PvF p 20-38
by 1911, DV had heard 607 fourteenth amendment cases- issues related to African American rights and corporate casses
Miller says that the primary intention of the 14th amendement was to abolish slavery
the civil rights cases and their consequences:
bradley thought most rights of private citizens should remain social rights and not be elevated to the status of civil rights
the 14th was protecting action by states, not those private parties
1875 civil rights – grants express power in congress by legislation to enforce the constitutional provision from where it derived
grady- advocate for new south
the Georgia Jim Crow law cited by Grady was one of many passed after the Civil Rights Cases
Plessys Argument before the court:
deprived him of his equal protection rights under 14th
majority decision: the oject of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in nature of things it could not have intended to abolish distinctions based upon color, or to enforce social as distinguished from political equality or a commungling of the two races upon terms unsatisfactory to either
harlan warned about the consequences of majority ruling, consequences of the positions we take
TMM 62-82
“hardliners” group held that African Americans were inferior and justified to enslavement and colonization
“softliners” agreed this but also believed in rights- right in freedom no matter their intelligence
comparison of AA and apes
Charles Darwin- abolitionist
recapitulation- the idea that higher creatures repeat the adult stages of lower animals during their growth
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