This is part seven of our ongoing series "That Was A Long Time Ago'. We are examining the impact of the legal system has shaped the present
Introduction: Marbury v. Madison. Dred Scott, Plessey v. Ferguson
Marbury v. Madison is often praised as one of the most significant Supreme Court decisions due to its establishment of judicial review. In stark contrast, the Dred Scott decision is frequently criticized as the worst decision in U.S. history. However, some might argue that Dred Scott was the most honest decision, revealing the stark realities of racial attitudes of the time.
Plessey v. Ferguson: A Clarifying Decision
Plessey v. Ferguson stands out as an especially clarifying case in the legal history concerning racial segregation. This case stripped away any pretenses about the legal status of Black Americans, clearly demonstrating the perspectives and legal standards of the period.
Dr. Claud Anderson provides a powerful statement on the racial dynamics apparent within the judicial system:
“By appointing all Whites, they are saying that justice will be dispensed for Black folks in this country, whether it started in 1790 with slavery up to the present time based on justice being viewed through the eyes of White men and a White Supreme Court.”
The Impact of All-White Supreme Court Appointments
The composition of the Supreme Court reflected broader societal dynamics, with the first 57 justices being slave owners. Before 1950, only White men were appointed to approximately 125 positions, indicating how justice was historically perceived and dispensed in the U.S.
The Unresolved Legacy of Plessey v. Ferguson
Although it may appear that Plessey v. Ferguson has been overturned de facto, it has never been formally overturned de jure. The use of language, legal jargon, and statutes creates an illusion of equality while perpetuating systemic injustice that persists to this day. Legislative measures like the Civil Rights Acts often amounted to mere window dressing rather than substantive change.
The Reality of Post-Amendment Legal Challenges Despite the passage of the 13th, 14th, and 15th Amendments, Legal mechanisms of oppression such as Black Codes, Vagrancy laws, Jim Crow, and Segregation were established. According to Marbury v. Madison, these should have been deemed unconstitutional, and overturned. Plessey should have been adjudicated differently.
The Dual Justice System and Systemic Racism The justice system's two-tiered approach often ignored and unequally applied laws to Black Americans, demonstrating how justice is dispensed through a racial lens, contrary to the ideal of "Blind Justice".
The Intentional Dilution of the Amendments
Initially, the amendments were rejected as they suggested racial equality. Essentially they placed the Negro on equal footing with the White man. Thus, they were modified to ensure continued racial hierarchy, embedding systemic racism within the very law itself. As a conservative viewpoint suggests, these modifications and legal interpretations are evidence of racism interwoven with the nation's principles and statutes.
Conclusion: Recognizing Systemic Challenges
Claims of systemic racial disparities within the judicial system are indeed valid. Understanding the impact of these landmark Supreme Court decisions highlights the ongoing need to challenge and dismantle systemic racism within the legal framework of the United States.