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9 Cards in this Set

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  • Back
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation.

Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to remain equal.

The phrase was derived from a Louisiana law of 1890.
Black Codes
The Black Codes were laws in the United States after the Civil War with the effect of limiting the basic human rights and civil liberties of blacks.

Even though the U.S. constitution originally discriminated against blacks (as "other people" and both Northern and Southern states had passed discriminatory legislation from the early 19th century, the term Black Codes is used most often to refer to legislation passed by Southern states at the end of the Civil War to control the labor, migration and other activities of newly-freed slaves.
What was the reason for the Black Codes
The black codes were enacted immediately after the American Civil War. Though varying from state to state, they each endeavored to secure a steady supply of cheap labor, and continued to assume the inferiority of the freed slaves.

The black codes had their roots in the slave codes that had formerly been in effect. The premise behind chattel slavery in America was that slaves were property, and, as such, they had few, if any, legal rights.

The slave codes, in their many loosely-defined forms, were seen as effective tools against slave unrest, particularly as a hedge against uprisings and runaways. Enforcement of slave codes also varied, but corporal punishment was widely and harshly employed to great effect.
Who established the phrase "separate but equal"?
The Supreme Court decision in the "Plessy v. Ferguson" case.
"(requird) railway companies carrying passengers in their coaches in that State to provide equal, but separate, accomodations for the white and colored races..."
Where was "separate but equal" applied?
railroad cars, schools, voting rights and drinking fountains.
How did "separate but equal" NOT be equal in schools
The majority of all black schools received old textbooks, used equipment, and poorly prepared or trained teachers.

Black students were emotionally impaired when segregated at a young age.
How did "separate but equal" restrict the rights of the blacks in state voting?
State voting right restrictions, such as literacy tests and poll taxes created an environment that made it almost impossible for blacks to vote.
Enforcement Acts
The Enforcement Acts were passed by the United States Congress between 1870 and 1871. They were criminal codes which protected blacks’ right to vote, to hold office, to serve on juries, and receive equal protection of laws. The laws also said that if the states failed to act and enforce these laws, the federal government had the right to intervene. These acts were passed following the ratification of the Fourteenth Amendment to the United States Constitution which gave full citizenship to anyone born in the United States or freed slaves.[1] At the time, the lives of all newly freed slaves, and their political and economic rights were being threatened. This threat lead to the creation of the Enforcement Acts.
Executive Privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.

The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege.