Con Law: Chapter 7 (Reconstruction Amendments)
In general, the 13th, 14th and 15th Amendments ____________ individual rights and imposed _______________ on _________________. 13th Amendment - 14th Amendment - 15th Amendment -
increased structural limits state sovereignty rights 13th Amendment - Abolished slavery 14th Amendment - 1) BIRTHRIGHT CITIZENSHIP States may not: a) Abridge privileges or immunities of US citizens b) Deprive life, liberty, or property without due process of law c) Deny equal protection of the laws 2) Misc. provisions about the former Confederacy House delegation reduced for states that do not give full suffrage to all males over 21 Section 5 Congressional power to enforce by appropriate legislation 15th Amendment - The right of citizens to vote cannot be abridged due to race, color or past servitude. Congress can legislate to enforce.
What was the Fugitive Slave Clause?
(Since been repealed) In the Constitution, Article IV, S. 2: If a slave escapes into another state, it doesn't make him free. He shall be delivered back to his owner.
What happened with the passage of the 13th Amendment?
1. Ends slavery 2. Gives Congress power to pass laws that enforce no slavery • Overrules Dred Scott 3. But the Southern states only interpreted the 13th Amendment as ending legalized slavery, but not giving full citizenship to former slaves a. Black Codes - laws that suppressed the blacks 4. Non-governmental level violence a. KKK, white vigilants
What individual rights were upheld in Dred Scott?
5h Amendment Right Against Deprivation of Property Without Due Process of Law Unenumerated Right to Own Slaves
Why was the Civil Rights Act of 1965 not overruled for the same reason the Civil Rights act of 1875 was?
Because the CRA of 1875 - used power of the 14th Amendment (which only applies to states, per Civil Rights cases) The CRA of 1965 - used power of the Commerce Clause, arguing that discrimination has a substantial negative effect on interstate commerce.
What two other cases showed the Privileges and Immunities Clause had a very narrow scope and would not apply to individual rights?
Bradwell v Illinois: the right to practice law was not a privilege or immunity of citizens of the US Minor v Happersett: the right to vote was not a privilege or immunity of citizens of the US. The Constitution does not confer the right to vote on anyone.
What did Congress pass after the 13th Amendment to try to heal the effects of racism?
Civil Rights Act of 1866 Citizens of every race have equal benefit of the laws, including rights; 1. Designed to dismantle the Black Codes and reduce vigilantism. a. All citizens had the right to make Ks, enforce rights in court, own property, and to enjoy the "full and equal benefit of all laws" to the same extent "as is enjoyed by white citizens."
What were the provisions of the Civil Rights Act of 1866?
Civil Rights Act of 1866: Citizens of every race have equal benefit of the laws, including rights: to own property, to make contracts, to enforce rights in court. OKE
What was the case that held that slaves could never be citizens of the US?
Dred Scott v Sanford (Dred Scott decision)• Dred and Harriet Scott were slaves. Their owner took them into the Minn territory and acc. to Minn law, if the owner takes him voluntarily into free territory → slave is free. • Territory north and west of MO would be free (no slavery allowed) • Dred Scott filed his case in fed ct bc of diversity jdx o SC said this is NOT a valid diversity case, bc 1) Descendants of African slaves CAN NEVER be citizens of a state bc they are inferior (purposes of Art. III) total racism 2) Slaves cannot be citizens under Art. III, and Dred Scott is still a slave bc Congr could not declar Minn to be free territory (declaring that Congress does NOT have the power to create free territory) o Art. IV, §3 enumerated power allows Congress to make "rules and regulation for US territories". SC said that it would be a 5th Amend VIOLATION against slave owners.
What did Congress do after it overrided President Johnson's veto of the Civil Rights Act of 1866?
It passed the 14th Amendment of the Constitution! 14th Amendment (1866-68) 1. All persons born or naturalized in the US are CITIZENS of the US and of the state where they reside 2. No state shall: abridge privileges of citizens, deprive any person of life, liberty or property w/o DP; or deny any person EP. (Strauder and Yick Wo - good examples of cases that used 14th Amend) 3. Two related meanings of "State action" a. In general - the constitution is the law governing the fed govt b. The constitution is NOT the law governing private persons 4. States may not abridge the privileges and immunities of US citizens (Slaughterhouse cases)
What SC justice wrote lone dissents for the Civil Rights Cases and Plessy v Ferguson?
John Marshall Harlan (grandfather of Justice John Marshall) said the legislation only conferred the black race the right to be citizens and whites are trying to have class tyranny.
What was the Civil Rights Act of 1875 and why was it novel and sweeping?
It didn't just cover civil and political rights (like right to vote), but was a public accommodations law. It regulated interactions btw PRIVATE individuals.
What was the holding of Shelley v Kraemer?
In granting judicial enforcement of the restrictive covenants, the States denied petitioners of equal protection of the laws. Rights guaranteed under the 14th Amendment are individual rights.
Does the 14th Amendment cover purely private agreements? What case considered this?
No. But the 14th Amendment prevents a STATE from enforcing, facilitating or encouraging private discrimination. Ex: Shelley v Kramer: Private covenant standing alone does not violate the 14th Amendment. But judicial enforcement does!
Can the 13th Amendment ban race discrimination by private individuals?
No. However, 13th Am. has no state action requirement - Congress can eliminate private slavery. Power in §2 allows Congress to ban slavery and the "badges and incidents of slavery." But Race discrimination by private parties is not a badge or incident of slavery.
Have the Civil Rights Cases been overturned?
No. They remain good law today, meaning that the 14th Amendment does NOT give Congress the authority to control the actions of PRIVATE citizens, only the ACTIONS of state/local govts ('state action') as performed by govt agents ('state actors').
What is the 'state action' rule under the 14th Amendment?
Only action by states (i.e., governments) can violate rights in 14th Am. §1 . Congress's enforcement power in 14th Am. §5 must be aimed at state action.
What case (since overruled) successfully denied an interracial couple from living together and sentenced them to hard labor?
Pace v Alabama: (1883) Black man & white woman lived together, but since they were BOTH sentenced to the same crime, the SC said it did not discriminate on the basis of race.
What case upheld segregation in railcars as not discriminatory? Who dissented?
Plessy v Ferguson (1896): P argued that enforced separation stamps the black race w/sign of inferiority, but SC held that it was not unreasonable (hence not discriminatory) for LA to segregate as long as it was equal. • The difference btw the law requiring separate train cars for races and a law separating train cars for hair color is REASONABLENESS. Every exercise of the police power must be reasonable. Judge Harlan: 'Everyone KNOWS the statute was to EXCLUDE colors from the white car. Whites don't want to sit in the black car bc its not as nice. There is NO caste here! Our Constitution is color blind!
What President was in office at the time of the Civil Rights Act of 1866? What did he do? What did Congress do in response?
President Andrew Johnson VETOED it, claiming it violated state sovereignty to decide civil rights (federalism arg) and exceeded constitutional authority, and discriminated against white people. He said Congress could end slavery, but could not enforce it. *Congress overrided his veto!
What case interpreted the Fugitive Slave Clause as a source of power for Congress to enact legislation and for an individual right of a citizen to recapture slaves?
Prigg v Pennsylvania: (1842) Because of a concern that slaves would escape to free states, the Federal Fugitive Slave Law was enacted to require slaves to be returned to their owners. Margaret moved to PA and her owner granted her freedom, but when he died, his heirs wanted her to return as a slave. The SC held that the PA law claiming a judicial process for slaves was unconstitutional and based on supremacy, the fed law reigned. It held there was a FUNDAMENTAL right to slave ownership and reclaiming escaped slaves and states could not interfere with that right.
Was there state action in Plessy v Ferguson? If so, what Amendment could cover this? What other Constitutional clause could have been argued?
Prof says YES! 14th Amendment: enumerated power in §5 (may not deprive any citizen of life, liberty or property w/o DP. Congressional power to enforce by appropriate legislation. Also, Congress could have used the enumerated power under the Commerce Clause (no separate railcars by race). 14th Amend says 'states' but Commerce Clause says can regulate about 'commerce' in general and thus could mean private individuals - and that's ok.
What three rights are not protected by the Privileges and Immunities Clause of the 14th Amendment?
Right to operate private slaughterhouses (1872) Right to practice law Right to vote
What case involved a state law that mandated all-white juries in criminal prosecutions?
Strauder v WV: SC declared it unconstitutional for black jurors NOT to be included in the jury pool. D had reason to believe that he could not have the full & equal benefit of all laws and proceedings as enjoyed by whites.
The SC in the late 19th century refused to recognize equal protection of the laws under the 14th Amendment to almost all cases, except for two. What are they?
Strauder v WV: all white jury pool denied EP Yick Wo v Hopkins: Chinese laundries denied EP by govt official using neutral ordinance
What is the only part of the Constitution that directly affects individual action?
The 13th Amendment banning slavery. Statutes banning human trafficking use this power.
What is an example of legislation that Congress DID pass that uses the 14th Amendment to ensure that states do not violate the equal protection of individuals?
The Klu Klux Klan Act of 1871, designed to prevent klansmen from intermingling w/local govt, said that any person acting under the 'color of state law' would be personally liable to the party injured. An action is taken 'under the color of state law' when it is performed by a state actor.
What was the first case to challenge the 14th Amendment?
The Slaughterhouse Cases (1872): Health and Safety law challenged by a group of New Orleans butchers. Bc of dumping carcasses in the river, the city chartered one central slaughterhouse downriver and banned private slaughtering throughout rest of city. P's argued that the butcher's right to pursue one's livelihood in location of his choosing was a "privilege or immunity" under 14th Amendment that LA could not infringe. By giving one corporation the sole right to operate the slaughterhouse was depriving all others of EP of the laws. Holding: SC said it was NOT the purpose of the 14th amdn to txfr the security and protection of civil rights to the fed govt. Thus, Ct said to "ignore the Privileges or Immunities Clause" of the 14th amendment bc it is a very small category. Still holds.
How was Williams v Mississippi different from Strauder v WV?
They both involved all-white juries, but Strauder was FACIALLY discriminatory (only white men were eligible for jury duty). Williams v MS was FACIALLY NEUTRAL bc said that "only registered voters were eligible for jury duty" (only whites were registered voters bc the requirements were tough: pay poll tax + literacy test + no crime), so the court said it was not discriminatory.
What five cases comprised the Civil Rights Cases?
Two were hotels that refused to rent rooms to blacks. Two were theaters. One was a railroad case where the railroad would not allow a black woman, travelling with her light-skinned nephew, to ride in the ladies car (that had more comfortable seating + restroom) and forced her to ride in the smokers car. They said she must have been a prostitute bc she looked like she was with a white man (improper). Denied on the basis of race. SC held that Congress' power to forbid race discrimination did not extend to these ordinary examples of it. Thus, the Ps should seek redress under the laws of the State. (Called blacks the 'special favorite' of the laws)
What is an example of a case that convicted farmers of involuntary servitude under the 13th Amendment?
US v Kozminski: upheld conviction of farmers who held farm laborers w/ intellectual disabilities in a condition of involuntary servitude
Does the ct in Plessy consider the 13th or 14th Amendments?
Yes, but disregards. Plessy court held: 13th Amend: Does not apply bc the statute does not destroy the legal equality of the two races or try to reestablish slavery. 14th Amend: Does not apply bc of Precedence - Ex: separate schools are valid even in states where the rights of the colored have been enforced (MA).
What case involved a city ordinance that was not discriminatory on its face, but as applied?
Yick Wo v Hopkins: SF city ordinance required all laundries operating in wooden bldgs to obtain a permit. 200 Chinese laundries were rejected permits (per the will of the city official) while 80 white laundries received them. No justification was given, so the ct concluded that it was illegal discrimination, denied equal protection of the laws under the 14th Amendment.
Intentionally discriminatory ___________ of officials, just like ___________ could violate equal protection.
actions intentionally discriminatory statutes
Thus, when using the 14th Amendment, Congress must aim its legislation at ______ action, not ________ action.
state private
