Race- Quiz 1

Ozawa v. United States

Japanese man who worshipped American churches and spoke English at home applied for citizenship but was denied. He made argument that color of his skin made him white. Court is not bound by science in policing the boundaries of whiteness. White is subjectively understood. Free whites were the only affirmatively listed group eligible for citizenship. White person in case law has always referred to members of the Caucasian race.

U.S. v. Bhagat Singh Third

D was born in India and member of a high social class that some scientists classified as part of Caucasian or Aryan race. D claimed he was eligible for citizenship based on Indians as Aryans. While he may be “Caucasian”, the statue confers citizenship to “white people”, which must not be conflated. White person is a common understanding that encompasses specific characteristics

Loving v. Virginia

Interracial couple married in D.C. pursuant to its laws. They later moved to Virginia. The laws of Virginia banned interracial marriage and indicted the Lovings. A state may not exact a statute that prevents marriages between persons solely on the basis of racial classification without violating the equal protection and due process clauses of the 14th amendment. The statutes here proscribe accepted conduct if engaged in by people of different races, and there is no legitimate purpose which justifies this classification.  

colonization

europena global superpowers seeking to expand empired by conquest or commerce or both

white superiority

rooted in belief that non-christians/non-europeans were “savages”

colonialism

practice of establishing and maintaining control over foreign territories, often for economic exploitation or geopolitical dominance

settler colonialsm

colonizing power seeks to establish permanent presence in colonized territory by sending settlers to live there permanently

white superiority was integrated into law in

in calvins case

Calvins case

Calvin was born in Edinburg so it was claimed that he wasn't a subject of England and couldn't be protected by England law. Since he was born in Scotland he could not be considered an English citizen and could not acquire land or maintain any action for land. Codified the idea of conqueror as his holy right as Christian over the infidel.

carl linnaeus

subclassified humans into 4 groups- americanus, europaeus, asiaticus, and africanus

francois bernier

organized human beings into 5 types based on physical characteristics

samuel george morton

manufactured the idea that white craniums are bigger and better than black craniums

need for adoption race rules

(1) decisions to deny blacks and indians same treatment as whites under the law (2) birth of children who had only one parent or non-white ancestor

virginia race rule

mothers status determined status of the child

one drop rule

if you had “one drop” of black ancestry, you were considered black. demonstrated a statutory favoritism for racial purity

pocahontas rule

individuals with 1/16 or less native american heritage could claim they were white

court interpretation of race statutes: legal presumptions

black people: burden of proving they were free. whites/indians: presumed free unless accuser could prove slave status

courts interpretation of race statutes - gregory v. baugh

imposed burden on mixed-race plaintiffs of proving status of maternal ancestors

the marshall trilogy: 3 doctrines

doctrine of discovery, trust doctrine, federal powers doctrine do

doctrine of discovery - definition

discovery gives title to the government by whose subjets, or by whose authority it was made, against all other european governments, which title might be consumated by possession

johnson v. mcintosh

codified doctrine of discovery. Johnson purchased land from tribes. He died and the land went to his son. The u.s. deeded the land to McIntosh. Johnson sought to eject McIntosh. All U.S. institutions recognize the absolute title to the crown, subject only to the Indian right of occupancy, and recognize the absolute title of the crown to extinguish that right. This is incompatible with absolute and complete title in the Indians. Title was acquired by the U.S. by force because the tribes of Indians were fierce savages whose occupation was war. Europeans were under the necessity of abandoning the country or enforcing the claims by the sword and the adoption of principles over people who couldn't be governed as a distinct society.  

city of sherill v. oneida

supreme court held that the doctrine of discovery was still good law. this precluded any tribal nation from asserting land claims in the united states. the indians cannot buy back their land

papal bull

formal decree issued by pop alexander giving Spain exclusive rights to colonize and claim all non-christian lands

trust doctrine

codified stripping of indigenous nations sovereignty by deeming indian tribe not a true foreign nation with its own land and laws, but rather a domestic dependent nation, like that of a ward of its guardian

cherokee nation v georgia

the cherokee nation is requestion an injunction to restrain georgia from the execution of certain laws of the state which anhialte the cherokee as a political society and intend to seize their lands for geogias use. generally, nations not owing a common allegiance are foreign to eachother. an indian tribe or nation within the united states is not a foreign state in the sense of the constitution and cannot maintain an action in the courts of the united states. the framers of the constitution did not consider the indian tribes when opening courts to controversies between foreign nations. clause 3 seperates the indian tribes from foeign nations

federal powers

only the federal government, not individual states, have authority to regulate relations with indigenous people

worcester v. georgia

Under state law, Georgia charged the plaintiff with the offense of residing within the limits of the Cherokee nation without a license and without having taken an oath to support and defend the constitution and laws of Georgia. States do not have the authority to impose their laws on Indian territories. The power to negotiate and regulate Indian tribes is exclusively reserved to the united states.

indian civilization act

provided the legal framework and financial support for missionary and government run schools that often operated at boarding schools

the dawes commission

u.s. government group formed to abolish communal tribal lands and force individual land allotments

characteristics of the dawes comission

blood quantum - rights and protections tied to degree of indian blood. limited membershup, denied membership to freedmen al

allotment

assigned piece of land roughly equal in size to each native american citizen. decided to seperate the land and create poverty. this served as a brutal way to part children with the landb

blood quantum

tracking degree of every citizen of every tribe. did not protect people with lower blood quantum, full bloods could be deemed incompetent and assigned a white guardian, who could then sell the land

native american gave protection and repatriation act

address the rights of native american tribes and their descendants to reclaim human remains and objects of cultural patrimony from federal agencies and institutions receiving federal funding

decolonization

generally involves actively challenging the pervasive colonialism and colnial mentalities in all institutions and systems of government

caste system

rigid social structure where people are born into fixed categories and no ability to change their status

indentured servants v enslaved

temporary v permanent status. inheritable v contractual with an end date

bacons rebellion

group of black and white indentured servants, freedmen, and other impoverished immigrants led by nathaniel bacon in demand for land

characteristics of slave laws of virginia

prohibit 5 or more people of color from rebelling/conspiring, provides nailing ones ears as punishment for false testimony, black people could not have weapons, black people did not have the right to vote

fugitive slave clauses

prevent states where slavery was abolished from intervening with the ability of slave holders to seize a person claimed to be enslaved

maroon communities

made up of black people who escaped enslavement or fled capture after arriving to north america. communities located in the wilderness

music and resistance

west african music brought to america, created community and hope. song and rhythm were used to share information about escape and the underground railroad

social death

(1) domination based on threat of physical and psychological violence (2) social isolation of slave and de racination (3) degradation attached to slave status

john punch & chattel slavery

indentured servants escaped. john punch, black, was sentenced to a lifetime of slavery. his white counterparts were sentenced to 4 additional years of service.

ten percent plan

allows confederate states to re enter the union when 1/10 of the state voters took oath of loyalty to the union

wade-davis bill

readmission based on 50% of white men taking loyalty oath to the u.s., swearing they never provided assistance to the confederacy

13th amendment

abolishes slavery except as punishment for a crime

convict leasing

those “duly convicted” were leased by their incarcerators to labor. cororations obtained cheap labor contributing to much of the countries reconstruction

14th amendment

guarantees birthright citizenship, equal protection under the law, and due process for individuals in the united states

Ho ah Kow v. Nunan

Chinese men wore “queues” in their hair, shaving their head and wearing the back in a braid. The deprivation of such is regarded as a disgrace and attended with misfortune and suffering. Plaintiff prison inflicted this only on Chinese prisoners and for no means of sanitation. The 14th amendment prohibits discrimination based on race. Chinese men are entitled to equal protection under the law.

Strauder v. West Virginia

west Virginia had a law prohibiting black men from serving on juries. People of color may not be excluded from serving on a jury. The purpose of the 14th amendment was to eliminate discrimination and ensure equal rights were enjoyed by all people.  

Dred Scott v. Sanford

Scott was an enslaved person who attempted to buy his way to freedom when his master died. He sued his widow in court for freedom. The question before the court was whether a black person can be considered a citizen and has the privilege of suing in a court of the united states in the cases specified in the constitution. The court held that black people are not and were not intended to be included under the word citizens in the constitution, and can therefore claim none of the rights and privileges which it provides for and secures to citizens of the United States

15th amendment

guarantees the right to vote regardless of race

freedmens bureau

provided relief to help formerly enslaved people become self sufficient

black codes

“reconstructed” states passed codes to control newly freed men and recreate their slavery in a form legalized by the 13th amendment

mississippi black codes

black men couldnt lease or rent, banned interracial marriage, governed labor contracts, allowed white people to arrest black people for quitting labor K, persuading black person to quit is a misdemeanor

legislative intent of black codes

deprive newly freed of their right to depart plantation imprisonment with new laws rhat funnel those who seek to leave into prisons

mississippi apprenticeship programs

allows white people to intervene/report free blacks who have not met the means or refuse to provide support for their minor children, allows caretaker to inflict corporal punishment

mississippi vagrancy laws

criminalizes homelesness and poverty for free blacks

compromise of 1877

effectively ended the recontruction era. hayes lost popular vote but electoral college votes were contested. the bipartisan electoral college commission awarded the win to hayes. in exchange he agreed to pull the remaining federal troops from the south

the civil rights cases

consolidated disputes where citizens were denied access to (1) theater in SF, CA, (2) opera house in NYC and (3) inns/hotels and (4) railcar in TN. The public accommodations section of the civil rights act are unconstitutional. Furthermore, the wrongful act of a private individual, unsupported by state authority, is simply a private wrong, or a crime of that individual and invasion on the injured party. Congress cannot use enforcement powers under the constitution to prohibit race discrimination by private individuals in public accommodations.

plessy v ferguson

The first section of the act provides that there shall be separate but equal accommodations for railway companies carrying passengers. Black passengers were not allowed to sit in carriages designated to white passengers. The second section provided that the officers have the power to assign passengers to a compartment. Any passenger in a compartment to which he did not belong was subject to a fine or imprisonment. So was any railway employee who allowed such. The railway had the power to refuse service to passengers who failed to abide by the provisions. The Louisiana law calling for the segregation of the races on railways is constitutional under the 13th and 14th amendment.