Undoing Plessy

Undoing Plessy

Author: Gordon P. Andrews

Publisher: Cambridge Scholars Publishing

Published: 2014-04-11

Total Pages: 250

ISBN-13: 144385929X

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Undoing Plessy: Charles Hamilton Houston, Race, Labor and the Law, 1895–1950 explores the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, Undoing Plessy explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era. Houston dedicated his life to the emancipation of oppressed people, and was inspired early-on to choose the law as a tool to become, in his own words, a “social engineer.” Further, Houston’s life provides a unique lens through which one may more accurately view the threads of race, labor, and the law as they are woven throughout American society. Houston understood the difficulties facing black workers in America, and, by marshaling his considerable skills as an attorney and leader, was able to construct a strategy that fought for full integration by changing the laws of the United States at the highest level. With unparalleled success, Houston developed a three-pronged strategy from 1925–1950 that focused on the courts, the workplace, and politics, securing the expansion of labor rights and civil rights for African Americans. Better than most, Charles Houston understood that the right to work was inherently necessary to achieve real, not just perceived, freedom. To that end, Undoing Plessy situates Houston’s life within the contested cultural and political realities of his time, expanding our understanding of what it meant to work and be free in America during the first half of the twentieth century. In particular, these gains were achieved in areas significant to workers, including education, the workplace, access to unions, housing, and equality before the law at the local, state, and federal levels. To understand Charles Houston’s contributions on behalf of those who labored in the black community, and more broadly in American society, his life is contextualized within the long Civil Rights Movement. Houston’s work was intimately connected with many profound efforts to liberate those who were oppressed. Undoing Plessy examines his strategies and accomplishments, helping us to further understand the complexities of change in the pre-Brown Era, and offers us compelling insights into dilemmas currently facing those in the workplace.


Undoing Plessy

Undoing Plessy

Author: Gordon Andrews

Publisher:

Published: 2011

Total Pages: 692

ISBN-13:

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Undoing Plessy: Charles Hamilton Houston, race, labor, and the law, 1895-1950, explores the manner in which African Americans countered racialized impediments during the first half of the twentieth century by attacking their legal underpinnings. Specifically, this work explores the professional life of Charles Hamilton Houston, and the degree to which it informs our understanding of change in the pre-Brown era. There were a wide range of forces at work, from individuals, organizations, and institutions, to government in its various forms (local, state, and federal), complicating any strategy to reformulate the parameters of equality. Using both labor and education law as the focus of this study, I examine the complicating issues of race, the state, and the workplace to demonstrate the interplay of forces which together constituted the structure Charles Houston and others sought dismantle. Houston's life was replete with examples to illustrate the gains that could be made by an African American who sought to exercise his own agency, and contest the imposed boundaries that limited potential.


The Slow Undoing

The Slow Undoing

Author: Stephen H. Lowe

Publisher: Univ of South Carolina Press

Published: 2021-06-02

Total Pages: 258

ISBN-13: 1643361775

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A study of how South Carolina's federal district courts were central to achieving and solidifying gains during the civil rights movement As the first comprehensive study of one state's federal district courts during the long civil rights movement, The Slow Undoing argues for a reconsideration of the role of the federal courts in the civil rights movement. It places the courts as a central battleground at the intersections of struggles over race, law, and civil rights. During the long civil rights movement, Black and White South Carolinians used the courts as a venue to contest the meanings of the constitution, justice, equality, and citizenship. African American plaintiffs and lawyers from South Carolina, with the support of Thurgood Marshall and other lawyers from the NAACP Legal Defense and Education Fund, brought and argued civil rights lawsuits in South Carolina's federal courts attempting to secure the vote, raise teacher salaries, and to equalize and then desegregate schools, parks, and public life. In response, white citizens, state politicians, and local officials, hired their own lawyers who countered these arguments by crafting new legal theories in an attempt to defend state practices and thwart African American aspirations of equality and to preserve white supremacy. The Slow Undoing argues for a reconsideration of the role of federal courts in the civil rights movement by demonstrating that both before and after Brown v. Board of Education, the federal district courts were centrally important to achieving and solidifying civil rights gains. It relies on the entire legal record of actions in the federal district courts of South Carolina from 1940 to 1970 to make the case. It argues that rather than relying on litigation during the pre-Brown era and direct action in the post-Brown era, African Americans instead used courts and direct action in tandem to bring down legal segregation throughout the long civil rights era. But the process was far from linear and the courts were not always a progressive force. The battles were long, the victories won were often imperfect, and many of the fights remain. Author Stephen H. Lowe offers a chronicle of this enduring struggle.


Classic Supreme Court Cases

Classic Supreme Court Cases

Author: Corey Brettschneider

Publisher: Penguin

Published: 2023-06-13

Total Pages: 289

ISBN-13: 0525506810

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Historic Supreme Court cases that impact modern-day issues of American liberty, in a short, accessible volume as part of the new Penguin Liberty series. A Penguin Classic Penguin Liberty is a curated series of historical, political and legal classic texts relevant to constitutional rights. This collection will include canonical and major cases that are often taught and that are not featured in our Civic Classics Supreme Court Decisions volume. Each Penguin Liberty volume will feature a series introduction and volume introduction by series editor Corey Brettschneider.


On Equal Terms

On Equal Terms

Author: Douglas S. Reed

Publisher: Princeton University Press

Published: 2021-03-09

Total Pages: 259

ISBN-13: 069122773X

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Since Brown v. Board of Education and the desegregation battles of the 1960s and 1970s, the legal pursuit of educational opportunity in the United States has been framed largely around race. But for nearly thirty years now, a less-noticed but controversial legal campaign has been afoot to equalize or improve the resources of poorly funded schools. This book examines both the consequences of efforts to use state constitutional provisions to reduce the "resource segregation" of American schools and the politics of the opposition to these decisions. On Equal Terms compares the relative success of school finance lawsuits to the project of school desegregation and explores how race and class present sharply different obstacles to courts. Since a 1973 U.S. Supreme Court decision that effectively deferred to the states in the matter of educational equity, about a third of state judiciaries have mandated reform of state-level educational funding systems. Douglas Reed analyzes both the rhetoric of reform and the varying effects of these controversial decisions while critiquing the courts' failure to more clearly define educational equity. Well-written with keen insight throughout, the book concludes with an intriguing policy proposal that acknowledges obstacles to such efforts. This proposal aims to enhance education by fostering racial and economic integration locally. Setting the stage for a more coherent debate on this controversial issue and expanding our understanding of constitutional design, On Equal Terms will have far-reaching implications for law, public policy, politics, and not least, the future of American education.


Plessy v. Ferguson

Plessy v. Ferguson

Author: Williamjames Hull Hoffer

Publisher: University Press of Kansas

Published: 2012-04-16

Total Pages: 232

ISBN-13: 0700618473

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Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination-but ultimately fell short of that goal, leading to the Supreme Court's landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case. In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed "equal but separate accommodations" on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court's 7-1 decision in Plessy, which upheld both the Louisiana statute and the state's police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it. Hoffer's readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans' Faubourg Trem district to the justices' chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown's ruling that the statute's "equal, but separate" condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan's classic dissent, in which he stated, "Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens." Hoffer's compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.


Separate

Separate

Author: Steve Luxenberg

Publisher: National Geographic Books

Published: 2020-02-04

Total Pages: 0

ISBN-13: 0393357694

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A New York Times Editors' Choice A myth-shattering narrative of how a nation embraced "separation" and its pernicious consequences. Plessy v. Ferguson, the Supreme Court case synonymous with “separate but equal,” created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the twenty-first. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours—race and equality. Wending its way through a half-century of American history, the narrative begins at the dawn of the railroad age, in the North, home to the nation’s first separate railroad car, then moves briskly through slavery and the Civil War to Reconstruction and its aftermath, as separation took root in nearly every aspect of American life. Award-winning author Steve Luxenberg draws from letters, diaries, and archival collections to tell the story of Plessy v. Ferguson through the eyes of the people caught up in the case. Separate depicts indelible figures such as the resisters from the mixed-race community of French New Orleans, led by Louis Martinet, a lawyer and crusading newspaper editor; Homer Plessy’s lawyer, Albion Tourgée, a best-selling author and the country’s best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. Sweeping, swiftly paced, and richly detailed, Separate provides a fresh and urgently-needed exploration of our nation’s most devastating divide.


Education, Justice & Democracy

Education, Justice & Democracy

Author: Danielle Allen

Publisher: University of Chicago Press

Published: 2013-03-04

Total Pages: 366

ISBN-13: 022601293X

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Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure, and the other philosophical, focused on education’s value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. Education, Justice, and Democracy does just that, offering an intensive discussion by highly respected scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices of education can support democracy, by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice, by securing social mobility and cultivating the talents and interests of every individual. Then the authors evaluate constraints on achieving the goals of democracy and justice in the educational arena and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, Education, Justice, and Democracy exhibits an entirely new, more deeply composed way of thinking about education as a whole and its importance to a good society.


The Supreme Court and McCarthy-Era Repression

The Supreme Court and McCarthy-Era Repression

Author: Robert M. Lichtman

Publisher: University of Illinois Press

Published: 2012-08-15

Total Pages: 314

ISBN-13: 0252094123

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In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression. In Fred Vinson's term as chief justice (1946-53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in "Communist" cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in "Communist" cases--its McCarthy era was over. Demonstrating keen insight into the Supreme Court's inner workings and making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions tells the entire story of the Supreme Court during this unfortunate period of twentieth-century American history.