turn back the hands of time
TRANSCRIPT
-
8/13/2019 Turn Back the Hands of Time
1/30
Turn back the hands
of time
By Stanley Green
-
8/13/2019 Turn Back the Hands of Time
2/30
Turn back the hands of timeTurn back the hands of time is a political documentary to showproof the United States Supreme Court has engaged in apattern
or practice of discrimination. The Slave Trade Act of 1807
had outlawed slavery in the United States as criminal offenses.
In the 1857 case of Scott vs. Sanford the United States Supreme
Court ruled in favor of Sanford, who had no legal entitlement toown slaves after slavery had been outlawed in 1807. Supreme
Court Justice Roger B. Taney was born on a tobacco plantation
of slaves. His legal opinions were based upon his upbringing as
slave owner, rather than law. Tennessee Supreme Court et al has
followed suit to base interpretations upon upbringing not law.
Pattern or Practice of DiscriminationDepartment of Justice may file a lawsuit when there is reason to believe
that a person has engaged in a "pattern or practice" of discrimination or
has engaged in discrimination against a group of persons that raises an
issue of "general public importance." Often, the Department's lawsuits
allege that a defendant has done both. The courts have held that theAttorney General has discretion to decide what constitutes an issue of
"general public importance," and the courts will not second-guess that
decision. Thus, the Department can bring suit even when a
discriminatory act has occurred only once, if it affects a group of
persons and the Department believes that the discrimination raises anissue of general public importance (justice.gov).
-
8/13/2019 Turn Back the Hands of Time
3/30
Slave Trade Act of 1807The 1807 act was a comprehensive attempt to close the slave trade. By passing the law in March,
Congress gave all slave traders nine months to close down their operations in the United States. The tensections of the 1807 act were designed to eliminate all American
participation in the trade. Section 1 set the tone. After January
1, 1808, it would "not be lawful to import or bring into the United
States or the territories thereof from any foreign kingdom, place, or
country, any negro, mulatto, or person of colour, with intent to hold,
sell, or dispose of such [person] ... as a slave, to be held to service orlabour." The act provided an enormous penalty up to $20,000
for anyone building a ship for the trade or fitting out an existing
ship to be used in the trade. Penalties for participating in the trade
varied. American citizens were subject to fines of up to $10,000 and
jail terms of no less than five years and no more than ten years.Ships of any nation found in American ports or hovering off the
American coast with Africans on them could be seized and
forfeited, with the captain facing a $10,000 fine and up to four years in prison. Any American who
purchased an illegally imported slave would lose that slave and be fined $8,000 for every one purchased.
The law allowed the United States Navy to interdict ships involved in the illegal trade. It also required
ships legally transporting slaves from one part of the nation to another (the domestic slave traderemained legal until 1865) to register their passengers with port authorities before commencing their
voyage. The law certainly had teeth to it. Fines under the statute were enormous, and the potential jail
time was surely enough to discourage most slave smugglers. Moreover, for the Jefferson administration,
which never much liked federal power, this act constituted a huge grant of power to the national
government. Had Congress provided sufficient funding to enforce the law, it would surely have closedthe trade. Funding would, however, be problematic until the Civil War (abolition.nypl.org).
-
8/13/2019 Turn Back the Hands of Time
4/30
Fugitive Slave ActsFugitive Slave Acts were a pair of federal laws that allowed for the capture and
return of runaway slaves within the territory of the United States. Enacted byCongress in 1793, the first Fugitive Slave Act authorized local governments to
seize and return escaped slaves to their owners and imposed penalties on
anyone who aided in their flight. Widespread resistance to the 1793 law later
led to the passage of the Fugitive Slave Act of 1850, which added further
provisions regarding runaways and levied even harsher punishments for
interfering in their capture. The Fugitive Slave Acts were among the mostcontroversial laws of the early 19th century, and many Northern states passed
special legislation in an attempt to circumvent them. Both laws were formally
repealed by an act of Congress in 1864 (history.com).
Dred Scott vs. Sanford 1857In 1846, Dred Scott, a slave, sued in a Missouri court for his freedom from
his master. Scott argued that his service for Dr. Emerson in Illinois, a state
from which slavery has been excluded by the Missouri Compromise, made
him a free man. Eventually, the case reached the Supreme Court made of
nine judges who interpreted theConstitution in regards to cases. At that time
the court reflected the attitudes of the time and in a 7-2 decision ruled againstScott. The most important point in this case was that blacks were not
considered people but property and since they were property they could not
petition for rights. Chief Justice Taney wrote that it was "too clear to dispute,
that the enslaved African race were not intended" by the men that signed the
Declaration of Independence in 1776 to be included as citizens of the nation
they sought to establish (score.rims.k12.ca.us).
-
8/13/2019 Turn Back the Hands of Time
5/30
Roger TaneyRoger Taney was born in Calvert County, Maryland, into a tobacco plantation family that owned numerous slaves. As
the second son, he was not destined to inherit the property, so
he prepared himself for the law. He received his higher education atDickinson College, from which he graduated in 1795. In 1799, Taney
was admitted to the bar and was elected to the Maryland legislature
for a two-year term. He emerged as a leader of the Federalists,
although he broke with some of his colleagues when he supported
the War of 1812. Following the conflict, he served multiple terms in
the state senate beginning in 1816 while building a successful lawpractice.In 1824, Taney switched his political allegiance to support the
candidacy of Andrew Jackson. He became the state attorney general ofMaryland in 1827 and later, in 1831, he was appointed U.S.
attorney general. He received a recess appointment as secretary of
the treasury when two of Jacksons appointees refused to cooperate
with the presidents plan to withdraw funds from the Bank of the United States. Taney complied with Jacksons wishes,but was punished by the Senate, which refused to ratify his nomination at Treasury and later as an associate justice ofthe Supreme Court.Following the death of John Marshall, Taney managed to win confirmation as chief justice of the
Supreme Court in 1836. Major decisions during his lengthy tenure included Charles River Bridge Company vs. Warren Bridge
(1837), the Dred Scott decision (1857) and Merryman, ex parte (1861).InAbleman v. Boothin 1859, Taney explained his
view of state and federal powers. Sherman Booth had been sentenced by a Federal court for the crime of assisting in
the rescue of a fugitive slave in Milwaukee, Wisconsin. The state Supreme Court had released him on a writ of habeascorpus, because in the court's opinion the Fugitive Slave Act was unconstitutional. When the case came before the U.S.
Supreme Court, the unanimous decision was that the Fugitive Slave Act was constitutional and that state courts could
not interfere with Federal prisoners by means of habeas corpus (u-s-history.com).
-
8/13/2019 Turn Back the Hands of Time
6/30
Emancipation ProclamationWhen the American Civil War (1861-65) began, President Abraham
Lincoln carefully framed the conflict as concerning the preservation of theUnion rather than the abolition of slavery. Although he personally found
the practice of slavery abhorrent, he knew that neither Northerners nor
the residents of the border slave states would support abolition as a war
aim. But by mid-1862, as thousands of slaves fled to join the invading
Northern armies, Lincoln was convinced that abolition had become a
sound military strategy, as well as the morally correct path. On September22, soon after the Union victory at Antietam, he issued a preliminary
Emancipation Proclamation, declaring that as of January 1, 1863, all slaves
in the rebellious states "shall be then, thenceforward, and forever free."
While the Emancipation Proclamation did not free a single slave, it was an
important turning point in the war, transforming the fight to preserve thenation into a battle for human freedom.
ReconstructionCongress passed the first Reconstruction Act on 2nd March, 1867.
The South was now divided into five military districts, each under a
major general. New elections were to be held in each state with freedmale slaves being allowed to vote. The act also included an
amendment that offered readmission to the Southern states after they
had ratified the Fourteenth Amendment and guaranteed adult male
suffrage. President Andrew Johnson immediately vetoed the bill but
Congress re-passed the bill the same day (Spartacus).
-
8/13/2019 Turn Back the Hands of Time
7/30
The Freedmans BureauThe Freeman's Bureau was established by Congress on 3rd March, 1865. The bureau was designed to
protect the interests of former slaves. Thisincluded helping them to find new
employment and to improve educational
and health facilities. In the year that followed
the bureau spent $17,000,000
establishing 4,000 schools, 100 hospitals
and providing homes and food for formerslaves. The Freeman's Bureau also helped to
establish Howard University in
Washington in 1867. Instigated by the
Radical Republicans in Congress it was
named after General Oliver Howard, aCivil War hero and commissioner of the
Bureau of Refugees and a leading figure in
the Freeman's Bureau. Attempts by Congress
to extend the powers of the Freemen's Bureau was vetoed by President Andrew Johnson in February,
1866. This increased the conflict between Johnson and the Radical Republicans in Congress (Spartacus).
-
8/13/2019 Turn Back the Hands of Time
8/30
President Andrew JohnsonIn 1864, Republican Abraham Lincoln chose Andrew Johnson, a Democratic senator from Tennessee,
as his Vice Presidential candidate. Lincoln was looking for Southern support. He hoped that by selectingJohnson he would appeal to Southerners who never wanted to leave the Union. The views of the Vice
President rarely matter too much, unless something
happens to the President. Following Lincoln's
assassination, Johnson's views now mattered a great
deal. Would he follow Lincoln's moderate
approach to reconciliation? Would he support limitedblack suffrage as Lincoln did? Would he follow the
Radical Republicans and be harsh and punitive toward
the South? Johnson believed the Southern states should
decide the course that was best for them. He also felt
that African-Americans were unable to manage theirown lives. He certainly did not think that African-
Americans deserved to vote. At one point in 1866 he
told a group of blacks visiting the White House that they should immigrate to another country.
Johnson's vision of Reconstruction had proved remarkably lenient. Very few Confederate leaders were
persecuted. By 1866, 7,000 Presidential pardons had been granted. Brutal beatings of African-Americans
were frequent. Still-powerful whites sought to subjugate freed slaves via harsh laws that came to beknown as the Black Codes. Some states required written evidence of employment for the coming year or
else the freed slaves would be required to work on plantations (ushistory.org).
-
8/13/2019 Turn Back the Hands of Time
9/30
Black CodesBlack Codes was a name given to laws passed by southern governments established during the
presidency of Andrew Johnson. These laws imposed severe restrictions on freed slaves such asprohibiting their right to vote, forbidding them to sit on juries, limiting their right to testify against white
men, carrying weapons in public places and working in certain
occupations. After the American Civil War the Radical Republicans
advocated the passing of the Civil Rights Bill, legislation that
was designed to protect freed slaves from Southern Black Codes
(laws that placed severe restrictions on freed slaves such asprohibiting their right to vote, forbidding them to sit on juries,
limiting their right to testify against white men, carrying
weapons in public places and working in certain occupations).
In April 1866, President Andrew Johnson vetoed the Civil Rights
Bill. Johnson told Thomas C. Fletcher, the governor of Missouri: "This is a country for white men, andby God, as long as I am President, it shall be a government for white men." His views on racial equality
was clearly defined in a letter to Benjamin B. French, the commissioner of public buildings: "Everyone
would, and must admit, that the white race was superior to the black, and that while we ought to do our
best to bring them up to our present level, that, in doing so, we should, at the same time raise our own
intellectual status so that the relative position of the two races would be the same" (Spartacus)
-
8/13/2019 Turn Back the Hands of Time
10/30
Jim Crow 1877-1960sJim Crow was the name of the racial caste system which operated primarily, but not exclusively in
southern and Border States, between 1877 and the mid-1960s. Jim Crow was more than a series of rigidanti-black laws. It was a way of life. Under Jim Crow,
African Americans were relegated to the status of
second class citizens. Jim Crow represented the
legitimization of anti-black racism. Many Christian
ministers and theologians taught that whites were the
Chosen people, blacks were cursed to be servants, and Godsupported racial segregation. Craniologists,
eugenicists, phrenologists, and Social Darwinists, at every
educational level, buttressed the belief that blacks were innately intellectually and culturally inferior to
whites. Pro-segregation politicians gave eloquent speeches on the great danger of integration: the
mongrelization of the white race. Newspaper and magazine writers routinely referred to blacks asniggers, coons. The Jim Crow system was undergirded by the following beliefs or rationalizations: whites
were superior to blacks in all important ways, including but not limited to intelligence, morality, and
civilized behavior; sexual relations between blacks and whites would produce a mongrel race which
would destroy America; treating blacks as equals would encourage interracial sexual unions; any activity
which suggested social equality encouraged interracial sexual relations; if necessary, violence must be
used to keep blacks at the bottom of the racial hierarchy (ferris.edu). , . '
-
8/13/2019 Turn Back the Hands of Time
11/30
The Civil Rights Act of 1866Civil Rights Act (1866) was passed by Congress on 9th April 1866 over
the veto of President Andrew Johnson. The act declared that allpersons born in the United States were now citizens, without regard to
race, color, or previous condition. As citizens they could make and
enforce contracts, sue and be sued, give evidence in court, and inherit,
purchase, lease, sell, hold, and convey real and personal property.
Persons who denied these rights to former slaves were guilty of a
misdemeanor and upon conviction faced a fine not exceeding $1,000,or imprisonment not exceeding one year, or both. The activities of
organizations such as the Ku Klux Klan undermined the workings of
this act and it failed to guarantee the civil rights of African Americans.
Benjamin Franklin ButlerFebruary of 1871 Massachusetts Representative Benjamin FranklinButler introduced a new piece of federal legislation called the Ku
Klux Klan Act, also commonly referred to as the Civil Rights Act of
1871. This act gave the federal government the legal ability to
intervene whenever people's federal rights were being violated by
their state governments. It would also allow individuals to file suitsagainst state politicians who practiced illegal forms of discrimination.
Article Source: http://EzineArticles.com/1423022
-
8/13/2019 Turn Back the Hands of Time
12/30
Enforcement Act of 1870The Enforcement Act of 1870 (Formally, "An Act to enforce the Right of Citizens of the United States
to vote in the several States of this Union, and for other Purposes," 41st Congress, Section. 2, ch. 114,16 Stat. 140, enacted May 31, 1870, effective 1871) was an act
that restricted the first wave of the groups that made up the
Klan. In this act, the government banned the use of
terror, force or bribery to prevent people from voting
because of their race. Other laws banned the KKK entirely.
Hundreds of KKK members were arrested and tried ascommon criminals and terrorists. The first Klan was all
but eradicated within a year of federal prosecution. Sec. 2.
And be it further enacted, that if by or under the authority
of the constitution or laws of any State, or the laws of any
Territory, any act is or shall be required to be done as aprerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall
be charged with the performance of duties in furnishing to citizens an opportunity to perform such
prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give
to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to
become qualified to vote without distinction of race, color, or previous condition of servitude; and if any
such person or officer shall refuse or knowingly omit to give full effect to this section, he shall, for everysuch offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be
recovered by an action on the case, with full costs, and such allowance for counsel fees as the court shall
deem just, and shall also, for every such offence, be deemed guilty of a misdemeanor, and shall, on
conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one
month and not more than one year, or both, at the discretion of the court (Wikipedia).
-
8/13/2019 Turn Back the Hands of Time
13/30
-
8/13/2019 Turn Back the Hands of Time
14/30
Under Color of State Law " " ,
.
,
.
,
, ,
. " ,
, ' ."
. , 313 .. 2, 32 141 (.).
First branch of the Ku Klux KlanThe first branch of the Ku Klux Klan was established in Pulaski, Tennessee, in
May, 1866. A year later a general organization of local Klan was established in
Nashville in April, 1867. Most of the leaders were former members of the
Confederate Army and the first Grand Wizard was Nathan Forrest, an
outstanding general during the American Civil War. During the next two years
Klansmen wearing masks, white cardboard hats and draped in white sheets,tortured and killed black Americans and sympathetic whites. Immigrants, who
they blamed for the election of Radical Republicans, were also targets of their
hatred. Between 1868 and 1870 the Ku Klux Klan played an important role in
restoring white rule in North Carolina, Tennessee and Georgia (Spartacus)
-
8/13/2019 Turn Back the Hands of Time
15/30
13THAmendment (Abolition of slavery)Section 1.
Neither slavery nor involuntary servitude, except as a punishmentfor crime whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their
jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriatelegislation.
The 13th AmendmentThe Thirteenth Amendment was passed by the U.S. Senate (which
was dominated by Republicans) on April 8, 1864. However, the
amendment died in the U.S. House of Representatives as Democrats
rallied in the name of states' rights. The presidential election of 1864
brought Lincoln back to the White House along with Republican
majorities in both legislative bodies. On January 31, 1865, the
amendment passed in the U.S. House of Representatives by a vote of
119 to 56, seven votes above the necessary two-thirds majority.Several Democrats abstained, but the 13th Amendment was sent to
the states for ratification, which came on December 6, 1865. With
the passage of the amendment, the peculiar institution that had
indelibly shaped American history was eradicated (history.com).
-
8/13/2019 Turn Back the Hands of Time
16/30
14THAmendment (Equal Protection)
All persons born or naturalized in the United States, andsubject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Freed SlavesThe Fourteenth Amendment of the Constitution was passedby both houses on 8th June and the 13th June, 1866. The
amendment was designed to grant citizenship to and protect
the civil liberties of recently freed slaves. It did this by
prohibiting states from denying or abridging the privileges or
immunities of citizens of the United States, depriving any
person of his life, liberty, or property without due process of
law, or denying to any person within their jurisdiction the
equal protection of the laws.
-
8/13/2019 Turn Back the Hands of Time
17/30
15THAmendment (Equal Voting Rights)Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by theUnited States or by any state on account of race, color, or previous condition ofservitude.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
Do felons have the right to vote?Every American citizen has the right to vote. The 15thAmendment
has outlawed federal or state lawmakers from passing any laws toabridge or deprive American citizens of his or her Voting Right. In
other words, state lawmakers have no legal authority to enact
legislation that deny or abridge persons voting rights based upon
previous condition of servitude (slavery or imprisonment).
-
8/13/2019 Turn Back the Hands of Time
18/30
Do convicted felons have the right to vote?Based upon the 14TH& 15THAmendment as written by Congress every American citizen has the right to
vote regardless of race, color or previous condition of servitude (i.e. slavery or imprisonment). However,the United States Supreme Court and/or State Supreme
Courts Justices have misinterpreted the 14TH&
15THAmendments based upon his or her upbringing
(personal biases). Under color of state law public
officials have unlawfully or unconstitutionally denied
convicted felons equal protection under the law toenjoy and/or exercise his or her voting rights protected
under our United States Constitution. According to
the misinterpretation convicted felons have forfeited his or her American citizenship. If the latter
misinterpretation were true U.S. Immigrations and Customs Enforcement (ICE) would have to deport
him or her to another county, because he or she would be illegally residing in the United States. The
14THAmendment reads No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or
property,without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws. The Judgment Sheet is the official document that stipulates court ordered
sentence imposed upon parties convicted of misdemeanor of felony offenses. If the Judgment Sheet
hasnt stipulated exact orders for law enforcement agencies to revoke citizenship or voting rights, thenpublic officials are acting under color of state law to deny his or her citizenship or voting rights.
-
8/13/2019 Turn Back the Hands of Time
19/30
U.S. Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement is the principal investigative arm of the U.S. Departmentof Homeland Security (DHS). Created in 2003 through a merger of the investigative and interior
enforcement elements of the U.S. Customs Service and the
Immigration and Naturalization Service, ICE now
has more than 20,000 employees in offices in all 50
states and 47 foreign countries. Enforcement and
Removal Operations (ERO) enforces the nation'simmigration laws in a fair and effective manner. It
identifies and apprehends removable aliens, detains these
individuals when necessary and removes illegal aliens from
the United States. This unit prioritizes the apprehension,
arrest and removal of convicted criminals, those whopose a threat to national security, fugitives and recent
border entrants. Individuals seeking asylum also work with
ERO. ERO transports removable aliens from point to point, manages aliens in custody or in an
alternative to detention program, provides access to legal resources and representatives of advocacy
groups and removes individuals from the United States who have been ordered to be deported (ice.gov.
-
8/13/2019 Turn Back the Hands of Time
20/30
Brown vs. Board of Education 1954
The case that came to be known as Brown v. Board of Educationwas actually the name given to fiveseparate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public
schools. These cases were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of
Prince Edward County (VA.), Boiling v. Sharpe,
and Gebhart v. Ethel. While the facts of each
case are different, the main issue in each was
the constitutionality of state-sponsored
segregation in public schools. Once again,
Thurgood Marshall and the NAACP Legal
Defense and Education Fund handled these
cases. Although it acknowledged some of
the plaintiffs claims, a three-judge panel at theU.S. District Court that heard the cases ruled in
favor of the school boards. The plaintiffs
then appealed to the U.S. Supreme Court. When the cases came before the Supreme Court in 1952, the
Court consolidated all five cases under the name of Brown v. Board of Education. Marshall personally
argued the case before the Court. Although he raised a variety of legal issues on appeal, the most
common one was that separate school systems for blacks and whites were inherently unequal, and thus
violate the "equal protection clause" of the Fourteenth Amendment to the U.S. Constitution.
Furthermore, relying on sociological tests, such as the one performed by social scientist Kenneth Clark,
and other data, he also argued that segregated school systems had a tendency to make black children feel
inferior to white children, and thus such a system should not be legally permissible (uscourts.gov).
-
8/13/2019 Turn Back the Hands of Time
21/30
Rosa Parks 1955 ArrestRosa Parks (1913-2005) is one of the most enduring symbols of the tumultuous civil rights era of the
mid-twentieth century. Her 1955 arrest in Montgomery for refusing to give up her bus seat to a white
man sparked the Montgomery Bus Boycott and set in motion a
chain of events that resulted in ground-breaking civil rights
legislation and helped to bring Martin Luther King Jr. to the
forefront as the movement's leader. Parks continued to work for
civil rights causes during her entire life and was awarded the
nation's highest honors for her role in the movement. Rosa LouiseMcCauley was born in Tuskegee on February 4, 1913, to James
McCauley, a carpenter and stonemason, and Leona Edwards, a
teacher. She spent much of her childhood living with her maternal
grandparents in Pine Level, a small town in southeast Montgomery
County. There she began her education in an all-black school with
a single teacher serving all fifty students. In 1924 the 11-year-old McCauley enrolled in the Montgomery
Industrial School for Girls, which offered a vocational curriculum of cooking, sewing, and housekeeping
under the instruction of northern whites. Family illnesses forced McCauley to quit school at age sixteen,
when she began cleaning houses for white people and taking in sewing. At age 20, she married Raymond
Parks, a barber from Wedowee, Randolph County, and together they made a modest living. In the early
1940s, Parks became active in the Montgomery chapter of the National Association for theAdvancement of Colored People (NAACP), serving as its secretary and teaching young people about
their rights and responsibilities as U.S. citizens (encyclopediaofalabama.org).
-
8/13/2019 Turn Back the Hands of Time
22/30
Civil Rights Act of 1957On September 9, 1957, President Dwight D. Eisenhower signed into law the Civil Rights Act of 1957.
Originally proposed by Attorney General Herbert
Brownell, the Act marked the first occasion since
Reconstruction that the federal government undertook
significant legislative action to protect civil rights. Although
influential southern congressman whittled down
the bills initial scope, it still included a number of
important provisions for the protection of voting rights. Itestablished the Civil Rights Division in the Justice
Department, and empowered federal officials to prosecute
individuals that conspired to deny or abridge another
citizens right to vote. Moreover, it also created a six-
member U.S. Civil Rights Commission charged with
investigating allegations of voter infringement. But,
perhaps most importantly, the Civil Rights Act of 1957 signaled a growing federal commitment to the
cause of civil rights (Civil Rights Digital Library).
-
8/13/2019 Turn Back the Hands of Time
23/30
Civil Rights Act of 1964The Civil Rights Act of 1964 was born in the presidency of John F Kennedy who was elected president
in 1960. His support of civil rights issues in previous years had been patchy - he had opposed
Eisenhowers 1957 Act to keep in with the
Democrats hierarchy as he had plans to run
for president as well as Johnson. Kennedys
assassination shocked the world. His vice-
president - Lyndon Johnson - suddenly
found himself sworn in as president on AirForce One. Johnson had done what he
politically needed to do to stop the full
implementation of the 1957Civil Rights Act,
but despite the fact he was a Texan, he
realized that a major civil rights act was needed to advance African Americans within USA society. He
also used the shock of Kennedys murder to push forward the 1964 Civil Rights Act, part of what he
was to term his vision for America - the "Great Society". By January 1964, public opinion had started to
change - 68% now supported a meaningful civil rights act. President Johnson signed the 1964 Civil
Rights Act in July of that year. It gave federal government the right to end segregation in the South it
prohibited segregation in public places. A public place was anywhere that received any form of federal
(tax) funding (most places). This stopped lawyers homing in on the private places issue. This act tried tocover every aspect that some lawyer might use to avoid implementing this act.an Equal Employment
Commission was createdfederal funding would not be given to segregated schools (note that these had
been banned in 1954, ten years previous!)any company that wanted federal business (the biggest
spender of money in American business) had to have a pro-civil rights charter. Any segregationist
company that applied for a federal contact would not get it (historylearningsite.co.uk).
-
8/13/2019 Turn Back the Hands of Time
24/30
Voter Registration Act of 1965President Lyndon B. Johnson made civil rights one of his administration's top priorities, using his
formidable political skills to pass the Twenty-Fourth Amendment, which outlawed poll taxes, in 1964.
Now, a week after "Bloody Sunday" in Selma, Johnson gave a televised speech before Congress in which
he denounced the assault. Two days later, the
President sent the Voting Rights bill to Congress.
The resolution, signed into law on August 6, 1965,
empowered the federal government to oversee
voter registration and elections in counties thathad used tests to determine voter eligibility or where
registration or turnout had been less than 50 percent in
the 1964 presidential election. It also banned
discriminatory literacy tests and expanded voting rights
for non-English speaking Americans. The law's
effects were wide and powerful. By 1968, nearly
60 percent of eligible African Americans were registered to vote in Mississippi, and other southern states
showed similar improvement. Between 1965 and 1990, the number of black state legislators and
members of Congress rose from two to 160. The Voting Rights Act was extended in 1970, 1975, and
1982. Some key provisions are scheduled to expire in 2007. Despite some setbacks and debates, the
Voting Rights Act had an enormous impact. It re-enfranchised black southerners, helping elect AfricanAmericans at the local, state, and national levels (Core).members of Congress rose from two to 160.
-
8/13/2019 Turn Back the Hands of Time
25/30
-
8/13/2019 Turn Back the Hands of Time
26/30
-
8/13/2019 Turn Back the Hands of Time
27/30
Tennessee General Assembly(a) Legislative Intent
The cardinal rule of statutory construction is to effectuate legislative intent, with all rules of constructionbeing aides to that end. Therefore, it is presumed that every word in a statute has meaning and purpose
and should be given full effect if the legislatures intent is not violated by doing so. A courts obligation
is simply to enforce the written language.
Tennessee v. Layman, 214 S.W. 3d 442 (Tenn. 2007); In re C.K.G., 173 S.W.3d 714 (Tenn. 2005);Abels ex
rel. Hunt v. Genie Indus., Inc., 202 S.W.3d 99 (Tenn. 2006).(b) Ambiguity
Only when a statute is ambiguous should a court look to the entire statutory framework, the history of
the legislation, or other sources to ascertain legislative intent and purpose. Courts must presume that the
legislature was aware of and considered its prior enactments and the state of the law at the time the
legislature passed the legislation. If a phrase is found to be ambiguous, then the entire statutoryframework, the legislative history, and any other sources from which the legislative intent and purpose
can be derived may be considered. In resolving a statutory ambiguity, courts may consider "matters
beyond the text of the statute being construed," public policy, earlier versions of the statute, the caption
of the act, and "historical facts preceding or contemporaneous with the enactment being construed";
provided, however, no matter how illuminating non-codified external sources may be, a court cannot
provide a basis from departing from clear statutory provisions (captitol.tn.gov).
-
8/13/2019 Turn Back the Hands of Time
28/30
Tennessee Supreme CourtsInterpretation based upon upbringing
TCA 39-17-309 Civil Rights Intimidation subsection (a) has defined the intent of the general assembly forenacting said legislation. The general assembly has made it a Class D felony offense for anyone to violatesubsection (b). Likewise the general assembly has made it amisdemeanor for anyone to wear mask or be disguised withintent to violate subsection (b). There are four (4) paragraphs
listed that detail criminal infractions that may be litigatedin criminal courts. It may appear that each item isduplicate of the other. There is a distinction made betweenenjoyments vs. exercise. The law is covering either situation.Tennessee District Courts have allowed settlements ofCivil Rights cases in civil court. However, the State Attorney
General or District Attorney General should have litigatedCivil Rights infractions in criminal court on behalf of plaintiffs prior to obtaining Civil Rights settlements.Civil Rights infractions havent been treated as criminal cases, because Tennessee Supreme Court hasinterpreted constitutionality of Civil Rights cases based upon upbringing, rather than the law same asSupreme Court Justice Roger B. Taney had done with the United States Supreme Court. Justice Taneyhad disregarded the Slave Trade Act of 1807. The latter has become a pattern or practice of the SupremeCourt (Federal or State) to render interpretations based upon ones upbringing. Whereas, interpretationof TCA 39-17-309 Civil Rights Intimidation should be based upon the intent of the Tennessee GeneralAssembly as stated in subsection (a). The latter will enable Tennessee Supreme Court uphold the law.
-
8/13/2019 Turn Back the Hands of Time
29/30
Excessive Force
Police brutality or murderPolice brutality is a term used to describe any excessive and unnecessary physical force, assault, or verbal
abuse used by law enforcement when dealing with the public. The United States Code, the laws that
govern the day to day running of the country,
states that any person working under the
authority of a state law enforcement body whoviolates the civil rights of anyone in the U.S. is
liable to pay for any damages they cause.
There are some widely known cases of police
brutality, but there are thousands more that
never receive nationwide media
attention. Any time a police officer abuses his
or her authority and inflicts undue suffering
on any person it is an affront to not only the
victim of the pain, but to society as a whole.
The people we depend on to protect us from
criminal aggressors should never become theaggressors themselves (copbrutality.com).
-
8/13/2019 Turn Back the Hands of Time
30/30
Internal Affairs (Law Enforcement)The internal affairsdivision of a law enforcement agency investigates
incidents and plausible suspicions of law breaking and professional
misconduct attributed to officers on the force. In different systems,
internal affairs can go by another name such as "Internal Investigations
Division" (usually referred to as 'IID'), "professional standards,"
"inspectorate general", Office of Professional Responsibility or similar.
Non-internal affairs officers often derisively refer to the departments as
the "rat squad". Several police departments in the USA have beencompelled to institute civilian review or investigation of police
misconduct complaints in response to community perception that internal
affairs investigations are biased in favor of police officers (Wikipedia).
Civil Rights DivisionThe Civil Rights Division of the Department of Justice, created in 1957 bythe enactment of the Civil Rights Act of 1957, works to uphold the civil
and constitutional rights of all Americans, particularly some of the most
vulnerable members of our society. The Division enforces federal statutes
prohibiting discrimination on the basis of race, color, sex, disability,
religion, familial status and national origin.The Divisionenforces the Civil
Rights Acts; the Voting Rights Act; the Equal Credit Opportunity Act; the
Americans with Disabilities Act; the National Voter Registration Act; the
Uniformed and Overseas Citizens Absentee Voting Act; the Voting
Accessibility for the Elderly and Handicapped Act employment, credit,
housing, public accommodations and facilities, voting, and certain
federally funded and conducted programs (Justice.gov).