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Constitutional Colorblindness
Constitutional colorblindness is an aspect of United States Supreme Court case evaluation that began with Justice Harlan's dissent in ''Plessy v. Ferguson ''in 1896. Prior to this (and for several years afterwards), the Supreme Court considered skin color as a determining factor in many landmark cases. Constitutional colorblindness holds that skin color or race is virtually never a legitimate ground for legal or political distinctions, and thus, any law that is " color-conscious" is presumptively unconstitutional regardless of whether its intent is to subordinate a group, or remedy racial discrimination. The concept, therefore, has been brought to bear both against vestiges of Jim Crow oppression, as well as remedial efforts aimed at overcoming such discrimination, such as affirmative action. Color Blindness The theory behind racial color blindness is that a person should have unlimited opportunities regardless of race. There is a big contemporary debate surrounding affirmat ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Post-race
Post-racial United States is a theoretical environment in which the United States is free from racial preference, discrimination, and prejudice. Origins of the term One of the earliest uses of the term "post-racial" to describe the United States was in an October 5, 1971, article in ''The New York Times'' titled "Compact Set Up for 'Post-Racial' South". The article reported the establishment of a "Southern Growth Policies Board" in Durham, North Carolina, "by some 70 politicians and professors who believe their region of 60 million citizens has entered an era in which race relations are soon to be replaced as a major concern by population increase, industrial development, and economic fluctuations". 2008 presidential election Some Americans saw the presidential candidacy of Barack Obama, and his election in 2008 as the first black president of the United States, as a sign that the nation had, in fact, become post-racial. The conservative radio host Lou Dobbs, for example, sa ...
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Executive Order 10925
Executive Order 10925, signed by President John F. Kennedy on March 6, 1961, required government contractors to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin." It established the President's Committee on Equal Employment Opportunity (PCEEO), which was chaired by then Vice President Lyndon Johnson.http://shfg.org/shfg/wp-content/uploads/2011/01/4-MacLaury-design4-new_Layout-1.pdf Vice Chair and Secretary of Labor Arthur Goldberg was in charge of the Committee's operations. This first implementation of affirmative action was intended to give equal opportunities in the workforce to all U.S. citizens, not to give special treatment to those discriminated against. Following passage of the Civil Rights Act of 1964 (which went into effect a year later on July 2, 1965) and President Johnson's Executive Order 11246 (which was signed on September 24, 1965), the ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors Orange (colour), orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human brown hair, hair color, eye color and Human skin color, skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic a ...
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Vagrancy
Vagrancy is the condition of homelessness without regular employment or income. Vagrants (also known as bums, vagabonds, rogues, tramps or drifters) usually live in poverty and support themselves by begging, scavenging, petty theft, temporary work, or social security (where available). Historically, vagrancy in Western societies was associated with petty crime, begging and lawlessness, and punishable by law with forced labor, military service, imprisonment, or confinement to dedicated labor houses. Both ''vagrant'' and ''vagabond'' ultimately derive from the Latin word '' vagari'', meaning "to wander". The term ''vagabond'' is derived from Latin ''vagabundus''. In Middle English, ''vagabond'' originally denoted a person without a home or employment. Historical views Vagrants have been historically characterised as outsiders in settled, ordered communities: embodiments of otherness, objects of scorn or mistrust, or worthy recipients of help and charity. Some ancient sources ...
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Jim Crow Laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the South had adopted laws, beginning in the late 19th century, banning discrimination in public accommodations and voting. Southern laws were enacted in the late 19th and early 20th centuries by white Southern Democrat-dominated state legislatures to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era. Jim Crow laws were enforced until 1965. In practice, Jim Crow laws mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some others, beginning in the 1870s. Jim Crow laws were upheld in 1896 in the case of ''Plessy vs. Ferguson'', in which the Supreme Court laid out its "separate but equal" legal doctrine concerning faciliti ...
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Racial Color Blindness
Color blindness is a term that has been used by justices of the United States Supreme Court in several opinions relating to racial equality and social equity, particularly in public education. Parents Involved in Community Schools v. Seattle School District No. 1 https://www.supremecourt.gov/opinions/06pdf/05-908.pdf The term metaphorically references the medical phenomenon of color blindness. A color-blind racial ideology can be defined as holding the belief that an individual's race or ethnicity should not influence how that individual is treated in society. This is further divided into two dimensions, color evasion and power evasion. Color evasion is the belief that people should not be treated differently on the basis of their color, while power evasion posits that systemic advantage based on color should have no influence on what people can accomplish, and accomplishments are instead based solely on one's own work performance. At various times in U.S. history, individuals a ...
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John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the ''Civil Rights Cases'', ''Plessy v. Ferguson'', and '' Giles v. Harris''. Many of Harlan's views expressed in his notable dissents would become the official view of the Supreme Court starting from the 1950s Warren Court and onward. His grandson John Marshall Harlan II was also a Supreme Court justice. Born into a prominent, slave-holding family near Danville, Kentucky, Harlan experienced a quick rise to political prominence. When the American Civil War broke out, Harlan strongly supported the Union and recruited the 10th Kentucky Infantry. Despite his opposition to the Emancipation Proclamation, he served in the war until 1863, when he won election as Attorney Genera ...
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Affirmative Action In The United States
Affirmative action in the United States is a set of laws, policies, guidelines, and administrative practices "intended to end and correct the effects of a specific form of discrimination" that include government-mandated, government-approved, and voluntary private programs. The programs tend to focus on access to education and employment, granting special consideration to historically excluded groups, specifically racial minorities or women. The impetus toward affirmative action is redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve. In the United States, affirmative action included the use of racial quotas until the Supreme Court ruled that quotas were unconstitutional. Affirmative action currently tends to emphasize not specific quotas but rather "targeted goals" to address past discrimin ...
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Jim Crow
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the South had adopted laws, beginning in the late 19th century, banning discrimination in public accommodations and voting. Southern laws were enacted in the late 19th and early 20th centuries by white Southern Democrat-dominated state legislatures to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era. Jim Crow laws were enforced until 1965. In practice, Jim Crow laws mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some others, beginning in the 1870s. Jim Crow laws were upheld in 1896 in the case of '' Plessy vs. Ferguson'', in which the Supreme Court laid out its "separate but equal" legal doctrine concerning facil ...
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