“Legalizing Segregation” Lecture

Post-Reconstruction Era and African American Rights

• Transition Post-Removal of Federal Troops (1877)

  • Federal troops' removal marked a turning point for African Americans, who had hoped for freedom and equality.

  • Constitutional amendments established during Reconstruction changed the landscape of rights but faced significant challenges in implementation.

• Constitutional Amendments

  • 13th Amendment: “Abolished” slavery.

  • 14th Amendment: Established birthright citizenship and equal protection under the laws.

  • 15th Amendment: Secured voting rights for black males, prohibiting vote denial based on race, color, or previous servitude.

• Progress During Reconstruction

  • Significant improvements included congressional hearings, civil rights legislation, voting rights protections, black officeholders, public schools, and legal victories in southern courts.

Challenges and Roadblocks

• White Violence and Systemic Racism

  • Increasingly unpunished violence against African Americans.

  • White supremacist ideology, presence of terrorist groups like the Ku Klux Klan.

  • Supreme Court's frequent nullification of Reconstruction-era legislation.

• Supreme Court Case: United States v. Cruikshank (1876)

  • Supreme Court declined to indict individuals involved in the Colfax massacre (150+ African Americans killed), ruling that the federal government lacked jurisdiction over individual crimes.

• Civil Rights Cases (1883)

  • Series of five cases wherein the Supreme Court ruled against African American litigants.

  • The Court emphasized that acts of discrimination by private individuals were the purview of states, not federal protection.

Dissent and Legislative History

• Justice John Harlan's Dissent

  • Asserted Congress's authority under the 13th and 14th Amendments to prohibit racial discrimination.

  • Described the Court's ruling as a betrayal of the spirit and purpose of the Reconstruction Amendments.

• Civil Rights Act of 1875

  • Initially supported by African American congressmen, offered hope for federal protection.

  • Harlan's dissent highlighted the realization that the federal government was losing its role as a guardian of equality.

Emergence of Jim Crow Laws

• Post-Reconstruction Legal Landscape

  • The Supreme Court's stances laid groundwork for legal segregation, growing in strength towards the late 19th century.

  • Southern states passed laws that institutionalized segregation and disenfranchisement (Jim Crow laws).

• Rising Statutory Segregation

  • Laws like Louisiana's Separate Car Act of 1890 mandated racial segregation in public transport, reversing prior protections.

Plessy v. Ferguson (1896)

• Background and Execution

  • Test case organized by the black community focusing on segregation laws.

  • Homer Plessy, who was 7/8 white, was arrested for sitting in the whites-only car, becoming the face of the legal challenge.

• Louisiana Supreme Court Decision

  • Upheld segregation, claiming a natural legal difference justified separate accommodations.

• U.S. Supreme Court Ruling

  • Affirmed "separate but equal" doctrine, allowing states to enact segregation laws. Harlan's dissent condemned the ruling as reinforcing racial inferiority.

Impact of Plessy Decision

• Reinforcement of Segregation

  • Legitimized existing segregation and led to numerous new laws prohibiting African American access to public facilities.

  • Signs of segregation publicized racial hierarchies, exemplifying de jure discrimination.

• White Supremacy and Public Identity

  • The concept of "We the People" was restricted to whites; public space became perceived as white-owned property.

Continued Struggle for Civil Rights

• Ida B. Wells' Activism

  • Challenged segregation on trains; her case highlighted the refusal of law enforcement to protect African American rights.

  • Wells' presence in a whites-only car and subsequent assault represents persistent resistance against segregation.

• Northern States’ Civil Rights Developments

  • Despite the absence of formal segregation laws in many Northern states, discriminatory practices persisted (de facto segregation).

  • Efforts like those by Benjamin W. Arnett and Jerry A. Brown in Ohio sought to repeal remaining black laws, demonstrating ongoing efforts for civil rights activism.

Conclusion

• Shift in Attitudes Toward Racial Equality

  • Despite constitutional protections, a systemic culture of racial discrimination emerged, which persisted and evolved into later civil rights struggles.

  • Ongoing advocacy and legal challenges reflected a refusal to accept systemic injustices post-Reconstruction.