Justice Harlan Dissent

 Justice Harlan had a level of understanding of both the 14th and 13th amendment that revived modern day Scholars. He used them well in his dissent during the Plessy v. Ferguson case. Harlan knew not only the wording of the amendments but the spirit of them. He looked past present circumstances and analyzed the ultimate impact.

Justice Harlan interpreted the 13th amendment in a way that expands its meaning. He saw the 13th amendment as way to abolish slavery and any marking and situations of slavery. He saw the law for its spirit.

More important to the case is his interpretation of the 14th amendment which explains that 14th amendment prevents making distinction by color illegal. Louisiana violates this principle with their separated cars. Louisiana was called out by Harlan because they used the technical wording of the amendment to slide past the true meaning of the law. 

Justice Harlan was originating the concept that the constitution was color blind. After instating that Black American were citizens and therefore had all legal rights. Expanded this idea by stating that they were therefore entitled to equal treatment legally and in the marketplace. 

Justice Harlan’s dissent might be one of the most important documents pertaining to civil rights and it even informed Brown v. Board later down the line. It introduce America to some of its most important concepts and continue to inform our analysis of the the 13th and 14th amendments

https://www.thinkwy.org/post/justice-harlans-imperishable-dissent-in-plessy-v-ferguson#:~:text=Justice%20John%20Marshall%20Harlan%20was,Bd.

Values of Free Speech

In the current American climate the marketplace of ideas and protection of dissents are two essential values. The combination of these two ideas will allow for increased nuance and real representation for what the people want. The average person I know is not happy with the government. They do not trust their representative and do not feel as though they embodied their beliefs. America is split between two options while some ways agree with those allowing all to speak is invaluable to progress in America.

 One example is the War in Ukraine in which Biden has regularly sent money to aid Ukraine. According to the State Department American has sent 15.2 billion dollars of aid as of September 8, 2022. People are being silenced for not supporting this war effort because they are unpatriotic. In reality we send money and aid to groups that we do not know or understand.  People including myself feel a little foolish because we supported it in the beginning but as this war drags on tax dollars are being spent to kill Russian who we are not at war with. People who remind the government of this fact are not being heard from on public forums. 

When the government steps in and starts to tell the American People what they must do they are silencing dissent and ransacking the marketplace of ideas. During Covid these events happened to no end. Fuachi’s way was the right way. Robert Malone invented mRNA vaccines like the one used to treat Covid and he is concerned about their effectiveness. The government still insists that you take this serum to save yourself. It was mentioned in an interview with Steve O’Bannon on his podcast that he is concerned the vaccine could make Covid worse. America got no say in whether they would take it they had to, especially in California and New York. The doubts with this vaccine should be well known but because the government does not believe we are smart enough or capable enough to handle the information they hid it. They hid it so we will not question their judgment. 

We are not only the victim of the lack of marketplace of ideas and protection for dissents but also the perpetrator of it. We are so quick to believe what the government tells us. We wish to fed from a bottle like kids and not take action and responsibility towards expanding the American Platte. When we pick a side and cling to their ideas we do ourselves and future generations a disservice. 

The development of canceled culture is how we censor ourselves. We allow people with ideas different from ours offend us so deeply that we wish to see them removed. We have created this American narrative that is destructive to anything that does not follow the story. I would encourage all American unclench from their ideas to pursue the Market of Idea. While exploring the Market do not shut people down but hear them out. We should hold our government to a higher standard that they would not prevent us from exploring all options on the table.

The Atlantic

State Department

Plessy v. Ferguson

 Plessy v. Ferguson was a landmark case that established separate but equal doctrine. Plessy attempted to ride in a white car on a train but the law was in place that black people and white people had to ride in separate cars in the state of Louisiana. Plessy claimed this law was unjust under the 14th amendment's equal protection clause. My peers had to argue for either Plessy or Ferguson.

One argument defending Plessy I found very interesting was the argument provided on the grounds of Law. It was brought up that Louisiana had interpreted the Constitution by forming the concept of “separate but equal.” Louisiana interpreting the Constitution was a far overstep of what the state is allowed. It is the Supreme Court's job to make judgments about the constitution. In that way what Louisiana did should have been illegal

Another argument for the defense of Plessy I found fascinating was how the economic precedent it set was dangerous. It created two weaker economies rather than a single strong one. Further than that it would require increased resources to build both white and black bathrooms, white and black schools, and white and black restaurants.

Another point that I found interesting from Plessy's defense was that he was only ⅛ black which meant the laws did not address him, so they could not apply to him therefore the law was flawed. He couldn’t be charged under a law that did not acknowledge his existence.

On the opposing side the concept of tradition was interesting that the unwritten rules in place would also tell Plessy to sit in the Black car. He was disrupting the peace intentionally to make some sort of statement. 

The economic argument against Plessy was that black people are benefiting from being separate but equal. The argument was that Black people were building business, buying land, and educating their youth without white interference. The same was true for white people. He claimed everyone was happy. The argument also used Black Wall-Street as an example.

Both sides of the case presented cases that were well informed and interesting. The exercise helped me understand how complex the Plessy v. Ferguson was. The cases was far contextualized in the era.

EOTO #2: 40 acres and a mule

 Forty Acres and Mule is a phrase many have heard but few know the origin or the true meaning. It all began with a meeting between the Secretary of War Stratton, General Sherman, and 20 black ministers. The black ministers were asked how to best help their newly freed brothers. They simply said land because it would set them up for a future and to be self-sustaining.

The Foreman of the 20 ministers was Garrison Frazier. He was former slave form Greensboro North Carolina. Using 1000 dollars worth of gold and silver he was able to buy his and his wife's freedom. Like many of the other ministers he was a Baptist. The other half of the ministers were Methodist. While all of them weighed in on what they wanted Frazier was responsible for relaying that and finalizing the decision. 

The choosing of land was very intelligent for those ministers to do because of how versatile land could be. Land could be planted with any number of crops for self sufficiency or to make money. You could build towns and have shops where people could sell their crafted items. Having land gave black people power because land allowed you to be involved in government. It would increase their status and wealth quickly. 

Forty Acres and Mule originated from order 15 given by General Sherman. The overall objective was to give Black Americans land so that they could farm it and would gain self sufficiency while simultaneously stripping the Confederate Elite of some power. Sherman was not an abolitionist so it took coaxing from the Secretary of War and hearing those black ministers demand land for him to give into the order.  General Sherman was more keen on destroying the Confederate elites and decimating the southern way of life. The order has been broken down into three parts for ease of understanding.

Part 1 400,000 acres south of Charleston were set aside for the ownership and use by freed slaves. It is important to start here because slave after they were freed didn’t have much to do. Most did not have an education, trade, or property. They had no path forward so this is a place for them to go that is not sharecropping for their old masters. The land already had some rice fields and that gave them something to do. Logically further they could set up a school where those who knew how to read or write could teach others. Then they would also want to build a town and establish themselves. It is a great start.

Part 2 the community would be exclusively black people. No white person was allowed in the town excluding soldier who were necessary for protection until the freed slaves could protect themselves. Imagine being under the foot of a white master your whole life and you become free then have to work for a white man again. Most people would think that was insane to continue to work under the people that tried to hurt you and separate your family. If I were in a black man’s shoes and I was made the offer Sherman made I would take it. 

Part 3 every family was guaranteed 40 acres of land with no more than 800 feet of shore line. The guarantee of land and even a system to divide it up with no capital to pay for the land is invaluable. Put yourself in the shoe of a former slave who has nothing to show for life time of hard work but he would have a few skills that would be transferable to planting. You at least have a place to call your own and work at the end of the day

Overall order 15 was amazing in concept but failed in execution. The order was never carried out so it is seen as a great betrayal of the black communities trust. The phrase 40 acres and mule is now used commonly for broken promises especially those from the government.

PBS

NFU

Havard

battlefields.org

Reconstruction

Reconstruction was a tumultuous time in American history. American made both great strides in progress and were hindered in many ways. The American was facing two very powerful force trying to guide her direction. You had democrats who wanted to restore the old south and republicans who saw a new more equal future for America.

The great strides in progress include the 13th, 14th, and 15th amendments which gave equal status to Black American. Black people turned their new found freedom into fresh opportunity. They got an education through new established public schools. The schools not only helped black children but poorer white children too. Those schools did not only teach children but also adults. Slaves were not afford this opportunity but they were able to see their oppressors kids grow and saw him become illiterate. Education was the gateway to growth for the black community.

Black folks also became self-reliant buying land, working in trades, and becoming politicians. They would have extensive farms and would take advantage of union protection to establish themselves. South Carolina one of the most racist states that held a large portion of slaves became a seat of power for the new politicians. South Carolina had a tremendous turn in its power structure. All of the power black people gained terrified the old Confederates and old south aristocracy. 

Fear of black power gave rise to the Ku Klux Klan. The Klan participated in the harassment, assault, black mail, battery, murder, and rape in order to suppress black people. They would terrorized black politicians and land owners especially under the cover of darkness. The issues were so pervasive that the federal government passed the Enforcement Act which allowed for suspension of Habeas Corpus and use of Federal soldiers to stop violent threats especially if involved in violating the 14th amendment. It caused fear through much of Klan but did not suppress them forever because enforcement in 1970 under Grant and Hayes. 

The north quickly grew tired of propping up the south and began to spend less and less money on the Southern States; this allowed the old south to use new devices to return to power. The Klan returns along with white domination of politics. They would intimidate black voters at the polls in order to prevent them from voting.

Another factor that led to the return of the old south was turning poor white people against poor black people. Most people in the south were poor and uneducated. This was beginning to turn around but was still true for many people. The southern elite convinced the poor white people that because black people were more successful they were taking possible success from the poor white people. What the southern democrats did is a predominant factor in why racism is still alive to this day because of the concept of competition between racial groups.

It is clear the Reconstruction era was complex and nuanced. The two opposing forces butted against one another until gridlock occurred and the country moved on.

Townhall Observations

Presentation during the townhall meeting created a broad picture of how there were many different viewpoints. Even inside of anti-slavery camp how the only argument many of them agreed on was abolition. One example is how Frederick Douglas thought that Black men should be freed first. This differed wildly from Harriet Beecher Stowe who fought for women's rights as well as abolition.

The Abolitionist spread all the way to the late colonial period. Abigail Adams is one example and she famously wrote a letter to John Adams, her husband and the 2nd president. She fought for both women's rights and abolition. Her argument says that people should not have to fight for their natural rights.

Despite some major differences in arguments, I was surprised that people’s life stories did not change drastically from person to person. Most if they came from a slave background had to escape themselves, had experience brutality at the hand of their master, and they were sold multiple times. I was also surprised by the lack of birthing records. I did not know what to expect but I had never considered that that kind of information would not be well kept up with. 

The most interesting story out of all the presentations was Harriet Beecher Stowe. I recognized her name but did not know her story. I found it interesting how she was so empathetic to others because of the loss of her own son to Cholera and considered how a slave would feel about losing their family. She then gave this power of empathy to others in the notherns because she wrote Uncle Tom’s Cabin. Thinking about how it change the landscape of what Northern saw slavery as it profound. 

Abolitionist arguments are fascinating and varied in their approach. Despite this variation they worked together for one goal to save millions of back lives from bondage. It is impressive that so many people could work towards the same goal.