A Conversation with John Hope Franklin
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Supreme Court of the United States
No. 16-111 In the Supreme Court of the United States MASTERPIECE CAKESHOP, LTD., et al., Petitioners, v. COLORADO CIVIL RIGHTS COMMISSION, et al., Respondents. ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF COLORADO BRIEF FOR LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW, ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND, CENTER FOR CONSTITUTIONAL RIGHTS, COLOR OF CHANGE, THE LEADERSHIP CONFERENCE OF CIVIL AND HUMAN RIGHTS, NATIONAL ACTION NETWORK, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NATIONAL URBAN LEAGUE AND SOUTHERN POVERTY LAW CENTER AS AMICI CURIAE SUPPORTING RESPONDENTS KRISTEN CLARKE ILANA H. EISENSTEIN JON GREENBAUM Counsel of Record DARIELY RODRIGUEZ COURTNEY GILLIGAN SALESKI DORIAN SPENCE ETHAN H. TOWNSEND LAWYERS’ COMMITTEE PAUL SCHMITT FOR CIVIL RIGHTS UNDER LAW ADAM STEENE 1401 New York Avenue JEFFREY DEGROOT Washington, D.C. 20008 DLA PIPER LLP (US) (202) 662-8600 One Liberty Place 1650 Market Street, Suite 4900 Philadelphia, PA 19109 (215) 656-3300 [email protected] Counsel for Amici Curiae 276433 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF APPENDICES ......................iii TABLE OF CITED AUTHORITIES ..............iv INTEREST OF AMICI CURIAE ..................1 SUMMARY OF ARGUMENT .....................2 ARGUMENT....................................4 I. Civil Rights Laws Have Played an Integral Role in Rooting Out Discrimination in Public Accommodations .....................4 II. This Court Has Emphatically Upheld State and Federal Public Accommodation Laws Against Free Speech Challenges and Colorado’s Law Should Be No Different .......8 A. Masterpiece’s attempt, supported by the federal government, to create a new exception to public accommodation laws fails .............................12 B. The federal government’s attempt to distinguish this case based on sexual orientation also fails ...................18 ii Table of Contents Page III. -
University Microfilms Copyright 1984 by Mitchell, Reavis Lee, Jr. All
8404787 Mitchell, Reavis Lee, Jr. BLACKS IN AMERICAN HISTORY TEXTBOOKS: A STUDY OF SELECTED THEMES IN POST-1900 COLLEGE LEVEL SURVEYS Middle Tennessee State University D.A. 1983 University Microfilms Internet ion elæ o N. Zeeb Road, Ann Arbor, Ml 48106 Copyright 1984 by Mitchell, Reavis Lee, Jr. All Rights Reserved Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. PLEASE NOTE: In all cases this material has been filmed in the best possible way from the available copy. Problems encountered with this document have been identified here with a check mark V 1. Glossy photographs or pages. 2. Colored illustrations, paper or print_____ 3. Photographs with dark background_____ 4. Illustrations are poor copy______ 5. Pages with black marks, not original copy_ 6. Print shows through as there is text on both sides of page. 7. Indistinct, broken or small print on several pages______ 8. Print exceeds margin requirements______ 9. Tightly bound copy with print lost in spine______ 10. Computer printout pages with indistinct print. 11. Page(s)____________ lacking when material received, and not available from school or author. 12. Page(s) 18 seem to be missing in numbering only as text follows. 13. Two pages numbered _______iq . Text follows. 14. Curling and wrinkled pages______ 15. Other ________ University Microfilms International Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. BLACKS IN AMERICAN HISTORY TEXTBOOKS: A STUDY OF SELECTED THEMES IN POST-190 0 COLLEGE LEVEL SURVEYS Reavis Lee Mitchell, Jr. A dissertation presented to the Graduate Faculty of Middle Tennessee State University in partial fulfillment of the requirements for the degree Doctor of Arts December, 1983 Reproduced with permission of the copyright owner. -
MICHAEL PERMAN Brief Resume Education: B.A. Hertford College
MICHAEL PERMAN Brief Resume Education: B.A. Hertford College, Oxford University, 1963. M.A. University of Illinois at Urbana-Champaign, 1965. Ph.D. University of Chicago, 1969 (adviser: John Hope Franklin). Academic Positions: 1967-68. Instructor in History, Ohio State University. 1968-70. Lecturer in American Studies, Manchester University, U.K. 1970-74. Assistant Professor of History, University of Illinois at Chicago. 1974-84. Associate Professor of History, UIC. 1984- . Professor of History, UIC. 1990- . Research Professor in the Humanities, UIC. 1997-2000. Chair, Department of History, UIC. 2002-03. John Adams Distinguished Professor of American History, Utrecht University, Netherlands. Publications: A. Books. Reunion Without Compromise: The South and Reconstruction, 1865-1868. New York: Cambridge University Press, 1973 (also in paperback). The Road to Redemption: Southern Politics, 1869-1879. Chapel Hill: University of North Carolina Press, 1984 (also in paperback). Emancipation and Reconstruction. A volume in the American History Series. Arlington Heights, IL: Harlan Davidson Inc, 1987 (paperback only). Second edition, 2003. Struggle for Mastery: Disfranchisement in the South, 1888-1908. Chapel Hill: University of North Carolina Press, 2001 (also in paperback). Pursuit of Unity: A Political History of the American South. Chapel Hill: University of North Carolina Press, 2009 (paperback, 2011). The Southern Political Tradition. Baton Rouge: Louisiana State University Press, 2012 (also in paperback). B. Edited Books. Perspectives on the American Past: Readings and Commentary. Two Volumes. Scott, Foresman/HarperCollins, 1989. Revised 2nd. edition: D.C. Heath/ Houghton Mifflin, 1995. Major Problems in the Civil War and Reconstruction. D.C. Heath, 1991. Revised 2nd. edition, Houghton Mifflin, 1998. -
Badges of Slavery : the Struggle Between Civil Rights and Federalism During Reconstruction
University of Louisville ThinkIR: The University of Louisville's Institutional Repository Electronic Theses and Dissertations 5-2013 Badges of slavery : the struggle between civil rights and federalism during reconstruction. Vanessa Hahn Lierley 1981- University of Louisville Follow this and additional works at: https://ir.library.louisville.edu/etd Recommended Citation Lierley, Vanessa Hahn 1981-, "Badges of slavery : the struggle between civil rights and federalism during reconstruction." (2013). Electronic Theses and Dissertations. Paper 831. https://doi.org/10.18297/etd/831 This Master's Thesis is brought to you for free and open access by ThinkIR: The University of Louisville's Institutional Repository. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of ThinkIR: The University of Louisville's Institutional Repository. This title appears here courtesy of the author, who has retained all other copyrights. For more information, please contact [email protected]. BADGES OF SLAVERY: THE STRUGGLE BETWEEN CIVIL RIGHTS AND FEDERALISM DURING RECONSTRUCTION By Vanessa Hahn Liedey B.A., University of Kentucky, 2004 A Thesis Submitted to the Faculty of the College of Arts and Sciences of the University of Louisville in Partial Fulfillment of the Requirements for the Degree of Master of Arts Department of History University of Louisville Louisville, KY May 2013 BADGES OF SLAVERY: THE STRUGGLE BETWEEN CIVIL RIGHTS AND FEDERALISM DURING RECONSTRUCTION By Vanessa Hahn Lierley B.A., University of Kentucky, 2004 A Thesis Approved on April 19, 2013 by the following Thesis Committee: Thomas C. Mackey, Thesis Director Benjamin Harrison Jasmine Farrier ii DEDICATION This thesis is dedicated to my husband Pete Lierley who always showed me support throughout the pursuit of my Master's degree. -
Civil Rights and the Negro, 1875-1900
Eastern Illinois University The Keep Plan B Papers Student Theses & Publications 1-1-1964 Civil Rights and the Negro, 1875-1900 Charles H. Karr Follow this and additional works at: https://thekeep.eiu.edu/plan_b Recommended Citation Karr, Charles H., "Civil Rights and the Negro, 1875-1900" (1964). Plan B Papers. 400. https://thekeep.eiu.edu/plan_b/400 This Dissertation/Thesis is brought to you for free and open access by the Student Theses & Publications at The Keep. It has been accepted for inclusion in Plan B Papers by an authorized administrator of The Keep. For more information, please contact [email protected]. CIVIL lUGH'l'S Al:W THE NEGRO, 1875-1900 (TITLE) BY Charles H. Karr PLAN B PAPER SUBMITIED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE MASTER OF SCIENCE IN EDUCATION AND PREPARED IN COURSE Constitutional History of the United States since 1800 IN THE GRADUATE SCHOOL, EASTERN ILLINOIS UNIVERSITY, CHARLESTON, ILLINOIS 1964 YEAR I HEREBY RECOMMEND THIS PLAN B PAPER BE ACCEPTED AS FULFILLING THIS PART OF THE DEGREE, M.S. IN ED. (f2 £A ;/c/61: DATE ( 1 CIVIL RIGHTS ~ !!!! NIDRD, 1875-1900 The only attempt by Congress to guarantee the civil rights of Negroes during the period of 187.5-1900 was through the Civil Rights Act of 1875. It began when Senator Charles Sumner of Massachusetts offered an amendment to the anmesty act in 1872 forbidding discrimination against Negroes in certain public places and elsewhere. This was defeated in the Senate 29 to 30. The Senate on December 11 , 1872 passed over a bill of s:iI!lilar intent. -
AND the CIVIL RIGHTS GASES of 188B3 in PARTIAL FULFILLMENT
GEORGIA'S REACTION TO THE CIVIL RIGHTS ACT OF 1875 AND THE CIVIL RIGHTS GASES of 188B3 A THESIS SUBMITTED TO THE FACULTY OF ATLANTA UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS BY CAROLYN IONA WHITE DEPARTMENT OF HISTORY ATLANTA, GEORGIA JULY 1971 \ V TABLE OF CONTENTS Page INTRODUCTION 1 Chapter I. THE PASSAGE OP THE CIVIL RIGHTS ACT OF 1875 7 II. GEORGIA'S REACTION TO THE PASSAGE OF THE CIVIL RIGHTS ACT OF 1875 18 III. GEORGIA'S REACTION TO THE CIVIL RIGHTS CASES OF 1883 25 CONCLUSION 35 APPENDICES 37 BIBLIOGRAPHY 41 ii INTRODUCTION The era beginning with the end of the Civil War and lasting until 1883 marks a very distinctive period in the history of blacks in America. "It opened with the collapse of the slave system, and closed with a Su preme Court decision that killed federal legislation designed to confer upon a lately emancipated people the political, civil, and social status that only free whites had hitherto enjoyed." The problem of reconstruction began immediately after the first shot of the Civil War was fired. No one in the North, from the President 2 on down, had any doubt that the South would eventually be defeated. Abraham Lincoln had one of his first opportunities to test his ideas on reconstruction with New Orleans, which fell into the hands of the Union army early in the war. By 1863 Lincoln felt that the war had progressed far enough for him to issue a Proclamation of Amnesty for ex-Confederates who would pledge their allegiance to the federal government. -
Section IV. for Further Reading
Section IV. For Further Reading 97 Books Abbott, Martin. The Freedmen’s Bureau in South Carolina, 1865-1872. Chapel Hill: University of North Carolina Press, 1967. African American Historic Places in South Carolina . Columbia: South Carolina Department of Archives and History, March 2007. Anderson, Eric and Alfred A. Moss, Jr., eds. The Facts of Reconstruction: Essays in Honor of John Hope Franklin. Baton Rouge: Louisiana State University Press, 1991. Baker, Bruce E. What Reconstruction Meant: Historical Memory in the American South. Charlottesville: University of Virginia, 2007. Bethel, Elizabeth Ruth. Promiseland: A Century of Life in a Negro Community. Philadelphia: Temple University Press, 1981. Bleser, Carol K. Rothrock. The Promised Land: The History of the South Carolina Land Commission, 1869-1890. Columbia: University of South Carolina Press, 1969. Brown, Thomas J., ed. Reconstructions: New Perspectives on the Postbellum United States . New York: Oxford University Press, 2006. Bryant, Lawrence C. South Carolina Negro Legislators. Orangeburg: South Carolina State College, 1974. Budiansky, Stephen. The Bloody Shirt: Terror after Appomattox. New York: Viking, 2008. Edgar, Walter. South Carolina: A History. Columbia: University of South Carolina Press, 1998. Edgar, Walter, ed. The South Carolina Encyclopedia. Columbia: University of South Carolina Press, 1998. Dray, Philip. Capitol Men: The Epic Story of Reconstruction through the Lives of the First Black Congressmen. Boston: Houghton Mifflin Co., 2008. Foner, Eric. Reconstruction: America's Unfinished Revolution, 1863-1877 . New York: Harper & Row, 1988. Franklin, John Hope. The Color Line: Legacy for the Twenty-First Century. Columbia: University of Missouri Press, 1993. Franklin, John Hope. Race and History: Selected Essays, 1938-1988. -
The Emancipation Proclamation, an Act of Justice
The Emancipation Proclamation An Act of Justice I I By John Hope Franklin hursday, January 1, 1863, was a bright, crisp day in the nation's capital. The previous day had been a strenu ous one for President Lincoln, but New Year's Day was to be even more strenuous. So he rose early. There was much to do, not the least of which was to put the finishing touches on the Emancipation Proclamation. At 1010:45:45 the document was brought to the White House by Secretary of State William Seward. The President signed it, but he noticed an error in the superscription. It read, "In testimony whereof I have hereunto set my name and caused the seal of the United States to be affixed." The President had never used that form in proclamations, always preferring to say "In testimony whereof I have hereunto set my hand...... ." He asked Seward to make the correction, and the formal signing would be made on the corrected copy. The traditional New Year's Day reception at the White House be gan that morning at eleven o'clock. Members of the cabinet and the diplomatic corps were among the first to arrive.arrive. Officers of the army and navy arrived in a body at half past eleven. The public was ad mitted at noon, and then Seward and his son Frederick, the assistant secretary of state, returned with the corrected draft. The rigid laws of etiquette held the President to his duty for three hours, as his secre taries Nicholay and Hay observed. -
By Leroy T. Hopkins, Jr., Phd President, African American Historical Society of South Central Pennsylvania June 2020
By Leroy T. Hopkins, Jr., PhD President, African American Historical Society of South Central Pennsylvania June 2020 1838: Pennsylvania State Constitution amended. Article III on voting rights read, in part: “ ith this action men of African descent in Pennsylvania were deprived of a right that many had regularly exercised. The response was W immediate. Some members of the Constitution’s Legislative Committee refused to set their signatures to the document on this exclusion, including State Representative Thaddeus Stevens of Gettysburg. Protest meetings were convened to petition the state legislature to remedy this wrong. Men from Lancaster County were involved in a number of those conventions, notably Stephen Smith and William Whipper, the wealthy Black entrepreneurs and clandestine workers on the Underground Railroad from the Susquehanna Riverfront community of Columbia. This publication commemorates some of the people of Lancaster County who endured generations of disenfranchisement, and who planned and participated in public demonstrations during the Spring of 1870 to celebrate the ratification of the 15th Amendment to the United States Constitution. The Amendment states: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Despite the amendment, by the late 1870s discriminatory practices were used to prevent Black people from exercising their right to vote, especially in the South. It wasn’t until the Voting Rights Act of 1965 that legal barriers were outlawed if they denied African-Americans their right to vote. ©—African American Historical Society of South Central Pennsylvania—June 2020 1 n important protest meeting was the convention held in Harrisburg in 1848. -
John Hope Franklin President American Historical Association
John Hope Franklin President American Historical Association 1979 John Hope Franklin, president of the American Historical Association, is the John Matthews Manly Distinguished Service Professor of History at the University of Chicago. He was born in .1915 in Rentiesville, Okla- homa, and attended the public schools of Tulsa. In 1935 he received the Bachelor of Arts degree in history, magna cum laude, from Fisk Univer- sity. He continued his education at Harvard University, where he re- ceived the MA and PhD degrees in 1936 and 1941 respectively. While at Harvard he held the Edward Austin Fellowship from the university and a fellowship from the Julius Rosenwald Fund. He has received postdoc- toral research grants from the President's Fund of Brown University, the Social Science Research Council, the John Simon Guggenheim Memo- rial Foundation, and the Center for Advanced Study in the Behavioral Sciences. Mr. Franklin has taught at Fisk University, St. Augustine's College, North Carolina College at Durham, and Howard University. In 1956 he became professor and chairman of the department of history at Brooklyn College. Since 1964 he has taught at the University of Chicago, where he served as history department chairman from 1967 to 1970. He was named John Matthews Manly Distinguished Service Professor in 1969. He has also served as visiting professor in several American universities, including Harvard University, the University of Wisconsin, Cornell University, the University of California at Berkeley, and the University of Hawaii. Abroad he has served twice as professor at the Salzburg Seminar in American Studies in Austria as well as visiting lecturer at the Seminar In American Studies at Cambridge University in England where, in 1962- 63, he was Pitt Professor of American History and Institutions. -
A Concise History of the United States of America Susan-Mary Grant Index More Information
Cambridge University Press 978-0-521-84825-1 - A Concise History of the United States of America Susan-Mary Grant Index More information Index Abenaki raids, 89–90 in United States generally, 5 Abolition movement voting rights in Mississippi, 347 American Colonization Society, 164 women, denial of right to vote to, formation of, 161–162 272 Free Soil Party, 164, 167f Agricultural Adjustment Act (AAA), 304 Northern perspective on, 162–164 Alabama, 174–176, 217, 349 post-Civil War, 192–194 Albany Plan of Union, post-Revolutionary War, 131 Albright, Madeleine, 2 Republicans, 164 Alexander VI, 12–13 Southern reaction to, 162, 163f Algonquians Abortion rights, 372f, 371–372, 373 adoption of English settlers by, 60 Abrams vs. United States, 422 relationship with Jamestown settlers, Act Concerning Religion (Toleration Act) 29–32, 45, 63–65 of 1649, 48–49 relationship with New England settlers, Act of Supremacy (1534), 14 52, 57–58, 89 Adams, John Quincy, 153 Alien and Sedition Acts of 1798, 129, Adams, Samuel, 139, 409–410 153–154 Addams, Jane, 262, 410–411 Al Qaeda, 376–377 Afghanistan War, 377 Altgeld, John P., 246f African-Americans. See also Slavery America First Committee, 310 Civil War exodus, 183–184 American Birth Control League (ABCL), Civil War motivations, 195 293–294 Federal Writers Project, 306 American Century incarceration of, 375–376 Luce on, 326–327 military service, WWI, 256–257, overview, 7–8 272–273 universal democratization in, 327 Moynihan Report, 371 American Civil Liberties Union (ACLU), perception of as degenerate, 273 294–295 police brutality towards in Mississippi, American colonies. -
Review Essay Protecting Civil Rights: a Critique of Raoul Berger's History
REVIEW ESSAY PROTECTING CIVIL RIGHTS: A CRITIQUE OF RAOUL BERGER'S HISTORY AvAm SOIFER* Every seven years since World War II, we have had not only clouds of locusts but also Great Debates among the Justices of the Supreme Court over the history of the Civil War amendments. The struggle for control of constitutional history surfaced in battles over the incorporation of the Bill of Rights,1 school desegregation, 2 liability for violation of civil rights,3 and private racial discrimination in 4 housing. The cycle was broken in 1975. 5 With characteristically excellent timing, 6 however, Raoul Berger brought forth another book at the * Professor of Law, University of Connecticut. B.A., 1969, Yale University. M.U.S., 1972, Yale University. J.D., 1972, Yale University. I gratefully acknowledge the assistance of my fellow Fellows in Law and Humanities at Harvard University in 1976-1977, and of my col- leagues, particularly those untenured at the time, at the University of Connecticut, for their demonstration that a community of scholars is a possibility. I See Adamson v. California, 332 U.S. 46, 51-54 (1947); id. at 61-67 (Frankfurter, J., con- curring); id. at 71-75 (Black, J., dissenting). 2 See Brown v. Board of Educ., 347 U.S. 483, 489-92 (1954). 3 See Monroe v. Pape, 365 U.S. 167, 171-91 (1961); id. at 194-201 (Harlan, J., concurring); id. at 225-37 (Frankfurter, J., dissenting). Although technically a debate over the reach of 42 U.S.C. § 1983, the majority and dissenting opinions are in fact full-scale analyses-from diver- gent viewpoints-of Reconstruction and the intended scope of the fourteenth amendment.