Board of Regents v. Bakke Mock Trial Reaction

Today in Court we were presented with the Board of Regents v. Bakke; a case that was based off of the University of California's Medical School. The school decided to reserve 10 seats for African Americans only. Bakke was rejected from the medical school even though he had been more qualified than those who were accepted, and he argued that his rejection was because of the color of his race, which ultimately violated the Equal Protection Clause of the 14th Amendment. 

The Board of Regents proposed their side first. At the beginning they addressed the systemic inequality of the time, how other schools like Clemson and Arizona State were showing a rise in their affirmative action programs. They said that affirmative action wasn't about punishing one specific group, yet it was a promise that the public institutions will strive to represent the diversity of the people. 

One of the statements that still sticks with me to writing this reaction is about the diversity in the program. Creating diversity in the medical school ultimately helps the learning environment and atmosphere, in hopes of benefiting all students. This isn't intended to specifically put any group at a disadvantage, it simply wants to level the playing field for all individuals. 

With that it mind, the program is ensuring that future doctors will be able to understand and serve patients of all walks of life. They're not just simply lowering the standards of their medical school, yet that are just enlarging the criteria. 

Next up to the podium was the defendants of Bakke. Allan Bakke was a white individual who had applied to the University of California medical school, he had a great score on the MCAT exam, and on top of that had a higher GPA than others who had been admitted over him. This group argued that discrimination in any form against any person is wrong and is simply unconstitutional because of the 14th amendment. 

It was argued that students applying to medical programs should be equally judged by the universities based purely on their grades and test scores. The defendants mentioned that someone would say that they want to be accepted into a program because they deserved to be, not because their race made them more qualifying. 

The most qualified individuals should be trained and therefore when they enter the workforce, it will increase economic opportunity. Medical school is a highly competitive program to be admitted into, and as said during the trial, creating a less efficient medical market allows people who are unprepared to be treating patients to be put on the spot because they were only accepted for their race. 

All in all, the judge decided at the end of the mock trial that neither side wins. He said that policies should be completely changed and that race is only one aspect of the entire process, but should be factored in with all other things. 

This case was very interesting to learn from and hear argue in front of me. I think that both sides did a good job in presenting their view and how the case should be looked at. While in my eyes I would side with Mr. Bakke, I see how the judge made his decision and based on the information that was provided, I can also agree with him on how neither side should technically win. 

The Three Civil Rights Workers - EOTO

Three civil rights workers with the names of James Chaney, Michael Schwerner, and Andrew Goodman disappeared on June 21, 1964 near the town of Philadelphia Mississippi. What is now known and has developed into Mississippi Burning, the KKK had its eyes on this young group of men, men who had been very active in organizing local boycotts and trying to bring to light the importance of equality and justice for all. 

Chaney was an activist with the Congress of Racial Equality, also known as CORE. Passionate for the rights of black citizens, he worked in a fight for achieving their voting rights. Goodman and Schwerner were college students from New York who had been apart of the Freedom Summer initiative. Similar to Chaney, this initiative aimed to increase voter registration among African Americans in Mississippi. 

In June of 1964, the three men joined hundreds of other activists with similar viewpoints as them to participate in Freedom Summer, or the Mississippi Summer Project. This was a registration drive that hoped to increase the number of registered Black voters in Mississippi. African Americans weren’t the only ones apart of this campaign though, over 700 white volunteers joined them to fight against voter intimidation and discrimination occurring at the polls. 

On the 16th of June, a Black church located in Neshoba County was burned down; activists including Chaney, Schwerner and Goodman sought to go to the location and investigate the incident. 5 days later, on June 21st, the three were driving to the church when they were arrested for allegedly speeding. While they were only held in jail for about three hours, members of the Ku Klux Klan found out about them being in the area, and just like that they were abducted. 

When no one had heard from the men the next morning, a massive search for them had been initiated. Local citizens, civil rights groups, federal authorities including the FBI had joined in on the search, becoming one of the largest investigations in Mississippi. 

From June 24th to August 3rd, a massive search that included the National Guard had been going on. From back roads to swamps to hollows, people were doing anything and everything in order to find out an answer about the men. At this point, the worst had already been assumed, but there was still no evidence that supported either side. 

Finally, on August 4th, 1964, the bodies of the three men were discovered in a dam located near Philadelphia, Mississippi. Their deaths drew a significant amount of media attention to the civil rights movement and highlighted the violence that many activists in the South faced during the time. While several Klan members were compromised, the justice for the three men was extremely slow and they even received lesser charges further instituting the racism that occurred in the South during the time period. 

This incident heightened awareness for President Lyndon B. Johnson’s push for the Civil Rights Act of 1964. Their story continues to serve as an indicator for the ongoing struggle for justice and equality in America, and it creates a telescopic view of the public outrage of the situation that ultimately drives the need for legislative change. 

EOTO #3 Reaction Post

This afternoon I came into class to learn about the White History and Positives of the Reconstruction Era. It was quite informative to be able to sit in a learn about some major historic events and particular law that was embodied during Reconstruction, both negatively and positively. 

To start, some of the negative things about Reconstruction or for say, White History that I learned began with the Negro Motorist Green Book was established in 1936 by Victor Hugo Green. The book provided safe travel options for African Americans during segregation. It showed the resilience of Black travelers, creating a community in the face of discrimination. 

The Wilmington Massacre of 1898 marked the only known violent overthrowing of the legally elected government in the entire history of the United States. The Massacre resulted in the deaths of 60-300 black citizens and forced a wide spread displacement of African Americans from the city. 

Another big thing mentioned was Sundown Towns. These were towns that excluded African Americans from remaining in the town following sunset. In accordance to this, some towns would even sound sirens at night. Edmond was a major town in which boasted about its all white supremacy. For example, on their postcards, they wrote "6,000 live citizens, with no negroes."

Lynchings were another big part of the white race in the south. These were acts of public killings of people who had not received any due process; they were used by whites to control and terrorize the black people during the 19th and 20th centuries. 

On the other hand, there were several positives to come from Reconstruction, and that started with Executive Order 9981. Signed by President Truman, the Committee of Equality and Treatment of Armed Services investigated the racial practices that had been used in war overseas, and this was able to advocate for desegregation among all workplaces. 

To go along with that was the importance of African Americans in World War II. Over a million African Americans served in the military, breaking significant racial barriers. While many had been forced into jobs like truck drivers and cooks, they were able to prove their talents by campaigning with leadership and skill in battle. 

Thurgood Marshall was the first African American Supreme Court Justice. He was rejected from the University of Maryland Law school because of his race, but went on to still graduate and become a lawyer out of Howard University. Marshall joined the NAACP as a staff lawyer before being declared chief in 1940. 

The last thing I will mention about what I learned was Porgy and Bess. Considered the first great American opera, this opened up the world of opera to becoming desegregated. Having an all African American cast, Porgy and Bess set a groundbreaking precedent for future performances and formed people to accept that segregation was beginning to deteriorate. 

While I thought I had known a decent amount about the Reconstruction Era, during this EOTO, I was able to learn all these things which I know can be important in future history classes. I enjoy being able to hear my classmates discuss and teach about a specific topic that they focused on heavily for the past week or so. I think this is a great way to continue learning new things and being able to interact with people in the class. 

Brown v. Board of Education Mock Trial

Good afternoon everyone, your honor. 

Today I come to share a few words about the law in the years leading up to the substantial court case, Brown vs. the Board of Education. 

The Civil Rights Act of 1866 was the first federal law in the United States to define citizenship and protect the civil rights of all citizens equally. In the midst of the Civil War, this act aimed to protect the rights of African Americans during a time where they had been brutalized and treated as none other than property. 

This Act served as a model for the 14th amendment. An amendment that overruled the Dred Scott v. Sanford decision. It stated that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States and that no state shall deprive any person of life, liberty, or property, without due process of the law, nor deny any person equal protection under the law. 

But where does the law fall under the case of Brown vs. The Board of Education?

Today we argue that racial segregation in public schools, specifically regarding the "separate but equal" doctrine, violates the Equal Protection Clause of the Fourteenth Amendment, meaning that separate schools for Black and white students are inherently unequal and therefore unconstitutional. 

In 1896, the famous case, Plessy vs. Ferguson upheld the idea of "separate but equal," which encouraged and allowed racial segregation in all public facilities as long as the facilities were "equal." 

Under the Equal Protection Clause of the 14th Amendment, the facilities for black students are not equal, invalidating the doctrine established by Plessy v. Ferguson. 

Legally, this case is very significant to the idea of a constantly changing Constitution. It is crucial that a document created at the birth of America has the ability to adapt and change to the societal norms and customs of the time, to be able to change when it sees fit. This is a landmark case that must change the Constitution. African Americans should not receive any less of an education because of the facilities they are forced to be in, even when some, if not all, are more than enough qualified and deserve to be in the room with a white student. 

If we take a look into history, there were several cases in which set a clear path for the overturning of Plessy vs. Ferguson, and for you to make a decision in which desegregates all public schools.  

In 1938, the State of Missouri ex. rel. Gaines vs. Canada held that denying African Americans admission to a state law school while providing no equal alternative for them was a violation of the 14th Amendment and meant that public education in general must offer equal opportunities to its students whether they are white or black. 

Similar to the 1938 case was Sweatt vs. Painter (1950). This case yet again challenged the "separate but equal" doctrine. It declared that the segregated law school set up for African Americans in Texas was inferior to the University of Texas Law School, thus again violating the Equal Protection Clause of the 14th Amendment. 

There are various other cases prior to 1954 that argued for similar if not the exact same thing as the two mentioned above. What's important about this, is that the Brown case is not some random decision you will be deciding today. The argument for equal opportunities for Blacks goes back years prior to this day. While this is not the first case to make the argument against the "separate but equal" doctrine, it will pave a way for future Civil Rights Movements and bring about a greater awareness to the racial inequalities that all African Americans face, and in particular, the ones they face in education.

So, because of this, I urge you to side with Brown. Know that this isn't the first time an argument like this has come to light. It is a continuing problem among the education of all African Americans, and we should no longer have to fight each state and each specific school for the equality and education that is deserved. 

Thank you. 

In the Heat of the Night

"In the Heat of the Night" is a 1967 American mystery drama directed by Norman Jewison. Set in the south, which was very racially separated at the time, the movie follows an African American detective while he investigates a murder in a small Mississippi town. 

The movie powerfully demonstrates the harsh realities of the "separate but equal" doctrine held up in the Supreme Court's decision in Plessy vs. Ferguson. Depicting a racially divided society in Sparta, Mississippi, the movie exemplifies the meaning behind "separate but equal," which is an unequal and unjust world. The system ends up placing African Americans into a life of violence. Through the racial tensions and treatment of Det. Tibbs, the film debunks the idea that separate facilities can never ever be equal in their quality. 

One of the most vivid indicators of inequality in the Sparta area is the community's treatment of Detective Tibbs. Even though he is an experienced detective, the white residents of the town view him with spitefulness. When he first arrived in town, he is falsely accused of murder simply because of the color of his skin. Right from the bat we are introduced to the failure of the "separate but equal" doctrine because it shows that being African American in a town like Sparta means that you can be presumed guilty regardless of your character. 

There are a great amount of disparities between the communities of African Americans and Whites in Sparta. African Americans are denied equal opportunities as the whites, and are living under a constant threat of violence. Far from a utopia, the doctrine has pushed Black citizens to a lower social and economic status, yet again allowing the white population to have superiority and greater control over what they would call "minorities."

The towns police department is led by Chief Gillespie. Initially, the relationship between Det. Tibbs and Chief Gillespie has a lot of mistrust and suspicion. Gillespie, a white chief of police embodies many of the biases and racist attitudes of a typical small white town. When the two have to come together to work with one another on a murder case, their relationship gradually shifts from resentment to mutual respect.  This comes to recognize the promise of the "separate but equal" doctrine where people finally begin to recognize the humanity of the other race, yet the system of segregation doesn't allow for the same relationships. More so, this relationship symbolizes the potential for understanding change in an ever so stuck up American southern society. 

For the people of Sparta, the term, "separate but equal" means more than segregation, it means a way of life to them; it is the way in which they view African Americans, people of inferiority, people whose lives and rights are at a constant risk of being violated. 

I think looking back on how I viewed this movie, I finally left the room with a positive feeling. While it delved into the painful and uncomfortable truths about racism towards African Americans in the south, there were many points of hope, resilience, and change. One of the most notable things as I mentioned before was the relationship between Gillespie and Tibbs. While they may not have become the best of friends, the progress they make is quite meaningful, and it symbolizes that even a small step is a step forward. So while there are dark points, I left with a bit of optimism, showing how people can grow towards optimism even if it takes a lot of time and is a very small improvement. 

Plessy v. Ferguson Mock Trial Reaction

Presented in the court room today was the case of Plessy vs. Ferguson. Plessy bought a first-class ticket and upon entering the white carriage was arrested and escorted off the train, in which some may say, 'in a rough way.' He was then fined under the Louisiana State Law; Plessy challenged this, claiming that under the 14th amendment and its Equal Protection Clause, having separate cars for black and white passengers clearly violates his rights under the 14th amendment clause. 

The trial opened with the side in whom defended Plessy. They began with the ratification of the 13th amendment. One of the important things said here was, "seeds of justice had already been planted." 

A great point about discrimination was brought up. Why do we, as whites, discriminate against people who don't look the same as us. We discriminate against people who didn't "choose" who they were when they were born. As for religion, God sees us as equals, so why can't we look past these differences?

Plessy was 1/8th African American. He was only 1/8th different from those sitting around him. So yet again, how do we pick and choose who can and can't sit in a certain car, well this is a great thing to think about. 

This, "separate but equal" era truly harms the economy. There had be separate facilities for everything; that included, education, transportation, and so much more. The taxpayers are the ones who keep these public things going. Paying for double infrastructure ultimately becomes a burden. Instead, integrating things like school and transportation can allow the savings from this to be redirected for more important services like our military. 

Traditions are a valuable thing, especially for the African American culture. Segregation is basically telling them that their traditions, their culture is inferior to everyone else. In the Declaration of Independence, "All men are created equal," the 14th amendment, no state shall deny any person the equal protection of the law. These simple Constitutional amendments are so crucial in this case. Deciding this case based solely on race is unconstitutional, and this decision will strip African Americans of their liberty, their individual and personal freedoms. 

On the other hand, Ferguson argued that the case isn't simply about denying Plessy his rights, but upholding the public order; upholding laws that uphold peace and justice in society. 

The Black Wall Street in Texas has opened up economical opportunities for African Americans. Integrating businesses would cause tensions between workers of different races, deferring customers. In Galveston, facts show how blacks and whites thrive separately, so why change that when they are successfully flourishing how their style of life is now. 

Federalism is an important key concept here. The idea that states should decide their own decisions and laws. Each state has their own cultural and social needs. A state in the north is different from a state in the south proved by the war. So, this separation is something that should be left to the states. 

One of the most captivating performances of the night was about religion. In the Bible, specifically the Curse of Ham in Genesis, Noah curses his son, Ham, and his descendants. African Americans are descendents of Ham. God created different races, with their own place and purposes, mixing these races violates the boundary set by God himself. 

So, hearing both sides, the final decision as decided by the judge was that he ought to reject the state of Louisiana argument, that it is merely and neutrally "separate but equal," the reality on the ground shows that the state is not treating the two races equally under the law, so the court sides with Mr. Plessy. 

It was quite interesting and valuable to see the arguments of both sides during this mock trial. While initially I was 100% in and supporting the Plessy side, the Ferguson side did have some strong evidence, yet it truly just wasn't enough considering the situation. Hearing the different approach to economics, history, religion, it was good to see the research that had been done to get to this point and how important these mock trials are despite the winner in the end. 

Reconstruction Video

Reconstruction was a time that America could finally become the land of freedom, it left a legacy of hope, yet a legacy of violence. A television show on PBS, "The American Experience" touches on the the history of the Reconstruction Era, a long misunderstood chapter of American history. The episode, "Reconstruction: America After the Civil War," highlights not only how this era showed progress for African Americans, but also the amount of resentment and stubbornness that ultimately refused these people to be free citizens. 

The Emancipation Proclamation declared by President Lincoln announced that all enslaved people in the states shall be forever free. But, if you think about the future, this isn't entirely what happened. Instead, the Emancipation Proclamation was just the beginning of the story to this Reconstruction Era. 

On April 9th, 1865, Confederate General Robert E. Lee surrendered to Union General, Ulysses S. Grant, finally signalizing the end of the civil war, and what was thought to be the end of the slavery in the United States of America. On the surface, Reconstruction meant restoring the rebel states to the Union. What was noted in the episode was what the post war had to confront, and that is as follows, "Who is a citizen?" and "What rights do they have?"

Only a few days following the conclusion of the war, John Wilkes Booth shot and assassinated President Abraham Lincoln. Hours after his death, the southern democrat Vice President, Andrew Johnson was sworn into office. Even though Johnson grew up as a poor southerner, his new realm of power didn't stop him from being shy. 

The Freedmen's Bureau was one agency that was created to make sure local courts treated blacks fairly. One of its major factors was the open land it could give to the freedmen. Ultimately though, Johnson shut this down, as the Republican party became more and more worried that Johnson was greatly undermining the results of the war. 

2 things mentioned in the episode that the Confederacy was all about was slavery. The main message here was that slavery was the cornerstone of their civilization. First off, they said that slavery, should in fact, be perpetual. And secondly, if the nation were to expand, slavery should go with it. 

In November of 1865, the Black Codes, a set of oppressive laws only applying to African Americans was passed into law. The laws recognized that slavery had been abolished, yet there shall still be very little change from slavery to freedom. 

The following year, Congress overrode the veto of the President, passing into law the Civil Rights Act of 1866; this was their answer to the Black Codes. 

Finally, the episode ended with talk of the 14th Amendment. The Amendment that stated, "all persons born or naturalized in the United States are citizens, and guarantees them 'equal protection of the laws' under both state and federal jurisdictions."

Overall, I really enjoyed watching this episode of Reconstruction. I was able to learn a lot of new information, both displaying the positive and negatives of this time period. The visuals and diction of not only the show but the people interviewed during the show was very powerful and definitely left an impact on me.