1. Constitutional rights
Equality
Good morning .
I am going to hand out two sheets of paper
this one is blank, please fold it, then write your first name on it, large enough that I can see it and put that on your desk
this one contains information about the course
I will also give you the course handout.
This is the legal English class for L3 students and this is a Level 1 Group.
I am Mrs Raineau, and at the top of the sheet you will see my address and the address of my website. I'll say more about that later.

2. The Declaration of Independence July 4th 1776
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
These words may be familiar to you?
They are maybe the most famous words of the Declaration of Indepencence, written by the US colonies fighting for their independence from the British
These are very potent words, and right at the heart of it is them is this idea that all men are created equal.

3. I. A promise unfulfilled
Independence to the Civil War
Unfortunately, when the US achieved independence it did not fulfil this promise of equality

4. The US did not fulfil this promise of equality
The US Constitution
the three-fifths clause
only white men could vote
slavery was not forbidden (and continued to fuel the economies of Southern states).
Firstly the US Costitution itself failed to ensure equality
The Constitution as you may remember from last year contained the "three-fifths" clause* ? which meant when the population of a state was counted to decide how many representatives it should have in Congress, only 3/5 of the black population was taken into account.
only white men could vote
slavery was not forbidden (and continued to fuel the economies of Southern states)

5. The Dred Scott case (1857)
The US Supreme Court held that black people:
could never be citizens of the USA
were “so far inferior, that they had no rights which the white man was bound to respect”.
The US Supreme Court also failed to act
The Dred Scott case (1857) involved a black slave who tried to gain his freedom.
In its judgment, the SC court held that black people:
could not be citizens of the USA >regardless of whether they were slaves or freed men
In its judgment, court held that Blacks were “so far inferior, that they had no rights which the white man was bound to respect”.
This decision today is often referred to as the SC’s worst ever decision. It caused immense anger, and was one of the events which led to the American civil war.

6. The Civil War (1861-65)was fought on the issue of slavery
After the Union’s victory, three important amendments to the US Constitution were passed
13th, 14th, 15th amendments
Aimed to finally achieve racial equality
As you know The Civil War ( )was fought principally on the issue of slavery
It pitted the Union, the North who were anti-slavery, against the Confederacy, the South
After the Union’s victory, three important amendments to the US Constitution were passed
13th, 14th, 15th amendments
The aim of tehse amendments was to finally achieve racial equality in the US

7. II.The Reconstruction Amendments
These amenedments arr known as the Reconstruction Amendments – Reconstruction is the period after the US Civil War

8. The 13th amendment (1865) abolished slavery

9. But in the south, newly-freed slaves were still subject to violence and discrimination
But in the south, newly-freed slaves were subject to violence and discrimination .
Freed slaves suffered beating and lynchings.
This the time that the Klu Klux Klan started – organization which aimed to subjugate black population through violence.
And the southern States didn’t protect the freed slaves or their supporters.
Indeed state and local law officers were often part of the problem, they were involved in this violence against the freed slaves, or they ignored it.
The state courts were biased, it was often impossible for blacks to get any kind of justice in state courts.

10. As a result, Congress introduced the 14th Amendment (1868)
Aim was to protect freed slaves by curtailing the power of the states
Stated that everyone born in the USA was a citizen
Allowed citizens to file suit against a state which had violated their rights in a federal court
Why?
Aim was to protect freed slaves by curtailing/limiting the power of the states
Stated that everyone born in the USA was a citizen > regardless of their race > overturned the Dred Scott decision
Allowed citizens to file suit against a state which had violated their rights in a federal court > gave freed slaves a legal tool to uphold their rights

11. The 14th Amendment (1868) Section1:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
This is a very important amendment for this year’s course, so look in a bit more detail
It is on your handout
black Americans are citizens of the USA, and of their state > African Americans
2) What does this mean? States can’t reduce the rights of these citizens – not only are Afriocan-Americans citizens but their rights can’t be reduced
3) What does this mean? The state can’t remove someone’s life, liberty or property unless they follow correct legal procedures
4) What does this mean? All persons are entitled to be treated equally , equal protection under the laws
Yous houdl also know that The 14th amendment also explictly repealed the 3/5 clause.

12. The 15th Amendment (1870)
Granted African American men the right to vote.
Finally the The 15th Amendment gave african americans voting rights
So the aim was racial equality

13. The 14th and 15th amendments were initially ineffective
“Jim Crow laws”:
established racial segregation
restricted the civil and voting rights of African Americans.
In Plessy v Ferguson (1896) the USSC upheld segregation
Howver, although slavery was abolished, the 14th and 15th amendment were initially ineffective
They failed to bring racial equality
In the south laws known as “Jim Crow laws:” established racial segregation > meaning that blacks and whites had different schools, drank at different water fountains and were separated in public areas.
These laws also restricted the civil and voting rights of African Americans in southern states
Furthermore In Plessy v Ferguson (1896) the USSC itself upheld segregation, holding that it meant that although the races were “separate” they were treated “equally”. Again, today this is seen as a very bad decision today, not least because in almost all areas, the facilities provided for blacks were much inferior to those provided for whites

14. III: The twentieth century
The 14th amendment was used to fight inequality
However, in the second hamlf of the twentieth century, The 14th amendment was finally became a toll to fight inequality

15. The 14th amendment was used to fight segregation…
Brown v Board of Education (1954): the USSC held that school segregation violated the Equal Protection Clause (14th Amendment)
The 14th amendment was used to fight segregation…
In Brown v. Board of Education of Topeka (1954) , Plessy was overturned and that the Supreme Court ruled that racial segregation in schools violated the Equal Protection Clause of the 14th amendment. Very famous case.
While the civil rights movement fought for greater racial equality, leading to equality laws being passed in Congress, During the 60s the USSC using the EPC struck down racist laws and made decisions in support of racial equality.

16. …and other forms of discrimination
laws discriminating on the basis of sex were also struck down using the Equal Protection Clause
The 14th amendment was also used to fight other forms of discrimination
laws discriminating on the basis of sex, which favoured men or women without adequate justification, were also struck down using the Equal Protection Clause
And as society changes, the legal issues relating to equality change too
In recent years there has been a new controversy in the US relating to the EPC?
Does the EPC mean that there is a constitutional right to same sex marriage?