About the Civil Rights Cases of 1883

About the Civil Rights Cases of 1883   In the Civil Rights Cases of 1883, the United States Supreme Court ruled that the Civil Rights Act of 1875, which had prohibited racial discrimination in hotels, trains, and other public places, was unconstitutional. In an 8-1 decision, the court ruled that the Thirteenth and Fourteenth Amendments to the Constitution did not give Congress the power to regulate the affairs of private individuals and businesses. Background During the post-Civil War Reconstruction Period between 1866 and 1875, Congress passed several civil rights laws intended to implement the Thirteenth and Fourteenth Amendments. The last and most aggressive of these laws, the Civil Rights Act of 1875, imposed criminal penalties against the owners of private businesses or modes of transportation that restricted access to their facilities because of race. The law read, in part:   â€Å"†¦ all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.† Many people in both the South and the North objected to the Civil Rights Act of 1875, arguing that the law unfairly infringed on personal freedom of choice. Indeed, the legislatures of some Southern states had already enacted laws allowing separate public facilities for whites and African Americans. Details of the Civil Rights Cases of 1883 In the Civil Rights Cases of 1883, the Supreme Court took the rare route of deciding five separate but closely related cases with one unified ruling. The five cases (United States v. Stanley, United States v. Ryan, United States v. Nichols, United States v. Singleton, and Robinson v. Memphis Charleston Railroad) reached the Supreme Court on appeal from the lower federal courts and involved suits filed by African American citizens claiming they had been illegally been refused equal access to restaurants, hotels, theaters, and trains as required by the Civil Rights Act of 1875. During this time, many businesses had attempted to skirt the letter of the Civil Rights Act of 1875 by allowing African Americans to use their facilities, but forcing them to occupy separate â€Å"Colored Only† areas. Constitutional Questions The Supreme Court was asked to decide the constitutionality of the Civil Rights Act of 1875 in light of the Equal Protection Clause of the 14th Amendment. Specifically, the court considered: Did the Equal Protection Clause of the 14th Amendment apply to the day-to-day operations of privately-owned businesses?What specific protections did the 13th and 14th amendments provide for private citizens?Did the 14th Amendment, which prohibits state governments from practicing racial discrimination, also ban private individuals from discriminating under their right to â€Å"freedom of choice?† In other words, was â€Å"private racial segregation,† like designating â€Å"Coloreds Only† and â€Å"Whites Only† areas legal? The Arguments Presented to the Court Over the course of the case, the Supreme Court heard arguments for and against allowing private racial segregation and, thus, the constitutionality of the Civil Rights Act of 1875.    Ban Private Racial Segregation: Because the intent of the 13th and 14th Amendments had been to â€Å"remove the last vestiges of slavery† from America, the Civil Rights Act of 1875 was constitutional. By sanctioning practices of private racial discrimination, the Supreme Court would â€Å"permit the badges and incidents of slavery† to remain a part of Americans’ lives. The Constitution grants the federal government the power to prevent state governments from taking actions that deprive any U.S. citizen of his or her civil rights. Allow Private Racial Segregation: The 14th Amendment banned only the state governments from practicing racial discrimination, not private citizens. The 14th Amendment specifically declares, in part, â€Å"†¦ 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.† Enacted and enforced by the federal, rather than the state governments. The Civil Rights Act of 1875 unconstitutionally infringed on the rights of private citizens to use and operate their property and businesses as they saw fit.   The Court’s Decision and Reasoning In an 8-1 opinion written by Justice Joseph P. Bradley, the Supreme Court found the Civil Rights Act of 1875 to be unconstitutional. Justice Bradley declared that neither the 13th nor the 14th Amendment granted Congress the power to enact laws dealing with racial discrimination by private citizens or businesses. Of the 13th Amendment, Bradley wrote, â€Å"The 13th Amendment has respect, not to distinctions of race †¦ but to slavery.† Bradley added, â€Å"The 13th Amendment relates to slavery and involuntary servitude (which it abolishes); ... yet such legislative power extends only to the subject of slavery and its incidents; and the denial of equal accommodations in inns, public conveyances and places of public amusement (which is forbidden by the sections in question), imposes no badge of slavery or involuntary servitude upon the party, but at most, infringes rights which are protected from State aggression by the 14th Amendment.† Justice Bradley went on to agree with the argument that the 14th Amendment applied only to the states, not to private citizens or businesses. â€Å"The 14th Amendment is prohibitory upon the States only, and the legislation authorized to be adopted by Congress for enforcing it is not direct legislation on the matters respecting which the States are prohibited from making or enforcing certain laws, or doing certain acts, but it is corrective legislation, such as may be necessary or proper for counteracting and redressing the effect of such laws or acts,† he wrote. The Lone Dissent of Justice Harlan Justice John Marshall Harlan wrote the only dissenting opinion in the Civil Rights Cases. Harlan’s belief that the majority’s â€Å"narrow and artificial† interpretation 13th and 14th Amendments led him to write, â€Å"I cannot resist the conclusion that the substance and spirit of the recent amendments of the Constitution have been sacrificed by a subtle and ingenious verbal criticism.† Harlan wrote that the 13th Amendment did far more than â€Å"to prohibit slavery as an institution,† it also â€Å"established and decreed universal civil freedom throughout the United States.† In addition, noted Harlan, Section II of the 13th Amendment decreed that â€Å"Congress shall have power to enforce this article by appropriate legislation,† and had thus been the basis for the  enactment of the Civil Rights Act of 1866, which granted full citizenship to all persons born in the United States. Basically, Harlan contended that the 13th and 14th Amendments, as well as the Civil Rights Act of 1875, were constitutional acts of Congress intended to ensure African Americans the same rights to access and use of public facilities that white citizens took for granted as their natural right. In summary, Harlan stated that the federal government had both the authority and the responsibility to protect citizens from any actions that deprive them of their rights and to allow private racial discrimination would â€Å"permit the badges and incidents of slavery† to remain. Impact of the Civil Rights Cases Decision The Supreme Court’s decision in the Civil Rights Cases virtually stripped the federal government of any power to ensure African Americans equal protection under the law. As Justice Harlan had predicted in his dissent, freed of the threat of federal restrictions, Southern states began enacting laws sanctioning racial segregation. In 1896, the Supreme Court cited its Civil Rights Cases ruling in its landmark Plessy v. Ferguson decision declaring that requiring separate facilities for blacks and whites was constitutional as long as those facilities were â€Å"equal† and that racial segregation itself did not amount to unlawful discrimination. So-called â€Å"separate but equal† segregated facilities, including schools, would persist for over 80 years until the Civil Rights Movement of the 1960s swayed public opinion to oppose racial discrimination. Eventually, the Civil Rights Act of 1964 and the Civil Rights Act of 1968, enacted as part of the Great Society program of President Lyndon B. Johnson, incorporated several key elements of the Civil Rights Act of 1875.

Corythosaurus - Facts and Figures

Corythosaurus - Facts and Figures Name: Corythosaurus (Greek for Corinthian-helmet lizard); pronounced core-ITH-oh-SORE-usHabitat: Forests and plains of North AmericaHistorical Period: Late Cretaceous (75 million years ago)Size and Weight: About 30 feet long and five tonsDiet: PlantsDistinguishing Characteristics: Large, bony crest on head; ground-hugging, quadrupedal posture About Corythosaurus As you can guess from its name, the most distinctive feature of the hadrosaur (duck-billed dinosaur) Corythosaurus was the prominent crest on its head, which looked a bit like the helmet worn by the ancient Greek soldiers of the city-state of Corinth. Unlike the case with distantly related bone-headed dinosaurs like Pachycephalosaurus, however, this crest probably evolved less to establish dominance in the herd, or the right to mate with females by head-butting other male dinosaurs, but rather for display and communication purposes. Corythosaurus wasnt native to Greece, but to the plains and woodlands of late Cretaceous North America, about 75 million years ago. In a spectacular bit of applied paleontology, researchers have created three-dimensional models of Corythosaurus hollow head crest and discovered that these structures create booming sounds when funneled with blasts of air. Its clear that this large, gentle dinosaur used its crest to signal (extremely loudly) to others of its kindthough we may never know whether these sounds were meant to broadcast sexual availability, keep the herd in check during migrations, or warn about the presence of hungry predators like Gorgosaurus. Most likely, communication was also the function of the even more ornate head crests of related hadrosaurs like Parasaurolophus and Charonosaurus. The type fossils of many dinosaurs (most notably the north African meat-eater Spinosaurus) were destroyed during World War II by Allied bombing raids on Germany; Corythosaurus is unique in that two of its fossils went belly-up during World War I. In 1916, an England-bound ship carrying various fossil remains excavated from Canadas Dinosaur Provincial Park was sunk by a German raider; to date, no one has attempted to salvage the wreckage.

PAUL AND ELDER CRTICAL THINKING Essay Example | Topics and Well Written Essays - 500 words

PAUL AND ELDER CRTICAL THINKING - Essay Example A critical thinkers decision should be understandable, in that it can be elaborated and explained. It should be free from errors, mistakes and lies and should be detailed to a level. It should be logical , the ideas in ones reasoning should make sense, coherent and not contradict each other. It is through the seasoned practicing of these standards does one gain intellectual traits. Intellectual traits are virtues that are necessary for right action. These are values adopted by open minded thinkers who seek more than one opinion to arrive at the truth. Valuable intellectual traits include intellectual humility which is the ability for an individual to embrace the limits of his knowledge as opposed to claiming what he does not know or understand. I often say things which I have no knowledge for and it will suit me if I listen more and talk less in conversations on topics I have no knowledge of. A critical thinker is one who has the courage to face and discuss topics that are avoided by most people due to either its sensitivities or its correctness rationally and fairly. Some issues and topics are considered incorrect in our society and for that reason most people refrain from discussing such topics. I am no different as I shy away from topics that are deemed sensitive but it is important if I find out this issues for myself and what is wrong with such an issue thus giving me the courage to discus those issues rationally. The ability to put myself in others shoes in order to better understand other individuals point of view is a trait that I have lacked.Listening to other points of view more often and trying to understand where this views are coming from will take a step closer to attaining intellectual

Literature Analysis Assignment Example | Topics and Well Written Essays - 1750 words

Literature Analysis - Assignment Example Hierarchical organizations that need a focused approach for task completion appealed to a leadership style that was more authoritarian in nature where as an organization with the same demographics needing to explore/brainstorm new ideas, required less restriction. Existence of different leadership styles is an indicator of possible differences in effectiveness of the styles in different organizational environments or differences in leader’s traits to facilitate effectiveness of a leadership style. Almansour (2012) sought to investigate relationship between leadership approach and leaders’ effectiveness, with focus on the leaders’ level of motivation. This was based on the hypothesis that leaders’ performance is an indicator of their level of motivation. The author applied an exploratory approach on existing literature on the relationship, approach that offers sufficient data for an in-depth analysis of a subject matter. The research method is however limited to reliability and validity of the applied literature, which may also be difficult to ascertain. The author identifies three leadership styles that are explored. Transformational leadership is the first style, is associated with change and influence, and has fo ur fundamental factors. Idealized influence is one of the factors and defines a mentorship role to followers. The factor also attracts trust and respect on leaders and these empower leaders towards effectiveness, and ensure that followers are obedient to the leader’s directions. Intellectual stimulation is another of the author’s reported factors and defines ability to promote creativity and innovation among followers through improving people’s rationale and ability to solve problems. Transformational leaders are also inspirational, improving followers commitment to objectives, and considerate to ensure utility in both followers and the subject organization. These factors therefore identify

Movie ticket pricing Essay Example for Free

Movie ticket pricing Essay Household behavior forms an interesting area of study for economists given that the human aspect involved in making of economic decisions by a household vary a lot depending on the perception of a commodity or service in the market. This is done in the view of gaining a certain level of utility only known to the consumer. One such area that has attracted scrutiny is the consumption and pricing of movie tickets and goods sold in the movie theaters. An article by Jennifer McNulty titled â€Å"Concessions on Movie Ticket Pricing? details the tricks present in the pricing of movie tickets and products such as popcorn crisps and soft drinks sold in the movie theaters. This paper critically analyses this article and discusses the economic sense in the article plus a reflection on the whole issue. Article review In this article the writer is worried about the high charges of popcorn in movie theaters than in ordinary shopping outlets. This she poses as the introductory question in the article asking â€Å"why does popcorn cost so much at the movies? † She notes that despite the high prices, movie goers are always willing to pay the high prices charged for the popcorn as evidenced by â€Å"all the people standing in line waiting to buy popcorn, soft drinks, and candy†. The author notifies us of the findings of a research by Stanford and the University of California, Santa Cruz that reveals the trick behind this idea. The findings show that charging lower prices for primary products in this case movie tickets and charging higher prices for secondary products in this case popcorn, beverages, peanuts etc drives the customer into seeing the bargain in the primary product and not the overcharging in the secondary product. This will always keep demand for both high courtesy of low price tickets. The author says â€Å"If you want to bring more consumers into the market, you need to keep ticket prices lower to attract them†. Products sold in movie theaters are charged on concession basis in that there is an added price on the product as a â€Å"commission† to the vendor. They account a lot in term of revenue for movie theaters as Jennifer says that â€Å"movie exhibition houses rely on concession sales to keep their businesses viable†. The idea according to Jennifer is that movie theaters transfer some movie charges to the concession goods. This then increases demand for movie tickets and revenues high but profits low. From the article we see that â€Å"Although concessions account for only about 20 percent of gross revenues, they represent some 40 percent of theaters profits†. Therefore it would seem that it is better to charge low prices for tickets so as movie consumers are made to believe that they have â€Å"saved† some amount on which they can spend on the concession goods. Unfortunately, this is just an illusion as the moviegoer ends spending more. Economic analysis of the article The movie theaters have hinged their business sense on the demand elasticity in response to price changes. They have noted that a proportionate increase in the price of movie tickets leads to a more than proportionate drop in demand of movie tickets. Therefore we would say that demand for movie tickets is perfectly elastic to price changes. On the other hand, demand for concession goods is not affected, as per the article by change in prices thus perfectly inelastic. Nevertheless, we would normally expect perfect some degree of elasticity when prices are increased to inconsiderate levels. This would probably force moviegoers to carry along products that they could have otherwise bought at the theater. From another economic perspective, we can say that there is a level of complementarity between the movie tickets and the concession goods though it is one sided. This is because of the fact that concession goods will and can only be consumed after purchasing a movie ticket. However, one can consume a purchase/consume a movie ticket without necessarily having to purchase any of the concession goods on sale in the theater. For fully complementary goods, it is impossible to consume one good in the absence of the other. In such cases, the price and demand of one affects the other. In the case of movie tickets and concession goods, the demand for movie tickets leads to a considerable increase in the demand for the more profitable concession goods. Unfortunately, demand for concession goods does not in any way affect the demand for movie tickets as a consumer can make use of the movie ticket alone without the concession good. Reflection Consumption of leisure hours by households do not usually follow economic principles witnessed in other goods and services. Households attach levels of utility on leisure hours as determined by fashion trends and culture. The idea of purchasing and consuming goods such as popcorns and peanuts in the movie theaters is something that has been nurtured by today’s generation and fashion. This is what is demonstrated in the article in that there is no economic sense that can link any complementing aspect between concession goods and movie tickets but just a creation of our society. It is thus the movie theaters that have capitalized on this fallacy to gain profits. I would personally think that the movie theaters have succeeded in making the best use an economic opportunity and are creating and inducing demand for otherwise low selling products in the name of concession goods. Therefore, the article plays its purpose of informing the moviegoers of where they â€Å"cheated†. In economic sense, the paper shows the power of elasticity in action.

Animal Testing in the Research Field Essay -- Biology Medical Biomedic

Animal research, or animal testing, is the use of animals in scientific researches to study and develop drugs for the life-taking diseases that human beings contract. It has been practiced for hundreds of years. Animal testing helps produced many vaccines and other drugs, like penicillin, and thus, save many human lives. On the other hand, animal testing also causes pain and kills a lot of animals used during the researches that many people oppose this practice. Supporters show their support, while opponents show their oppositions toward this controversial issue that is still in debates today. In a laboratory for animals, all sorts of animals, such as rats, mice, baboons, dogs, cats, and chimpanzees, can be found. All of them are locked in cages individually, kept away from the natural world of where they should have belonged. In addition, they may be connected to wires or may look aberrant because they are infected with â€Å"human diseases.† Scientists â€Å"force-feed chemicals to animals, conduct repeated surgeries on them, implant wires in their brains, crush their spines, and much more†¦ usually without any painkillers† (â€Å"Life in a Laboratory†). This practice is called â€Å"Animal Research,† which has been a controversial issue, placing the public’s emotions into a dilemma. Have you ever wonder how some of your personal care products were made? By trial and errors, scientists conduct many experiments, not on themselves, but on animals in order to successfully bring the newly developed products into the market. Some of the products are penicillin and many vaccines against diseases, like rabies and measles (â€Å"Animal Experiments†). These products would not have been created without the help or even the sacrifice of the animals in the animal ... ... Animal Test. 24 Jul 2014 . â€Å"Animal Testing.† Wikipedia, The Free Encyclopedia. 27 Jul 2014 . Wikimedia Foundation, Inc. 27 Jul 2014 . â€Å"Ethics of Research Involving Animals, The.† Nuffield Council on Bioethics. 24 Jul 2014 . â€Å"House of Lords – Animals in Scientific Procedures – Report.† The United Kingdom Parliament. 2010. 25 Jul 2014 . â€Å"Life in a Laboratory.† Stop Animal Test. 24 Jul 2014 . â€Å"Use of Laboratory Animals in Biomedical and Behavioral Research.† The National Academy Press. 1988. 24 Jul 2014 .

Being American

In America, anyone can grow to be successful and all it takes is hard work. A lot of instances in the country have proven that the playing field is level. There is no reason that any person can be hindered by his or her background from achieving success in America. It is possible to find any individual in any position, even the most unlikely. In some countries around the world, there are positions that are left for the privileged in the society; schools for the rich and those for the poor, occasions for the rich and those for the poor, and opportunities for the rich and those for the poor.Watching the documentary, Spellbound reveals an entirely different scenario in America. The documentary is on eight teenagers who walk their way to the finals in the Scripps Howard national spelling bee championship in Washington D. C. , from regional level. With hard work and commitment, success is possible in America and nothing can hinder this from taking place. The freedoms and opportunities in America means that once a person has a dream, is committed and willing to sacrifice in order to achieve it, there is nothing that can stop him or her from achieving it.There are hindrances and failures, but the fate of every American is in an individual’s willingness to dream and put efforts in achieving the dreams. Every dream in the country is offered an opportunity to be nurtured to achievement. The truth of this statement is evident where we meet unlikely heroes, who against all odds, achieve beyond imagination. From interview with their parents and teachers, it is realized that the students are hard working. They practice on a daily basis and have to start by winning in regional competitions before proceeding. Success however does not come in a silver platter.There are challenges and pressures that are faced by those who dare to dream and work hard in achieving their dreams. However, these challenges cannot hinder those who are determined to succeed from gaining success. The students in the documentary begin competing in a large group of over 250 students from different backgrounds and socio-economic status. They face tremendous pressures and challenges as the words they are meant to spell gets more difficult. Against all these challenges and pressures, eight of the students from different backgrounds get to the finals.Unexpectedly, out of the eight, two have single parents and three are children born of immigrants. This might seem a peculiar situation since in most cases; children who would be expected to win in such a tough competition are children from privileged families who are able to access private school education and other privileges like computers and television. The students who compete in the finals are talented and work hard to win the prize. As I watch the finals, I realize that any of the students is likely to win the prize.One of the parents, an immigrant dad, comments that in America, hard work brings success. This means that one d oes not have to be financially or socially privileged to become successful in the country. This is one country where one can grow to be a President, a Congressman or a Senator. There is an equal opportunity for all and all it requires is hard work. Every person in the country is entitled to become what he or she wishes and is provided with a level playing ground to compete with others eying the same opportunity. Work cited: Blitz, Jeffrey. Spellbound. Blitz/Welch, 2003.