The Triumph of ‘Jim Crow’, 1883-C1900 (Edexcel A-Level History): Revision Notes
The Role of the US Supreme Court in American Government
Understanding the US Supreme Court
The US Supreme Court played a crucial role in denying Black Americans their civil rights during the late 19th century. Understanding how this institution functioned and gained its power is essential to comprehending the legal obstacles faced by African Americans during this period.
The Supreme Court was not explicitly written into the original US Constitution of 1787. Instead, it was formally established through the Judiciary Act of 1789, which created it as the highest court of appeal for both civil law and criminal law cases, with authority over both national (federal) and state governments.
The Supreme Court's establishment in 1789 gave it jurisdiction over both federal and state matters, making it a uniquely powerful institution in American government. This dual authority would later become crucial in its ability to shape civil rights policy across the entire nation.
Key legal terms you need to know
Civil law refers to court cases between two individuals or private organisations. These cases typically involve one party requesting monetary compensation (damages) for harm caused by the other party's actions. For example, a dispute over a contract or property rights would be a civil case.
Criminal law involves cases where the federal government, state government, or local government prosecutes an individual or organisation for breaking the law. These cases can result in fines, imprisonment, or other penalties.
The chief justice is the presiding judge who leads the US Supreme Court, managing its proceedings and often writing important decisions.
The expansion of Supreme Court power under John Marshall
The Supreme Court's influence grew dramatically during the tenure of John Marshall, who served as the fourth chief justice from 1801 to 1835. Marshall's leadership fundamentally transformed the Court's role in American government.
Marshall established the principle of judicial review, which gave the Supreme Court the authority to interpret the meaning of the US Constitution. This was a groundbreaking development because it meant the Court could now determine whether laws passed by Congress or actions taken by politicians were unconstitutional (meaning they violated the Constitution).
The power of constitutional interpretation made the Supreme Court an equal branch of government alongside Congress and the President. This meant the Court could effectively strike down laws and policies it deemed unconstitutional, giving it enormous influence over American society and politics. This power would later be used both to protect and to deny civil rights.
The composition of the Supreme Court in 1883
By 1883, the Supreme Court consisted of nine justices. The chief justice at this time was Morrison P. Waite of Ohio, who led the Court during a critical period for Black Americans' civil rights.
The appointment process for Supreme Court justices:
- The President nominated a candidate for the position
- Two-thirds of the US Senate had to provide its "advice and consent" (approval) before the nominee could become a justice
Once appointed, Supreme Court justices served for life, giving them independence from political pressure. Decisions by the Court were made through majority voting among the nine justices.
The Civil Rights Cases of 1883
In 1883, the Supreme Court heard a series of cases collectively known as the Civil Rights Cases. These cases had an enormous and devastating impact on Black Americans' civil rights and shaped race relations for decades to come.
The Court's decision
The justices voted 8 to 1 in favour of declaring much of the civil rights legislation passed during Reconstruction unconstitutional. This meant that federal laws designed to protect Black Americans' rights were struck down and could no longer be enforced.
Only one justice, John M. Harlan, voted against this decision. He stood alone in defending the constitutionality of civil rights protections, but his dissenting voice was overwhelmed by the majority.
The Court's reasoning: distinguishing the Thirteenth and Fourteenth Amendments
Justice Bradley wrote the majority opinion explaining the Court's reasoning. His argument centred on what he claimed were fundamental differences between two key Constitutional amendments:
The Court's Distinction Between the Amendments:
The Thirteenth Amendment (ratified in 1865) abolished slavery and involuntary servitude throughout the United States. According to Justice Bradley and the majority, Congress had the power under this amendment to pass laws directly targeting slavery and its "incidents" (related practices and effects). These laws could operate directly on individuals' actions, whether or not state governments were involved.
The Fourteenth Amendment (ratified in 1868) prohibited states from:
- Abridging (limiting) the privileges or immunities of US citizens
- Depriving people of life, liberty, or property without due process of law
- Denying anyone equal protection under the laws
The crucial distinction: Justice Bradley argued that the Fourteenth Amendment only gave Congress power to act against state laws and state actions that violated these protections. According to this interpretation, Congress could not pass laws regulating how private individuals and private businesses treated Black Americans—it could only counteract discriminatory state laws.
This narrow interpretation meant that if a private hotel owner, restaurant owner, or theatre operator refused to serve Black customers, the federal government could not intervene under the Fourteenth Amendment. Only if a state government passed a law requiring such discrimination could Congress act.
The devastating impact of this interpretation
By distinguishing between state action and private discrimination, the Supreme Court severely limited the federal government's ability to protect Black Americans' civil rights. The Court ruled that federal civil rights legislation exceeded Congress's constitutional authority because it tried to regulate private conduct rather than just state actions.
Consequences of the Court's Decision:
This decision meant that:
- Private businesses could legally refuse to serve Black customers
- Racial discrimination in the private sector received legal protection
- The federal government was largely powerless to enforce civil rights
- Southern states could allow widespread discrimination to flourish
The 8-1 decision effectively gutted the civil rights protections that had been established during Reconstruction. It represented a major victory for white supremacists and marked the beginning of the Jim Crow era of legal segregation and systemic discrimination.
The significance for Black Americans
The Civil Rights Cases of 1883 had profound and long-lasting consequences for African Americans. The Supreme Court, which was supposed to protect constitutional rights, instead became an instrument for denying those rights to Black citizens.
This decision opened the door for:
- The spread of segregation in public accommodations, transportation, and services
- The development of the "separate but equal" doctrine (later formalised in Plessy v. Ferguson in 1896)
- Increased violence and intimidation against Black Americans without federal intervention
- The systematic disenfranchisement of Black voters through literacy tests, poll taxes, and other discriminatory measures
The lone dissenter, Justice Harlan, recognised the terrible impact this decision would have. His opposition highlighted that at least one member of the Court understood the injustice being perpetrated, but he was powerless to prevent it. Harlan's dissent would later be cited by civil rights advocates, but during his lifetime it had no practical effect.
Exam focus: analysing the Supreme Court's role
For analysis questions: Explain how the Court's narrow interpretation of the Fourteenth Amendment fundamentally weakened civil rights protections. Connect this to the broader context of Reconstruction's end and the rise of Jim Crow laws.
For significance questions: Evaluate both the immediate impact (striking down civil rights legislation) and long-term consequences (legitimising segregation for decades). Consider how the Court's decision reflected and reinforced white supremacist attitudes in American society.
For interpretation questions: Historians debate whether the Court was simply interpreting the Constitution as written or actively choosing to undermine Black civil rights. Consider how different historians view the justices' motivations and the political context of their decision.
Common pitfall to avoid: Don't assume the Supreme Court was a neutral arbiter of justice. During this period, it actively participated in denying Black Americans their constitutional rights. Your answers should reflect this reality whilst analysing the legal and constitutional arguments used to justify these decisions.
Remember!
Key Points to Remember:
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The US Supreme Court was established by the Judiciary Act of 1789 and gained the power of judicial review under Chief Justice John Marshall (1801-1835)
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In the Civil Rights Cases of 1883, the Supreme Court voted 8-1 to declare federal civil rights legislation unconstitutional, with only Justice Harlan dissenting
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The Court distinguished between the Thirteenth Amendment (which allowed direct federal action against slavery) and the Fourteenth Amendment (which the Court claimed only addressed state actions, not private discrimination)
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This narrow interpretation of the Fourteenth Amendment meant the federal government could not prevent private businesses and individuals from discriminating against Black Americans
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The decision had devastating consequences for Black civil rights, opening the door to decades of legal segregation, disenfranchisement, and violence during the Jim Crow era