Lesson 8: Equal Protection Pt. 1

Declaration of Independence:
- States that “All men are created equal.”
The Constitution:
- Preamble emphasizes the aim to “Establish justice.”
Supreme Court Building Inscription:
- “Equal Justice Under Law.”
Historical Context:
- At the time of the founding, only white landowners could claim equal justice under the laws.

1619: Arrival of the first African slaves in Jamestown, U.S.
By 1776:
- Black slaves constituted 40% of the Southern colonial population.
Post-Revolution Changes:
- Seven states abolished slavery but still enacted discriminatory laws focused on race and gender.
Legal Status of Slaves:
- Slaves were regarded not as persons but as property.
- Certain laws prohibited teaching slaves to read or write.

Constitutional Clauses Accommodating Slavery:
- Total of 10 clauses in the Constitution that catered to slavery; 3 specifically protected it:
- Three-fifths Compromise (Art. I, Sec. 2):
  - Slaves counted as 3/5 of a person for both representation in the House of Representatives and direct taxation.
- 1808 Compromise (Art. I, Sec. 9):
  - Congress was prohibited from banning the slave trade until 1808.
- Fugitive Slave Clause (Art. VI, Sec. 2):
  - Nationalized slave property and required free states to enforce the slave system.
Luther Martin's Critique:
- Criticized the compromises made regarding slavery, stating:
- “A solemn mockery of, and insult to that God whose protection we had then implored, and who views with equal eye the poor African slave and his American master.”
- He refused to sign the Constitution as a Maryland delegate.

Facts of the Case:
- Dred Scott, a black slave born from slave parents, sued for his freedom based on a 5-year residence in Wisconsin Territory where slavery was prohibited.
Court’s Ruling:
- Declared the Missouri Compromise unconstitutional as Congress lacked authority to restrict slavery in territories.
- Asserted that this deprived slave owners of their property rights under the Due Process Clause of the 5th Amendment.
- Ruled that Dred Scott had no right to sue since he, along with any black man, could not be considered a U.S. citizen.
Chief Justice Roger Taney's Opinion:
- Stated: “Black men had for more than a century before been regarded as beings of an inferior order… and that the negro might justly and lawfully be reduced to slavery for his benefit.”

After the Civil War, steps were taken to address the injustice of slavery.
13th Amendment (Dec. 1865):
- Abolished slavery and involuntary servitude in the U.S.
Black Codes:
- Despite amendments, Southern states enacted laws restricting blacks, including prohibiting them from carrying arms, restricting access to courts, and enforcing segregation in public facilities.
Civil Rights Act of 1866:
- Response to Black Codes: Declared everyone born in the U.S. as citizens with equal rights, including:
- Right to create and enforce contracts.
- Right to sue and be sued.
- Right to give evidence in court.
- Right to inherit property.
- Right to purchase, lease, sell, hold, and carry real and personal property.
- Right to equal treatment under law in regards to persons and property.
14th Amendment (1868):
- Prohibits states from:
- Abridging privileges or immunities of U.S. citizens.
- Depriving anyone of life, liberty, or property without due process of law.
- Denying equal protection of the laws to anyone in its jurisdiction.
- Grants Congress the authority to enforce these provisions.
The Slaughterhouse Cases:
- Justice Samuel Miller highlighted that the amendments aimed to protect newly freed slaves, ensuring political equality and civil rights.

Facts:
- Five cases combined to challenge the Civil Rights Act of 1875, which sought to prohibit discriminatory actions by private entities providing public services.
Court’s Ruling:
- Ruled the Civil Rights Act of 1875 unconstitutional because the 14th Amendment pertains only to actions by states, not individuals.
- Concluded that individual invasions of rights are not addressed by the Amendment.

Facts of the Case:
- Post the Compromise of 1877, Southern states enacted Jim Crow Laws which reinstated segregation.
- Louisiana’s “An Act to Promote the Comfort of Passengers” (1890) mandated segregated, but supposedly equal, accommodations.
- Homer Plessy, a light-complexioned man who was 1/8 black, was arrested for sitting in a white section of the train.
- Plessy claimed the law violated the 14th Amendment's Equal Protection Clause.
Court’s Ruling:
- Validated Louisiana’s law and established the Separate But Equal Doctrine which allowed segregation as long as the separate facilities were deemed equal.
- Determined that the primary goal of the 14th Amendment was to enforce equality before the law, not to abolish distinctions based on color or protect social equality.
- Described the regulation as reasonable, allowing state legislatures considerable discretion.
Justice Henry Billings Brown’s Remarks:
- Addressed concerns regarding the hierarchical perception of races and noted that any feelings of inferiority by the colored race were self-imposed.
Justice John Marshall Harlan’s Dissent:
- Argued against the idea of racial superiority, stating the Constitution was color-blind and declared all citizens equal before the law.

Distinction by SCOTUS:
- Differentiation between public (state) vs private (individual) discrimination.
Standard of Review:
- Rational Basis Test: states must demonstrate laws are rationally related to a legitimate public purpose.
- Resultant Requirement: Similarly situated people must be treated similarly under the law.
Purposeful Discrimination:
- Discrimination must be evident either from the law's face or through its application.