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How was legal segregation overcome
How was legal segregation overcome? (Include the Supreme Court cases concerning segregation and the legal strategy that worked to make segregation illegal) Unit 8 Cornell A:
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History (Review) 1865 slavery ends after the Civil War.
“R_____________” begins in the south. 13th, 14th, and 15th amendments were passed Federal laws passed to help integrated African Americans into American society By the 1890’s “reconstruction” was over and many states begin to adopt “Jim Crow” laws. Segregation is the way of life in the south now. How could this happen if there are federal laws in place to prevent discrimination?
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I. The Background of Legal Segregation
1890’s: PLESSY v FERGUSON (1896) Supreme Court decision said that segregation does not violate the 14TH Amendment (equal rights amendment) = segregation is not DISCRIMINATION so long as “equal” FACILITIES are also available to Blacks (this is the SEPARATE but EQUAL Doctrine) Based on this court decision states passed “JIM CROW” laws = laws aimed at SEPERATION of races
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Examples: See pg 701 (“Plessy v. Ferguson”)
__________________________________ Many states require segregation in schools – where? (see map pg. 701) Other states had no laws prohibiting or requiring segregation – which was California ? ___________________ (see map pg. 701)
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WWII: What 3 ways did the war help start the modern Civil Rights Movement ?
Pg. 702 1.________________________________________________________________________ 2.________________________________________________________________________ 3.________________________________________________________________________
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II. Legal Cases that Overcome Segregation
Key organization: National Association for ADVANCEMENT of COLORED People (NAACP); this organization had a special LEGAL office of lawyers to work on segregation cases. Key people: pg. 702 Charles HOUSTON Who was he? _______________________________________________________________________________________ Thurgood MARSHALL Who was he ? ______________________________________________________________________________________
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Example: 1950 SWEATT v PAINTER =
state supported (funded) LAW schools must admit black students. 1954: BROWN v Board of EDUCATION (Topeka) = NAACP finally eliminates SEPERATE but EQUAL, and all schools must INTEGRATE = include whites & blacks together. See Chief Justice Warren’s statement and explain why the court overturned the Plessey decision ? Pg.708____________________________________________________________________________________
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III. Legal Strategy (See Video handout for “Simple Justice”)
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IV. Resistance to Integration
There was resistance to the Brown decision: over 99 southern members of Congress issued the “Southern MANIFESTO” = called on the states to resist “by ALL LEGAL MEANS”.
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IV. Resistance to Integration
The “Little ROCK NINE” Crisis = When nine Black students are physically threatened when attempting to attend CENTRAL High School in Little Rock, ARKANSAS President EISENHOWER must enforce the Brown decision with federal MILITARY.
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IV. Resistance to Integration
This crisis also showed the need for FEDERAL laws to enforce integration 1957 Congress passed the CIVIL RIGHTS Act that gave the US Attorney General powers to enforce school integration.
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