Eleanor Finch
The US Constitution has had a complex relationship with racism. While the 13th, 14th, and 15th Amendments enshrined equality before the law as a fundamental right, the document has also been used to perpetuate racial discrimination. For example, the Constitution initially recognised slavery in five places, including a clause that prevented Congress from abolishing the slave trade for 20 years after its ratification. The Supreme Court has also interpreted the Amendments and civil rights acts narrowly, curtailing efforts to improve the condition of former slaves and promote racial equality. Today, the Constitution continues to be invoked in debates around equal protection under the law and the elimination of racial discrimination, with some arguing that it supports a colourblind society, while others highlight ongoing racial disparities in areas like education and employment.
| Characteristics | Values |
|---|---|
| Equality of Opportunity | All citizens are treated equally under the law |
| Colorblind Society | People are treated as individuals, not as components of a particular race or group |
| Disparate-Impact Liability | A presumption of unlawful discrimination based on differences in outcomes among different races, even without discriminatory intent |
| Fourteenth Amendment | Ensures equal protection and race, privileges and immunities of citizenship, due process |
| Thirteenth and Fifteenth Amendments | Enshrined equality before the law for all citizens as a fundamental right |
| Slavery | Recognized in the Constitution in five places, including a clause preventing Congress from abolishing the slave trade for 20 years |
| Federalism | Division of power between state and national governments, with states traditionally responsible for criminal justice, health, and education |
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What You'll Learn
The Thirteenth, Fourteenth, and Fifteenth Amendments
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except for those duly convicted of a crime. The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It was passed on July 9, 1868, and its first section, which is the most quoted in subsequent judicial decisions, reads: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The Fifteenth Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude."
The Fourteenth Amendment is one of the most litigated parts of the Constitution, with its first section including several important clauses: the Citizenship Clause, the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause. This amendment has been central to landmark Supreme Court decisions such as Brown v. Board of Education, which deemed segregation in public schools "unconstitutional," and Roe v. Wade, which concerned abortion. The Fourteenth Amendment has also played a role in cases addressing racial segregation in schools, such as Milliken v. Bradley and Keyes v. Denver School District.
The Fifteenth Amendment helped protect African-American men's right to vote, making it unconstitutional to deny or abridge the right to vote based on race. However, it is important to note that this amendment did not completely stop voting obstacles from being utilized, but it did make those obstacles unconstitutional. The full benefits of these Reconstruction Amendments were not realized until the second half of the twentieth century, with important Supreme Court decisions such as Brown v. Board of Education in 1954, and the passing of laws like the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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Equality before the law
The Thirteenth, Fourteenth, and Fifteenth Amendments to the US Constitution enshrined equality before the law for all citizens as a fundamental right. The various civil rights acts have sought to uphold this promise for all Americans. The Constitution is colour-blind, but the same cannot be said for its citizens.
The right to freedom from racial discrimination is a complex issue, and proposed solutions may conflict with other important values, such as freedom of association or rewards based on individual merit. Despite this, Americans have taken seriously the promise of the Declaration of Independence that all people are created equal.
The US Constitution was originally drafted to allow for the holding of human beings as property. At the time of its ratification, slavery was permitted in all thirteen states, and the Constitution recognised this in five places. One such instance was a clause that prevented Congress from abolishing the slave trade until twenty years after its ratification. Although most delegates to the Constitutional Convention favoured an immediate end to the slave trade, the Constitution did not grant the national government any power to emancipate slaves.
In the case of Keyes v. Denver School District, the Supreme Court found that when it is proven that a significant portion of a system is officially segregated, the burden of proof shifts to the school board or other officials to prove that geographical structure or natural boundaries have caused the division of a district into separate units. In Milliken v. Bradley, the Court set aside a desegregation order, holding that such a remedy could only be implemented to cure an inter-district constitutional violation.
In the case of Dred Scott, the Supreme Court ruled that a slave who sought his freedom after living in free territory and in Illinois did not have access to the federal courts because he was black and therefore could not be a citizen of the United States. The Court also held that the Fifth Amendment guaranteed the slaveholder's right to own another person.
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Slavery in the Constitution
The US Constitution, in its original form, recognised racial slavery. By the time of the Revolution, all thirteen states allowed human beings to be held as property. The Constitution contained a clause that prevented Congress from abolishing the slave trade until twenty years after its ratification. The document also did not grant the national government any power to emancipate slaves. This was despite most delegates to the Constitutional Convention favouring an immediate end to the slave trade.
The Supreme Court, in the decades before the Civil War, interpreted the amendments and civil rights acts narrowly. A series of cases in the 1870s and 1880s effectively stopped Congress from improving the condition of former slaves. In the case of Dred Scott, the Court ruled that a slave who sought his freedom after living in free territory and in Illinois did not have access to federal courts because he was black and therefore could not be a US citizen. The Court also held that the Fifth Amendment guaranteed the slaveholder's right to own another person.
The 13th, 14th, and 15th Amendments enshrined equality before the law for all citizens as a fundamental right. The various civil rights acts have sought to uphold this promise for all Americans. The Constitution is colour-blind, but Americans, unfortunately, are not. The issues surrounding the elimination of racial discrimination are complex, and proposed solutions sometimes appear to conflict with other important values, such as freedom of association or rewards based on individual merit.
In the twentieth century, the Supreme Court moved away from its previous narrow interpretation of the amendments. In the Detroit inter-district case, the Court held that federal equity power was lacking to impose orders to correct demographic shifts not attributed to any segregative actions on the part of the defendants. In another case, the Court found that the actions of local school officials and the state school board were responsible for the racial segregation existing within the school system of the City of Detroit.
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School desegregation
School integration, also known as school desegregation, is the process of ending race-based segregation in American public and private schools. Racial segregation in schools has existed throughout most of American history and remains an issue in contemporary education. The integration of all American schools was a major catalyst for the Civil Rights Movement and racial violence that occurred in the United States during the latter half of the 20th century.
The first legislation providing rights to African Americans was passed after the Civil War. The Thirteenth, Fourteenth, and Fifteenth Amendments, also known as the Reconstruction Amendments, were passed between 1865 and 1870, abolishing slavery, guaranteeing citizenship and protection under the law, and prohibiting racial discrimination in voting, respectively. In 1868, Iowa became the first state to desegregate schools by court order in Clark v. Board of School Directors. The Iowa Supreme Court was the only 19th-century court to hold school segregation as unconstitutional.
During the Civil Rights Movement, school integration became a priority, but since then, de facto segregation has again become prevalent. School segregation declined rapidly during the late 1960s and early 1970s, but it appears to have increased since 1990. The disparity in the average poverty rate in the schools whites attend and blacks attend is the single most important factor in the educational achievement gap between white and black students.
The U.S. Supreme Court issued its historic Brown vs. Board of Education of Topeka, Kansas, on May 17, 1954. Tied to the 14th Amendment, the decision declared all laws establishing segregated schools to be unconstitutional and called for the desegregation of all schools across the nation. Despite the federal ruling in Brown v. Board of Education, integration was met with immediate opposition, especially in the South. In 1955, Time magazine reviewed the status of desegregation efforts in the 17 Southern and border states, with Virginia Senator Harry F. Byrd declaring a policy of \"massive resistance".
In 1957, Governor Orval Faubus of Arkansas called upon the Arkansas National Guard to prevent nine black students, soon to be known as the Little Rock Nine, from attending the newly desegregated Central High School in Little Rock, Arkansas. In response, President Dwight D. Eisenhower dispatched federal troops to safely escort the group of students to their classes in the midst of violent protests from an angry mob of white students and townspeople.
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Disparate-impact liability
The concept of disparate-impact liability holds that a presumption of unlawful discrimination exists when there are differences in outcomes among different races, even if there is no explicit discriminatory policy or intent. This means that even if a policy or practice appears fair on its face, it may still be considered discriminatory if it results in disproportionately negative consequences for certain groups.
The legal basis for disparate-impact liability can be traced to landmark Supreme Court cases such as Griggs v. Duke Power Co. and Texas Department of Housing and Community Affairs v. Inclusive Communities. These cases established that neutral policies that perpetuate the status quo of prior discriminatory practices or disproportionately harm minorities can be challenged under civil rights laws.
On the other hand, proponents of disparate-impact liability argue that it is a crucial tool for addressing implicit biases and unconscious prejudices that may not be easily identified as intentional discrimination. By focusing on the consequences of a policy or practice rather than the intent, disparate-impact liability allows plaintiffs to challenge disguised animus and indirect forms of discrimination. This is especially relevant in addressing systemic racism and other forms of structural discrimination.
In conclusion, disparate-impact liability is a complex and contentious issue that aims to address indirect discrimination and ensure equal protection under the law. While it has faced criticism for potentially hindering merit-based decisions, it also provides a means to uncover and rectify hidden biases that perpetuate systemic inequality.
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Frequently asked questions
The Thirteenth, Fourteenth, and Fifteenth Amendments to the US Constitution enshrined equality before the law for all citizens as a fundamental right. The Constitution is colour-blind, but the issues surrounding racial discrimination are complex and proposed solutions may conflict with other important values, such as freedom of association.
The Thirteenth Amendment was part of a series of amendments and civil rights acts that sought to end slavery and improve the condition of former slaves.
The Fourteenth Amendment guarantees equal protection and due process under the law, regardless of race. It has been used in court cases to address racial segregation in schools.
The Fifteenth Amendment, along with the Thirteenth and Fourteenth Amendments, was enacted to ensure equality before the law for all citizens.
Throughout the nineteenth and much of the twentieth centuries, the Supreme Court interpreted these amendments and civil rights acts narrowly, often curtailing the ability of Congress to improve the condition of former slaves and address racial discrimination.
