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EQUAL PROTECTION EVOLVED: THE 14TH AMENDMENT’S IMPACT ON RACIAL DISCRIMINATION AND EQUALITY IN THE UNITED STATES 

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This article is written by M. Bhavana of Nmims Deemed University, Jadcherla Hyderabad, an intern under Legal Vidhiya

Abstract:

This comprehensive narrative delves into the evolution of African American culture, struggles, and progress over five decades, spanning from the mid-20th century to the present day. It encompasses the challenges faced by Black individuals, including poverty, manual labor, and racial segregation during the mid-20th century, juxtaposed against transformative changes driven by demographic shifts and economic developments. The narrative underscores the pivotal role of the 1960s in diversifying occupational opportunities for Black Americans, reflecting broader advancements in civil rights. It discusses racial equality initiatives, such as minority-owned business contracts and affirmative action policies, while delving into the complex debate surrounding their long-term effectiveness. Education emerges as a crucial theme, with a focus on bridging the skills gap and addressing disparities in cognitive skills. The narrative offers a nuanced perspective on the evolving nature of racial challenges and the impact of affirmative action policies. Throughout the narrative, cultural differences between Black and White Americans are explored, rooted in a rich historical and social tapestry. This exploration encompasses various facets, from religion and language to culinary traditions and family dynamics. The narrative concludes by emphasizing the continued importance of education in achieving racial equality and recognizing the complex and multifaceted nature of African-American culture and experiences in the United States. It encapsulates the progress made, acknowledges ongoing challenges, and offers a holistic view of the journey toward racial equality and social justice in America.

Keywords:

Reconstruction, Post-war struggles, Socio-cultural struggles, Racial Discrimination, and US Supreme Court decisions.

Introduction:

The period following the Civil War in the United States marked a critical juncture in the nation’s history, characterized by efforts to heal the wounds of the conflict and redefine the principles upon which the nation stood. In this context, Congress introduced a series of transformative amendments, known as the Reconstruction Amendments, aimed at securing Black citizens’ civil and legal rights and reshaping the foundation of American democracy. The 14th Amendment, in particular, carried profound implications for the nation’s conception of citizenship and equality. Its first major provision, granting citizenship to “All persons born or naturalized in the United States,” represented a seismic shift in recognizing the humanity and rightful place of formerly enslaved individuals within the country. This not only granted legal recognition to their status as citizens but also affirmed their inherent worth and contribution to the fabric of the nation. It was a fundamental step towards rectifying the egregious injustices perpetuated by slavery and acknowledging the principle that all individuals, regardless of their background, deserved equal protection under the law. Senator Jacob Howard intended to solidify the protection of individual liberties and ensure that the Bill of Rights principles would be applied universally across the entire nation.

Over time, the interpretation of the privileges and immunities clause has evolved within the legal framework. The concept of “incorporation” emerged; wherein various provisions of the Bill of Rights have been selectively applied to the states through the due process clause of the 14th Amendment. This approach has been used to safeguard individual rights from state-level infringement and maintain a consistent standard of protection nationwide. Perhaps the invoking of such rights under the 14th Amendment didn’t immediately lead to the full realization of the rights it intended to protect. The following of its ratification saw various instances where the rights of Black citizens were systematically violated, often met with resistance from state and local governments. Discriminatory laws, practices like segregation, and violent acts of racism persisted, and the journey toward realizing the true intent of the 14th Amendment began. It has become important to recognize both the limitations of the Reconstruction era and the resilience of those who fought for change.

The Reconstruction era and the racial discrimination

The period known as the Reconstruction Era aimed to accomplish a complex task: to bring Confederate states back into the United States while ensuring equal civil and political rights for African Americans. This challenging phase in American history is vividly captured in the paintings of Winslow Homer, particularly “A Visit from the Old Mistress.” These artworks delve into the intricate relationships between former slaves and their masters, set against the backdrop of newfound freedom and rights. Homer’s art raises significant questions about the dynamics of the post-war era. It prompts us to consider how former slaves and their masters could coexist as fellow citizens. Moreover, it forces us to ponder the rights that should be extended to emancipated individuals. At this juncture, the 14th Amendment emerged as a positive step, offering provisions for citizenship rights and equal protection under the law. This period also witnessed the ratification of the 13th, 14th, and 15th Amendments, which not only abolished slavery but also granted citizenship and safeguarded voting rights regardless of race. However, beneath these legal changes, tensions simmered. Homer’s artwork becomes a mirror reflecting the challenges inherent in this transitional period. For instance, “A Visit from the Old Mistress” portrays the strain between freed black women and their former white mistresses. This piece captures the disillusionment experienced by many white former slaveholders as they realized that the love and loyalty, they had expected from their former slaves did not materialize. This chasm between their expectations and the desires of the newly liberated individuals emphasized the struggle to reconcile differing aspirations for freedom and self-determination. Homer skilfully juxtaposed characters in his paintings, highlighting the profound shifts that followed emancipation. “Sunday Morning in Virginia” contrasts generations who experienced varying degrees of freedom. Despite the legal amendments, the daily lives of African Americans continued to be influenced by the lasting impact of slavery, coupled with the challenges of building new lives in a changed world. Amid these challenges, efforts were made to address the lingering issues. The Freedmen’s Bureau played a crucial role in providing education and facilitating land ownership, recognizing the significance of both economic and educational autonomy. Additionally, legal marriages gained prominence for black couples who had previously been denied legal recognition. While the emergence of Black Codes attempted to curtail these rights, they were eventually challenged and dismantled. The labour system of sharecropping also emerged during this era, further illuminating the post-war struggles. Freed individuals returned to the plantations to work, yet exploitative contracts underscored the difficulties they faced. Such challenges left families unable to send their children to school, compelling them to work on the plantations to stave off poverty.

Civil Rights era

Emmett Till’s tragic murder in 1955 at the age of fourteen remains a harrowing testament to the deep-seated racism and violence that permeated the United States during that era. Accused of whistling at a white woman while visiting Money, Mississippi, till’s life was brutally cut short. Kidnapped, beaten, and shot by the woman’s husband and associates, his lifeless body was callously discarded into the Tallahatchie River. His remains, nearly unrecognizable save for a ring on his finger, were discovered after three agonizing days.

Till’s death starkly illuminated the rampant racial hostility and brutality prevalent across the nation, particularly in the segregated South. The subsequent trial, which acquitted his murderers despite overwhelming evidence, highlighted the grave injustice faced by Black individuals in the legal system. The shock and horror evoked by Till’s lynching resonated globally, sparking outrage and mobilizing support for civil rights. The media played a vital role in exposing the horrors of racial violence. Published images of Till’s battered body and the subsequent coverage shed light on the pervasive racial hatred and violence in the United States. Till’s tragic death catalysed the Civil Rights Movement, uniting activists against racial segregation and discrimination.

For over a decade, the American civil rights movement has stood as the foremost and most impactful social endeavor within the United States. Its primary proponents, civil rights organizations, have spearheaded the fight for equal rights for African Americans, advocating vigorously for their voting rights, and access to education, and better employment opportunities. Central to their mission has been the dismantling of the lingering remnants of the nation’s deeply ingrained “caste” system that perpetuated racial discrimination. The movement’s significance lies in mobilizing vast multitudes of individuals, regardless of race, rallying them towards shared political objectives. During the preceding ten years, the movement has chalked up impressive gains, with its watershed moment arriving in the form of the [1]1954 Supreme Court verdict that outlawed segregation in public education. The succeeding years witnessed the movement’s forceful campaigns, exemplified by the Freedom Riders and the impactful sit-in protests in the South. These actions not only thrust the challenges faced by African Americans into the limelight but also compelled governmental authorities to accelerate the painstaking process of desegregation. African Americans, particularly in the South where their population constituted a substantial majority, as well as in northern urban centers, have also begun to wield notable political influence. However, despite these advancements, the movement hasn’t brought about the extensive and transformative revolution in race relations that many had hoped for, which has led to a sense of disillusionment among numerous African Americans.

This disillusionment is further compounded by the prevailing opposition to expanded civil rights for African Americans, emanating from both the white community and deeply entrenched institutions. The arduous battles faced by the civil rights movement have played a pivotal role in sowing the seeds of disenchantment within the African-American populace. Consequently, the current landscape is characterized as a “revolution of rising expectations.” While certain strides have undeniably been made, they remain insufficient to fulfil the justified aspirations of the African-American community. This discord between anticipated progress and actual outcomes has engendered a sentiment of unfulfilled promise, where progress, while notable, has yet to bridge the gap between desired transformation and the reality experienced.

Black Lives Matter- The movement

Black Lives Matter (BLM)” is a prominent international activist movement that originated within the African-American community. Its core mission is to combat violence and systemic racism directed towards Black individuals. The movement focuses on raising awareness about racial profiling, police brutality, and broader racial inequalities prevalent in the criminal justice system of the United States. The movement came into existence in 2013, initially employing the hashtag #BlackLivesMatter on social media platforms. This came in response to the acquittal of George Zimmerman, who was involved in the shooting death of Trayvon Martin, an African-American teenager. BLM gained national prominence for its street demonstrations that followed the deaths of two African Americans in 2014: Michael Brown, which led to protests and unrest in Ferguson, and Eric Garner in New York City. The co-founders of the movement, Alicia Garza, Patrisse Cullors, and Opal Tometi, expanded their initial efforts into a nationwide network encompassing over 30 local chapters between 2014 and 2016. It is important to note that the overall structure of the Black Lives Matter movement remains decentralized, without a formal hierarchy. Since the Ferguson protests, the movement has actively protested against the deaths of numerous other African Americans who died either due to police actions or while in police custody. These individuals include Jonathan Ferrell, John Crawford, Ezell Ford, Laquan McDonald, Akai Gurley, Tamir Rice, Eric Harris, Walter Scott, Freddie Gray, Sandra Bland, Samuel DuBose, Jeremy McDole, Alton Sterling, and Philando Castile. In the lead-up to the 2016 United States presidential election, Black Lives Matter activists became involved in the political discourse. The movement’s efforts have sparked various reactions from different segments of society, particularly concerning the perception of the movement. Public opinions on Black Lives Matter vary significantly across racial lines. The response phrase “All Lives Matter” emerged as a counter to the Black Lives Matter movement. However, “All Lives Matter” has faced criticism for potentially dismissing or misinterpreting the central message of “Black Lives Matter.” Additionally, in response to the shooting of two police officers in Ferguson, supporters of law enforcement created the hashtag “Blue Lives Matter.” Black Lives Matter has also faced calls to address issues of violence within the African-American community itself. The movement’s scope extends beyond highlighting external injustices to acknowledging and confronting interracial violence.

Understanding the cultural differences in American black:

The cultural differences between Black Americans and White Americans are intricate and multifaceted, underpinned by a complex historical and social tapestry. It’s crucial to emphasize that these differences are not monolithic but rather vary significantly among individuals and communities within both groups. Nevertheless, several key distinctions and experiences can shed light on the rich and diverse cultural landscapes that define these communities. One of the defining elements of Black American culture is its historical journey, which has been shaped by the enduring legacy of slavery, the Civil Rights Movement, and ongoing struggles for racial equality. This unique historical backdrop influences various cultural practices and traditions. Celebrations like Juneteenth, commemorating the end of slavery in the United States, resonate deeply within the Black community, serving as a poignant reminder of their resilience and progress. Historically Black colleges and universities (HBCUs) also play a pivotal role in preserving Black culture and fostering educational opportunities.

Religion is another pillar of Black American culture, characterized by a diverse range of religious affiliations. A substantial portion of Black Americans identifies as Protestant, particularly within Baptist and Methodist denominations. This religious identity not only shapes individual beliefs but also influences cultural practices, music, and community engagement. Gospel music, born out of these religious traditions, holds a special place in the hearts of many and serves as an expression of faith, cultural identity, and social commentary. The indelible mark of Black Americans on American music and arts cannot be overstated. Genres like jazz, blues, hip-hop, and gospel have deep roots in Black culture. These art forms have transcended boundaries and resonated with audiences’ worldwide, serving as powerful vehicles for expressing cultural identity, historical narratives, and societal critique. Soul food, with its mouth-watering dishes like collard greens, fried chicken, and cornbread, is an integral part of Black American culinary heritage. Rooted in a blend of African, European, and Native American influences, it showcases the richness of Black culinary traditions, offering a taste of history on every plate. Language also plays a significant role in Black American culture, with African American Vernacular English (AAVE) emerging as a distinct dialect. AAVE possesses its own grammar and vocabulary, reflecting a unique linguistic heritage. Unfortunately, AAVE has often been stigmatized, perpetuating misconceptions about its validity and cultural significance. In matters of beauty and self-expression, Black Americans may have distinctive experiences related to hair care and styling. Natural hair and protective styles like braids locks, and twists hold deep cultural significance and are often regarded as statements of pride and identity, pushing back against Eurocentric beauty standards. Family and community are central to the fabric of Black American culture. Strong ties to extended family and the broader community are emphasized, fostering a sense of unity and support. Concepts like “chosen family” highlight the importance of communal bonds and the role they play in navigating life’s challenges. Celebrations and traditions unique to Black American culture include Kwanzaa, a holiday that celebrates African heritage and principles like unity, self-determination, and cooperative economics. Additionally, historically Black fraternities and sororities contribute to the cultural tapestry, promoting leadership, scholarship, and community service. However, alongside these cultural riches, Black Americans also face unique challenges rooted in historical and systemic racism. Disparities persist in areas such as education, healthcare, employment, and criminal justice, reflecting the enduring impact of institutional discrimination. These disparities can profoundly influence cultural experiences and contribute to the resilience and activism that characterize the Black community.

Legal verdicts

  1.  [2]A pivotal 1857 Supreme Court case, had far-reaching implications in shaping the trajectory of American history. The Court’s ruling was multi-faceted, with significant ramifications on citizenship, congressional authority, and the institution of slavery. At the heart of the case was the question of whether Americans of African descent, whether enslaved or free, could be considered citizens. The Court’s decision emphatically asserted that they could not. This ruling deprived African Americans of legal rights and access to federal courts, effectively deeming them second-class inhabitants within the United States.
  2. [3]Supreme Court decision addressing segregation in transportation services, particularly emphasizing the established principle of non-segregation. The Court’s ruling highlighted the unequivocal nature of this principle, deeming it a settled matter beyond the realm of legitimate legal dispute. This meant that racial segregation on transportation, whether occurring across state lines or within a single state, was firmly prohibited by law. Furthermore, the passage underscores the significance of legal precedent in shaping this decision. It suggests that prior court rulings had conclusively established the illegality of segregation in transportation, rendering any arguments in favour of such practices frivolous and baseless. Consequently, the Court held that there was no need for a three-judge district court to deliberate on the issue when it was abundantly clear that segregation violated the Constitution.
  3. In the 1967 landmark case of Loving v. Virginia, the U.S. Supreme Court unanimously declared Virginia’s ant miscegenation statutes unconstitutional. The case centered on Richard Loving, a white man, and Mildred Jeter, a woman of mixed African American and Native American ancestry, who were arrested for marrying in Washington, D.C., and returning to Virginia to live as a married couple. Virginia’s laws prohibiting interracial marriage were rooted in racial segregation, and the Lovings challenged them on the grounds that they violated the Fourteenth Amendment’s equal protection and due process clauses. The Court’s decision was a resounding affirmation of the right to marry regardless of race, effectively ending state laws that perpetuated racial discrimination in marriage.

 Progress Over Five Decades: Advancements and Challenges

In the past fifty years, substantial progress has been achieved in improving the rights and opportunities of Black individuals in the United States. Despite the persistence of challenges, noteworthy strides have been made in crucial areas such as education, employment, and civil rights. While recognizing these accomplishments, it’s important to acknowledge the ongoing hurdles that need to be addressed.

  1. Mid-20th Century Challenges: Poverty, Manual Labour, and Segregation:

During the mid-20th century, Black Americans faced significant hardships. Poverty was widespread, particularly in the South where many engaged in labour-intensive jobs like sharecropping. Manual labour jobs were predominant, perpetuating low wages and economic instability. Moreover, racial segregation exacerbated these disparities, limiting access to resources and opportunities.

Shifts in demographics and the economy played a pivotal role in altering the narrative of racial progress. New Deal legislation introduced minimum wage standards and disrupted the exploitation of low-wage Black labour in the South. The mechanization of agriculture and global competition prompted a mass migration of Black individuals to northern manufacturing jobs, leading to better wages and improved economic conditions. This Great Migration ultimately contributed to narrowing the income gap between Black and white families.

By the 1960s, transformative changes were evident. Black Americans shifted away from agricultural labour and entered skilled manual and white-collar jobs. This diversification of occupations was indicative of broader advancements in opportunities for Black individuals. It marked a departure from the limited roles that were traditionally available to them.

Efforts to achieve racial equality were reflected in policies such as minority- and female-owned business contracts. However, concerns arise regarding the long-term effectiveness of such initiatives. While initial results might show success, the sustainability of “sheltered” businesses without ongoing protection from market competition remains uncertain. Additionally, despite these efforts, a significant portion of Black families still live in poverty, raising questions about the effectiveness of the trickle-down effect of these policies.

Affirmative action policies were introduced to address persistent inequality. These policies led to the growth of Black professionals in various fields. However, debates continue about their effectiveness, as they have not significantly closed the unemployment gap for African Americans. The evolving nature of racial challenges over time complicates the assessment of the impact of affirmative action policies.

Education emerges as a cornerstone in the narrative of racial progress. While graduation rates for Black and white students have converged, true equality extends beyond this metric. Cognitive skills, which are fundamental for job market readiness, exhibit disparities between racial groups. Educational reforms that prioritize foundational knowledge over cultural sensitivities could play a pivotal role in addressing these longstanding disparities.

Conclusion:

In conclusion, this narrative has provided a multifaceted exploration of African-American culture, history, and progress over the past five decades, offering a comprehensive view of the challenges faced and the significant strides made in the pursuit of racial equality in the United States. Throughout this journey, we have witnessed the profound impact of historical legacies, including slavery, segregation, and systemic discrimination, on the experiences of Black Americans. We have seen how these historical injustices have left lasting imprints on the economic, social, and cultural landscape. Yet, against these formidable obstacles, we have also observed resilience, determination, and progress. The mid-20th century brought about transformative changes in economic opportunities, with Black Americans moving from manual labor to diverse occupations, thus narrowing the income gap. The 1960s marked a watershed moment, as the Civil Rights Movement fought for and achieved vital legislative changes aimed at dismantling racial segregation and discrimination. Affirmative action policies and minority-owned business contracts, while contentious, contributed to the growth of Black professionals in various fields. Education, we have learned, plays an indispensable role in this narrative. Bridging the skills gap and addressing disparities in cognitive skills are vital steps towards a more equitable future.

References

  1. . (2022, October 2). . – YouTube. Retrieved September 1, 2023, from http://ibguides.msubillings.edu/c.php?g=902153&p=6492380
  2. 14th Amendment to the U.S. Constitution: Civil Rights (1868). (2022, February 8). National Archives |. Retrieved September 1, 2023, from https://www.archives.gov/milestone-documents/14th-amendment
  3. Racial Relations during Reconstruction. (n.d.). The American Experience in the Classroom. Retrieved September 1, 2023, from https://americanexperience.si.edu/wp-content/uploads/2014/09/Racial-Relations-during-Reconstruction_.pdf
  4. Ray, R. (n.d.). Black Progress: How far we’ve come, and how far we have to go | Brookings. Brookings Institution. Retrieved September 1, 2023, from https://www.brookings.edu/articles/black-progress-how-far-weve-come-and-how-far-we-have-to-go/
  5. Willis, J., Wardenburg, F., & Reavis, J. (n.d.). Civil Rights Era (1950–1963) – The Civil Rights Act of 1964: A Long Struggle for Freedom | Exhibitions. Library of Congress. Retrieved September 1, 2023, from https://www.loc.gov/exhibits/civil-rights-act/civil-rights-era.html

[1] Brown v. Board of Education

[2] http://teachingamericanhistory.org/library/document/dred-scott-v-sandford/

[3] https://www.oyez.org/cases/1961/643

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