This website uses cookies to ensure you have the best experience. Learn more

The Supreme Court And Personal Civil Rights

1224 words - 5 pages

I. "Our constitution is colorblind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” – Justice John Harlan, in his dissenting opinion in the case Plessy v. Ferguson. (History of Brown v. Board of Education) The US Supreme Court has evolved to promote new personal civil rights for African-Americans, ultimately creating a more racially equal society.
II. The first way that the Supreme Court has promoted personal civil rights is its decisions relating to school segregation.
a. Under Chief Justice Earl Warren, the Supreme Court consistently upheld the rights of African-American students who faced discrimination when pursuing their education.
i. In 1950, the Court ruled that universities could not force black students to eat meals separately from white students in McLaurin v. Oklahoma Board of Regents. (History of Brown v. Board of Education)
ii. In 1954, the Court unanimously ruled that school segregation was unconstitutional in the landmark case Brown v. Board of Education. (History of Brown v. Board of Education)
iii. The Brown decision reversed the “separate but equal” doctrine set forth in a previous 1896 decision, Plessy v. Ferguson. (Law and African Americans: After the Civil War)
b. After the Brown decision, a policy emerged in the South known as “massive resistance”, its sole purpose being to delay or reverse school desegregation. (Massive Resistance)
i. Led by Virginia Senator Harry Byrd, the massive resistance movement espoused the “Southern Manifesto”, which, in part, insinuated that states had the right to segregate schools. (Massive Resistance)
ii. In 1958, Byrd called for Virginia schools to be closed rather than integrated. (Massive Resistance)
c. In its decisions about integrated education, the Supreme Court made it clear that segregation had no place in the United States, legally nor morally. Contrastingly, the massive resistance movement’s rhetoric is largely made up of a “because we can” attitude; the movement fails to consider the moral inequity of segregation. Ultimately, the Supreme Court evolved to create a more racially equal society.
III. Another way that the Supreme Court has promoted personal civil rights is a 1967 decision on race and marriage rights.
a. In the case Loving v. Virginia, the Court unanimously ruled that Virginia’s miscegenation law forbidding interracial couples from marrying was unconstitutional. (Segregation and Desegregation)
i. In 1958, Mildred Jeter and Richard Loving were married in Washington, DC. They then moved to Virginia, where their marriage was then considered illegal. (Richard Perry LOVING Et Ux., Appellants, v. COMMONWEALTH OF VIRGINIA)
ii. In court, the couple pleaded guilty to violating Virginia’s miscegenation law, and was ordered to leave the state and not return for 25 years. (Richard Perry LOVING Et Ux., Appellants, v. COMMONWEALTH OF VIRGINIA)
iii. The Lovings appealed this decision, and the Supreme Court...

Find Another Essay On The Supreme Court and Personal Civil Rights

The Role of the Supreme Court in the Civil Rights Movement

1933 words - 8 pages The Supreme Court was important in both suppressing and aiding the Civil Rights Movement. However, decisions taken by the President, the continued white opposition and improvements in media communications also had an effect. Although all were important, the Civil Rights movement alone would have reached the same end without the help of the Supreme Court, and the devotion of its many members and leaders is the major factor in advancing Civil

Supreme Court Briefs - Civil Liberties, Cases and the First Amendment of the USA

1672 words - 7 pages Supreme Court Briefs - Civil Liberties The First Amendment gives United States citizens five distinct rights. One of which gives citizens the freedom of assembly. This right gives the individual right to come together and collectively express, promote, pursue and defend the common interest. There has been many Supreme Court cases that have defined this freedom for every citizen and the United States government. Edwards v. State of South

The Supreme Court Extends 2nd Amendment Rights to the States

1205 words - 5 pages The Supreme Court ruled on June 28th that the 2nd Amendment's protection of the right to bear arms applies on state and city levels. The 5-4 decision along ideological lines echoed 2008's decision to strike down DC's handgun ban, citing the 14th Amendment as a major factor in the decision to extend the federal right to own a hand gun for personal protection down to local levels. Though it officially returned McDonald v. City of Chicago to the

This essay is about Supreme Court Justice Earl Warren, Warren Court Justice, Civil Rights. 3pages, 623 words. No works Cited

633 words - 3 pages Warren took over as Chief Justice, justices who aligned with judicial activism and those who were in favor of judicial restraint divided the Supreme Court. One of Warren's goals was to renew the Supreme Courts role in defending individual rights.Warren presided over several civil rights landmark cases including Brown vs. Board of Education I and II, which would spark the great civil rights movement. Warren also presided over cases such as McGowan

Miranda Vs. Arizona. The Supreme Court decision detailed the principles governing police interrogation: The Miranda Rights

1505 words - 6 pages in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" (Amar). Simply stated, the Fifth Amendment outlines that anyone who is arrested in the United States has certain rights and privileges that should be spelled out for them at the time of the arrest.On June 13, 1966, the U.S. Supreme Court, in

The Supreme Court: Protector of Civil Liberties - UBC/ POLI 101 - Research paper

1964 words - 8 pages The Supreme Court: Protector of Civil Liberties The Supreme Court of Canada essentially acts as an interpreter of the constitution. They play a distinct role in upholding the constitution and the Charter of Rights and Freedoms, protecting the civil rights, liberties, and moral standards of our society. Such standards should not, in any way, be inclined towards the interests of any political group in Parliament. Oftentimes, the

Ten Supreme Court Decisions that Impacted the Reproduction Rights of Women

1456 words - 6 pages overview and timeline of these historic rulings. The American Civil Liberties Union has helped women breech the barriers of sexual repression, and has crusaded to help women win these reproductive rights and knowledge over the years since its founding in the repressed 1920's. In the decades following 1920 the ACLU has had an important role in influencing The Supreme Court into handing down decisions that led to the right of contraception, rights to

Legal Process Paper. Explain how the complaint begins with the EEOC and proceeds through the civil litigation process from the state level up to the United States Supreme Court

1204 words - 5 pages file a suit against the employer for violation of Title VII of the civil rights act of 1964.How the Complaint Begins with the EEOC and proceeds through the civil litigation process from the state level up to the United State Supreme Court:A Government organization has been created to protect all employees from being discriminated in the workplace. The name of this organization is called The Equal Employment Opportunity Commission or EEOC for

Personal Opinion Essay:The New Civil Rights Movement: A Fight for LGBTQIA Rights in the United States

1660 words - 7 pages . This banning of gay marriage, as argued by California, is unconstitutional under the Due Process Clause (Walker). A Supreme Court ruling stated that, “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause” (Strauss). The Due Process Clause is meant to guarantee the fair and equal treatment of United States citizens, primarily minority groups. The United States bans on gay

John Marshall and the Supreme Court

843 words - 3 pages Chief Justice John Marshall made the Supreme Court what it is today with the help of the case of Marbury vs. Madison. He wrote the decision for "the most monumental case ever decided by any court in any country" (Glennon). Judicial review, and Chief Justice John Marshall, earned the Supreme Court the respect and prestige it carries today. Marshall had several qualities that gave him the power and respect to succeed in making a

Child Pornography and the Supreme Court

611 words - 2 pages pedophiles to abuse children.   In a 1982 case, the Supreme Court said that child pornography, like obscenity, should not receive First Amendment protection because children were abused in its production. This case raises a bigger issue: whether the mere existence of pornographic images involving children is harmful even if no real children were involved in their creation.   The Free Speech Coalition, a group of adult

Similar Essays

The Supreme Court And Civil Rights

1147 words - 5 pages . “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact

The Role Of The Supreme Court, Government, Economics, And Protests In The Civil Rights Movement

1638 words - 7 pages There were four different elements that contributed to the success of the Civil Rights Movement: the Supreme Court, the Government, the economic situation of the time, and the protests of the movement. The role, which the Supreme Court's played in the success of the civil rights movement, was essentially one of neutrality. The Supreme Court ordered the segregation of schools and other public facilities, known as the policy of separate but equal

Supreme Court And Women's Rights Essay

1936 words - 8 pages district court and the three-judge panel said that the law violated Roe’s rights. They did not issue an injunction that would have spread the ruling to all pregnant women in Texas. In the Supreme Court, the case was argued on December 13, 1971 and was reargued on October 11, 1972. The decision was delivered on January 22, 1973. In a 7-2 opinion, the Court decided that “a pregnant woman can have an abortion for the first three months without the

The Voting Rights Act Of 1965 And The Supreme Court

765 words - 4 pages citizen, one vote- living on in our 21st century, they can write to their representative to the U.S State House of Representative and the senate or by visiting Works Cited • "Civil Rights Division Section 5 Resource Guide." Civil Rights Division Section 5 Resource Guide. N.p., n.d. Web. 16 Dec. 2013. . • Liptak, Adam. "Supreme Court Invalidates Key Part of Voting Rights Act