- Substantive Due Process - some places have the right to restrict fundamental rights (like schools) but must prove they have a good reason
- The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction
BASICALLY it writes into the Constitution the principles that equality before the law regardless of race is a fundamental right of all American citizens

15th Amendment (1870)

Citizens cannot be denied the right to vote because of race, color , or previous condition of servitude (does not include women). Basically gives black men the right to vote, but doesn't account for eventual loopholes (like literacy tests or poll taxes that are implemented in the south). Directly after this, there is a very brief period where complete racial equality is realized - until SCOTUS starts to limit equality through their views that align with the Southern democrats and Andrew Johnson.

Johnson's Impeachment

Radical republicans are mad that he exists as a pain in the ass who doesn't agree with anything they want to do, so they catch on a minor violation of the Tenure of Office act (1867) and impeach him (first impeachment in history), and he is charged for high crimes and misdemeanors but is acquitted (not removed from office) by 1 vote

Slaughterhouse Cases (1873)

Brought forward by butchers who feel that because of their social class, they've had rights infringed upon in ways that violate the 14th. SCOTUS says this doesn't violate the 14th Amendment, bc it was passed with the narrow intent to grant full equality to former slaves, it was not written to guarantee equal rights to all people regardless of race --> narrow view of the equal protection clause

USA vs Cruikshank (1876)

Verdict: the 14th Amendment says that the federal government cannot "deprive you of life, liberty, or property without due process of law" therefore if individual deprives you of those rights, you can't look for protection from the 14th Amendment. If someone in the south were assaulted by the KKK, they would need to look for protections from state and local laws - but since those institutions are inherently racist, justice would never be realized.
Bottom line: Individual or private action is not regulated by the 14th Amendment

Civil Rights Cases (1883)

Can a private business that refuses to serve black patrons be charged for violating the 14th? SCOTUS says NO, it doesn't violate the 14th, because it's a private business, not a government one.
Bottom line: The action of private entities is not regulated by the 14th Amendment

Plessy vs Ferguson (1896)

Jim Crow laws (segregation laws) do not violate the 14th Amendment - "Separate but equal" does not violate the 14th Amendment. This marks the beginning of the Jim Crow era in the south.

End of Reconstruction

In the election of 1876 it's Rutherford B. Hayes (R) vs Samuel Tilden (D) and results are disputed, north says that if the South lets Hayes win, they will withdraw military forces, which basically marks the end of reconstruction. Hayes is unmotivated toward the causes of equality, the public is fatigued of it, and the court has undermined almost every attempt at equality.
The Republicans shift their ideology away from the equality-oriented motivation and in a more conservative, capitalist direction (away from civil rights, toward economic development). Reconstruction roughly considered over in 1876, but by Plessy (1896), reconstruction is definitely over

The Gilded Age (1877 - 1900)

Term used to describe the tumultuous years between the end of Reconstruction and the turn of the twentieth century. "Gilded" because a shiny exterior covered the extreme social problems prevalent under the surface.
Positive changes:
- American economy grew and prospered under the proliferation of industrial capitalism (capitalism on top now, south still a bit agrarian but lagging behind economically, and America became very competitive in the world market)
- Lots of immigration + diversity (mostly from Ireland, Italy, China, eastern European Jews)
- Creation of a wealthy middle class - bankers, lawyers, doctors
Negative Changes:
- Economic prosperity felt unequally (very rich ppl and very, very poor ppl)
- Large labor supply bc of immigrants so very low wages (no minimum wage)
- lots of blight and crimes (since ppl were so poor they had to steal)
- expanded definition of racism in light of new cultures

Economic Liberty

Freedom is defined by economic autonomy. The republicans morphed to become the party of limited power - they endorse laissez-faire (no intervention) capitalism. Now SCOTUS supports the republicans and interprets the 14th not to be about racial equality - but about economic freedoms:
- freedom of contract
- freedom from government intervention in the economy
- freedom over your earnings and wealth
- freedom in how you ran your corporation
This leads to extreme economic inequality, with no effort to stop it because that would violate the new interpretation of the 14th amendment, so the presidents of the time aren't really well known because they believe their job is to not do a whole lot

Allgeyer vs Louisiana (1897)

Establishes the notion that an essential element of the liberty protected by due process clause is our "liberty of contract." - Moved away from race and says the 14th has a lot to do with economics

Lochner vs New York (1905)

Story: NY state passed a law about the maximum numbers of hours a baker could work in hopes of protecting the health of the general public, bakery owners argue this is a violation of their 14th amendment right to freely enter contracts and SCOTUS sides with the bakers
Significance: Court argued that liberty of contract is so important that it can't be infringed on by the government without a highly compelling reason. The notion of needing a highly compelling reason to limit a fundamental right is substantive due process, an idea that is introduced here.

Change in Demographics

Influx of immigrants mean underpaid workers and crowded, poor cities.
Democrats change their definition of who is "white" to include Irish, Italians, and Jews (not Chinese) to win more votes over republicans

Political Machines

Corrupt organized groups that controlled political parties in the cities. A boss leads the machine and attempts to grab more votes for his party. Renders democracy useless and corrupt

Idle Presidents

Presidents didn't do much because he believed his job was strictly what was written in the constitution, and nothing more. They would also appoint people to jobs in the govt that they were not qualified for as a thank you for helping him get elected, putting inept cronies in the govt.

Pendleton Act (1833)

Garfield's assassination in 1881 (a guy didn't get a job he wanted so he killed Garfield) served as a wake-up call that smth needed to be done abt the idle government - this act required individuals to take a test proving their aptitude for a governmental job before they were hired

The Progressive Era

Middle class, primarily white, reformers (gender integrated) who emerge after the gilded era and are unhappy of the way America is run and want to bring about change to create the ideal American society through the use of experiment and diagnosis to create a solution (what causes poverty? crime? addiction? family breakups? diagnose by putting experts in the field into government and design policies that address these problems)

Direct Primaries (state law in only some states)

Voters choose their party's nominee, not the party

Referendum (state law in only some states)

Voters propose and vote on legislation

Recall (state law in only some states)

Voters vote to remove an elected official from office

Federal Trade Commission (1914)

Government agency that works to prevent corporate monopolies

Keating-Owen Act (1916) (Federal law)

Ban on child labor, ruled unconstitutional under the Interstate Commerce Clause in Hammer v. Dagenhart 1918

Volstead Act (1919)

Federal law empowering federal agents and police to enforce the 18th Amendment (prohibition) and defining what exactly counts as an alcoholic drink (anything above 0.05 and exceptions for religious reasons were okay)

Muller v. Oregon (1908)

Oregon law limiting the number of hours a woman could work upheld as consistent with state police powers; ruled to not be a 14th Amendment violation

Hammer v. Dagenhart (1918)

Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority and a violation of the interstate commerce act.

Buck v. Bell (1927)

Forcible sterilization laws upheld as consistent with state police powers; not a 14th Amendment violation

16th Amendment (1913)

Established a federal income tax

17th Amendment (1913)

Direct Election of US Senators

18th Amendment (1919)

Made the importation, trade, and consumption of alcohol illegal, which only led to further organized crime (Al Capone) and illegal conduct

19th Amendment (1920)

Women finally got the right to vote, marking a significant milestone for the womens suffrage movement and furthering the progressive's goals for equality

21st Amendment (1933)

Repealed prohibition