The Union Reconstructed
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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. -
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. -
Chapter 15 Reconstruction 1865–1877
Chapter 15 Reconstruction 1865–1877 Teaching Resources 4. As some African Americans began to agi- tate for political rights, congressional Re- Chapter Instructional Objectives publicans proposed the Wade-Davis Bill, a stricter substitute for Lincoln’s Ten Percent After you have taught this chapter, your students Plan, which laid down, as conditions for should be able to answer the following questions: the restoration of the rebellious states to 1. How did Presidents Lincoln and Johnson envision the Union, an oath of allegiance by a ma- Reconstruction? jority of each state’s adult white men, new state governments formed only by those 2. How and why did Republicans in Congress take who had never carried arms against the control of Reconstruction? Union, and permanent disfranchisement 3. What did African Americans expect after the Civil of Confederate leaders. War? What were the realities they encountered 5. The Wade-Davis Bill served notice that during Reconstruction? congressional Republicans were not going to turn Reconstruction policy over to the 4. What was the southern response(s) to Reconstruc- president. tion? 6. Rather than openly challenge Congress, 5. Why did a political crisis emerge in 1877? How did Lincoln executed a pocket veto of the it shape Reconstruction? Wade-Davis Bill by not signing it before Congress adjourned. 6. What were the successes and failures of Recon- 7. Lincoln also initiated informal talks with struction? congressional leaders aimed at finding common ground; Lincoln’s successor An- Chapter Annotated Outline drew Johnson, however, held the view that Reconstruction was the president’s prerog- I. Presidential Reconstruction ative. -
Reconstructing the Republic, 1865-1877
Volume 1 Building the American Republic A Narrative History to 1877 Harry L. Watson The University of Chicago Press ChiCago and London This is volume 1 of a two-volume narrative history of America by Harry L. Watson and Jane Dailey. Volume 1 is written by Watson; volume 2 is written by Dailey. To read digital editions of both volumes and more, please visit buildingtheamericanrepublic.org. The University of Chicago Press, Chicago 60637 The University of Chicago Press, Ltd., London © 2018 by Harry L. Watson All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission, except in the case of brief quotations in critical articles and reviews. For more information, contact the University of Chicago Press, 1427 East 60th Street, Chicago, IL 60637. Published 2018 Printed in the United States of America 27 26 25 24 23 22 21 20 19 18 1 2 3 4 5 iSBn- 13: 978- 0- 226- 30048- 1 (cloth) iSBn- 13: 978- 0- 226- 30051- 1 (paper) iSBn- 13: 978- 0- 226- 30065- 8 (e- book) doi: 10.7208/chicago/9780226300658.001.0001 Library of Congress Cataloging-in-Publication Data Names: Watson, Harry L. | Dailey, Jane Elizabeth, 1963– Title: Building the American republic. Description: Chicago ; London : The University of Chicago Press, 2018. | Includes bibliographical references and index. Identifiers: lccn 2017026856 | isbn 9780226300481 (vol. 1 ; cloth : alk. paper) | isbn 9780226300511 (vol. 1 ; pbk. : alk. paper) | isbn 9780226300658 (vol. 1 ; e-book) | isbn 9780226300795 (vol. 2 ; cloth : alk. paper) | isbn 9780226300825 (vol. 2 ; pbk. : alk. paper) | isbn 9780226300962 (vol. -
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. -
Politics As a Sphere of Wealth Accumulation: Cases of Gilded Age New York, 1855-1888
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 10-2014 Politics as a Sphere of Wealth Accumulation: Cases of Gilded Age New York, 1855-1888 Jeffrey D. Broxmeyer Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/407 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] POLITICS AS A SPHERE OF WEALTH ACCUMULATION: CASES OF GILDED AGE NEW YORK, 1855-1888 by Jeffrey D. Broxmeyer A dissertation submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York. 2014 © 2014 JEFFREY D. BROXMEYER All Rights Reserved ii This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. PROFESSOR FRANCES FOX PIVEN ___________ ________________________________ Date Chair of Examining Committee PROFESSOR ALYSON COLE ___________ ________________________________ Date Executive Officer PROFESSOR JOE ROLLINS __________________________________ Supervisory Committee PROFESSOR JOSHUA FREEMAN __________________________________ Supervisory Committee THE CITY UNIVERSITY OF NEW YORK iii Abstract POLITICS AS A SHPERE OF WEALTH ACCUMULATION: CASES OF GILDED AGE NEW YORK, 1855-1888 by Jeffrey D. Broxmeyer Adviser: Professor Frances Fox Piven This dissertation examines political wealth accumulation in American political development. Scholars have long understood the political system selects for “progressive ambition” for higher office. -
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. -
Alfred L. Brophy1 During the Fiftieth Anniversary of the Civil Rights Act Of
THE CIVIL RIGHTS ACT OF 1964 AND THE FULCRUM OF PROPERTY RIGHTS 1 Alfred L. Brophy During the fiftieth anniversary of the Civil Rights Act of 1964, much of the discussion is about the origins of the Act in the ideas and actions of the African American community and of the future possibilities of the Act. This essay returns to the Act to look seriously at those who opposed it and at their critique of the Act’s effect on property rights. That is, this looks at the property law context of the Act and the criticism that the Act would dramatically affect property rights. In contrast to those who favored the Act and, thus, wanted to make the Act look as modest as possible, this retrospective suggests that, in fact, the Act had an important effect on property rights in the United States. That is, it was part of democratizing property and rebalancing the rights of property owners and of non-owners in ways that are long-lasting and important. The supporters of the Civil Rights Act of 1964's guarantee of equal treatment in public tried to make it look like a modest extension of principles that had existed from time out of mind.2 Yet, the Act’s requirement of equal access to public accommodations brought outcries, in particular from its opponents, that it would dramatically restrict the right to exclude from private property.3 Legal historians who have assessed the long history of the Civil 1 Judge John J. Parker Distinguished Professor, University of North Carolina – Chapel Hill. -
Legislation Especially for the Negro?
Wycoff: LEGISLATION ESPECIALLY FOR THE NEGRO? THE BLACK PRESS RESPONDS TO LEGISLATION ESPECIALLY FOR THE NEGRO? THE BLACK PRESS RESPONDS TO EARLY SUPREME COURT CIVIL RIGHTS DECISIONS David Wycofft I. INTRODUCTION ....................... 2. We object to being put on a level with II. THE FOURTEENTH AND FIFTEENTH them ............................. 68 AMENDMENTS BECOME BUT HIDEOUS VII. CONCLUSION .......................... 71 M O CKERIES ............................ III. EARNESTLY DISCUSSING THE I. INTRODUCTION DECISIO NS ............................. The years 1873-1883 form perhaps the most im- IV. FEDERALISM ........................... portant decade in United States constitutional history.' A. PRESERVING THE MAIN FEATURES OF In the course of deciding a steady stream of cases in- THE GENERAL SYSTEM ................ volving the Thirteenth, Fourteenth and Fifteenth B. THE CAUSE OF ALL OUR WOES ....... amendments, 2 the Supreme Court laid the basis for the V. CLASS LEGISLATION ................... next century of the constitutional law of civil rights and VI. CLASS LEGISLATION IN THE BLACK civil liberties. Unfortunately, it was a "dreadful dec- PR E SS .................................. ade." In decision after decision, the Court struck down A. THE BANE OF THE NEGRO Is federal laws designed to protect civil rights and civil lib- LEGISLATION ESPECIALLY FOR THE erties, and devitalized the new amendments. N EGRO .............................. These early civil rights decisions of the United B. The Negro Is A Citizen And Must Be States Supreme Court provoked a significant response Protected ............................ in the African American community. Discussion of the 1. The same rights as are enjoyed by other decisions, especially the Civil Rights Cases (1883), was 4a people ............................ major theme in the African American press of the time. t Law Clerk, Honorable James T.