Black Americans: A Constitution Of Broken Promises

how was the black people affected by the new constitution

The US Constitution has been amended several times to address the rights of Black Americans. The 13th Amendment abolished slavery, the 14th Amendment granted citizenship to formerly enslaved Americans, and the 15th Amendment established a constitutional right to vote for Black men. Despite these amendments, Black Americans continued to face discrimination and violence, especially in the South, where Jim Crow segregation laws and poll taxes restricted their voting rights and reduced them to second-class citizens. The National Association for the Advancement of Colored People (NAACP) and civil rights activists played a crucial role in fighting for equal rights and protections, with the Civil Rights Act of 1964 being a key milestone in this ongoing struggle.

Characteristics Values
Right to vote The 15th Amendment granted African American men the right to vote
Loss of political power Social and economic segregation were added to Black America's loss of political power
Second-class citizenship For more than 50 years, the majority of African American citizens were reduced to second-class citizenship under the "Jim Crow" segregation system
Voting restrictions States across the South and elsewhere in the U.S. implemented various laws to restrict the voting rights of Black citizens
Resistance to equality Many Southern states, led by the same white men who passed the Black Codes, refused to ratify an amendment that defined African Americans as equal citizens
Violence and retaliation Black men and women who attempted to exercise their rights and freedoms faced resistance, violence, and retaliation from their fellow white citizens
Enforcement challenges Despite securing wins for voting rights in the courts, enforcing the court's decisions was a major challenge
Discrimination and racial profiling Black Lives Matter activists have compelled Americans to reckon with the legacies of white supremacy, violence, and social injustice that have persisted for generations

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The 14th Amendment (1868) granted citizenship to Black Americans

The 14th Amendment to the US Constitution, ratified in 1868, was a significant step forward for Black Americans, as it granted citizenship to all those born on US soil, including formerly enslaved people. This amendment transformed the concept of national belonging and dealt a blow to those who wished to maintain the US as a "white man's country".

Before the 14th Amendment, Black people in the US, whether free or enslaved, were not considered citizens but "a separate class of persons". The infamous Dred Scott v. Sanford case of 1857 highlighted this, as the Supreme Court's decision protected slavery and denied equal citizenship status to free Black people. The 14th Amendment's citizenship clause was a direct response to this, establishing birthright citizenship and ensuring that a person born in the US is automatically a citizen.

The amendment also extended liberties and rights granted by the Bill of Rights to formerly enslaved people, including the right to vote and select representatives. This was a crucial step towards political empowerment for Black Americans, and it marked the end of schemes that proposed to force their removal from the nation.

However, it is important to note that the 14th Amendment did not immediately end the struggle for equal rights for Black Americans. Despite the guarantees of citizenship and due process under the law, Southern states passed restrictive laws known as Black Codes, which limited the civil rights of newly freed Black Americans. Additionally, the 14th Amendment's ability to protect the constitutional rights of Black citizens was soon undermined by legal challenges, racial violence, and voter suppression.

In conclusion, while the 14th Amendment of 1868 was a pivotal moment in the history of Black Americans, granting them long-denied citizenship and legal rights, it also highlighted the ongoing struggle for true equality and the need for continued efforts to protect and expand those rights.

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The 15th Amendment (1870) gave Black men the right to vote

The 15th Amendment, passed by Congress in 1869 and ratified in 1870, was a significant step forward for Black men's voting rights in the United States. This amendment explicitly stated that the right to vote for citizens of the United States could not be denied or abridged by the federal government or any state based on "race, color, or previous condition of servitude." This marked a pivotal moment in the struggle for racial equality, ensuring that Black men, previously excluded from the political process, were now able to participate.

Prior to the 15th Amendment, only white men were allowed to vote in the United States. The passage of this amendment was a direct response to the injustices faced by African Americans, who had been denied their fundamental right to vote due to their race or past enslavement status. The amendment was a product of the progressive efforts during the Reconstruction Era following the Civil War, driven by former abolitionists and Radical Republicans in Congress.

While the 15th Amendment granted Black men the right to vote on paper, it did not immediately translate into full voting access. Despite the amendment's protections, several states, particularly in the South, continued to find ways to prevent Black men from exercising their voting rights. Discriminatory practices such as "grandfather clauses," poll taxes, literacy tests, intimidation, and fraud were employed to disenfranchise African American men. These obstacles highlighted the enduring challenge of enforcing the 15th Amendment and ensuring that all eligible citizens could vote regardless of race.

The ongoing struggle for voting rights led to the formation of civil rights organizations like the National Association for the Advancement of Colored People (NAACP). The NAACP advocated for equal voting rights and used legal strategies to combat discriminatory voting practices. In 1965, President Lyndon B. Johnson urged Congress to pass the Voting Rights Act, aiming to eliminate remaining barriers to voting and ensure federal oversight of voter registration processes.

The Voting Rights Act of 1965, along with its subsequent extensions, represented a significant advancement in safeguarding the voting rights of African Americans. It addressed discriminatory practices and provided federal enforcement mechanisms to uphold the 15th Amendment. While challenges and legal battles surrounding voting rights have persisted, the 15th Amendment remains a cornerstone of voting rights legislation, serving as a reminder of the long and ongoing struggle for racial equality in the United States.

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Black Codes: Southern laws that restricted civil rights of freed Black Americans

The Black Codes were a collection of laws implemented in the Southern United States after the Civil War, during the Reconstruction period, to limit the rights and freedoms of newly freed African Americans. These laws were designed to uphold white supremacy and control over the African-American community, revealing the entrenched racial biases and economic interests of white Southerners. While the Thirteenth Amendment abolished slavery, the Black Codes severely restricted the civil rights of freed Black Americans.

One of the primary ways that Black Codes restricted the civil rights of freed Black Americans was through limiting their labour rights and economic opportunities. Many states required Black people to sign yearly labour contracts, and if they refused, they risked arrest, fines, and forced unpaid labour. Vagrancy laws made it a crime to be unemployed, and Black people faced severe penalties for not having a job. Some states restricted the kind of property Black people could own, and their ability to conduct business, buy and lease land, and move freely through public spaces. "Anti-enticement" measures were also introduced to punish anyone who offered higher wages to a Black labourer already under contract.

Black Codes also restricted the social rights of freed Black Americans. Interracial marriage was banned, and African Americans faced segregation in theatres, hotels, and restaurants, which either refused to admit them or provided inferior accommodations. In schools, generations of African-American children received an inferior education with worn-out books, underpaid teachers, and inferior facilities and materials. African Americans also encountered significant barriers within the legal system, as they were prohibited from testifying against white individuals and often faced biased treatment in court.

Despite the passage of the Fourteenth and Fifteenth Amendments, which granted citizenship and voting rights to African Americans, Southern states found ways to prevent Black men from voting. "Grandfather clauses" were used to disenfranchise the descendants of formerly enslaved people, and other indirect measures were devised to restrict Black voting rights. These discriminatory laws enforced racial segregation and curtailed the political power of Black voters, leading to social and economic segregation that reduced African Americans to second-class citizenship.

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Segregation and the 'Jim Crow' system

The Jim Crow system was a patchwork of state and local laws, codes, and agreements that enforced segregation to varying degrees and in different ways across the nation. The term "Jim Crow" originated from a minstrel-show song, "Jump Jim Crow," and became a derogatory term for Black people. The Jim Crow laws were enacted in the late 1870s, following the end of the Civil War and Reconstruction, and remained in place until the beginning of the Civil Rights Movement in the 1950s. These laws mandated the "'separate but equal' status for African Americans, which, in practice, resulted in inferior treatment and facilities for Black citizens.

The Supreme Court's decision in Plessy v. Ferguson (1896) legalized and supported racial segregation in public facilities across the nation. This decision set a precedent for segregation in restaurants, theatres, public transportation, schools, parks, cemeteries, hotels, movie theatres, arenas, night clubs, churches, hospitals, and schools. Interracial marriages were outlawed, and segregation was enforced by uniformed law enforcement, armed white mobs, and violent attacks by anonymous vigilantes.

The Jim Crow laws also had a significant impact on the political power of African Americans. Despite the passage of the 14th and 15th Amendments, which granted citizenship and the right to vote to African American men, respectively, Southern states found ways to prevent Black men from voting. "Grandfather clauses," onerous poll taxes, unfairly applied tests, and other unjust barriers were used to restrict the voting rights of Black citizens.

The National Association for the Advancement of Colored People (NAACP) was formed to protect and expand the rights of African Americans through legal action and by calling on the federal government to mandate that states follow the court's rulings on equal access to voting. The civil rights movement of the twentieth century also aimed to resecure and protect full voting rights for all Black citizens.

The impact of the Jim Crow system and segregation laws extended beyond the legal realm and had lasting consequences. Even after the Civil Rights Movement led to the repealing of many Jim Crow laws, the impact of generations of segregation could still be felt. The fight for equal rights for African Americans continues, and the legacy of segregation remains a significant issue in American society.

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The Civil Rights Act of 1964

Despite the passage of the Thirteenth, Fourteenth, and Fifteenth Amendments following the Civil War, which granted freedom, citizenship, and the right to vote to newly emancipated slaves, African Americans continued to face significant barriers to exercising their rights. Southern states, in particular, enacted ""Jim Crow" laws that upheld segregation and restricted the voting rights of Black citizens. Violence against Black people, including lynchings by the Ku Klux Klan, also persisted, despite Enforcement Acts passed by Congress to end such atrocities.

In the lead-up to the Civil Rights Act of 1964, voter registration campaigns and efforts to challenge segregation gained momentum in the South. The Student Nonviolent Coordinating Committee (SNCC), the Congress of Racial Equality (CORE), and the Southern Christian Leadership Conference (SCLC) played pivotal roles in organizing and mobilizing Black communities. By the early 1960s, racial tensions had escalated, and a wave of African-American protests demanded an end to discrimination and the enforcement of their constitutional rights.

Frequently asked questions

The 14th Amendment to the Constitution, ratified in 1868, granted citizenship to formerly enslaved Americans and defined African Americans as equal citizens under the law.

The 15th Amendment to the Constitution, ratified in 1870, established a constitutional right to vote for African American males.

Despite the passing of the 14th and 15th Amendments, Black men and women who attempted to exercise their rights and freedoms faced resistance, violence, and retaliation from their fellow white citizens. States across the South and elsewhere in the U.S. implemented various laws to restrict the voting rights of Black citizens, such as "grandfather clauses", poll taxes, and literacy tests.

During this period, African Americans sought to secure their rights and improve their position through organizations such as the National Association for the Advancement of Colored People (NAACP) and the National Urban League. The NAACP used legal action to secure equal rights, and Black activists played a major role in the civil rights movement of the twentieth century, which sought to resecure and protect full voting rights for all Black citizens.

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