Scottsboro Trials

Author(s):  
Eric S. Yellin

In 1931, nine young African-American men were accused of raping two white women in northern Alabama while traveling on a train from Chattanooga to Memphis, Tennessee. The young men—Olen Montgomery, Clarence Norris, Haywood Patterson, Ozie Powell, Willie Roberson, Charlie Weems, Eugene Williams, Andy Wright, and Roy Wright—were innocent. Saved from a mob lynching, they nonetheless endured a series of unfair trials over seven years; eight received death sentences. (Roy Wright, just turned thirteen, was held in limbo until 1937 because of his youth.) Embraced by the Communist Party of the United States of America (CPUSA) as well as a broad collection of left-wing organizations and artists, the fight for the young men’s lives became an international movement. Their defense was eventually paid for by the CPUSA and the National Association for the Advancement of Colored People (NAACP) and taken on by Samuel Liebowitz, a celebrated criminal attorney whose Judaism invited vicious anti-Semitism from white southerners. Their case led to two landmark Supreme Court case rulings regarding due process and equal protection under the Fourteenth Amendment: Powell v. Alabama (1932) reversed the defendants’ convictions based on inadequate counsel, while Norris v. Alabama (1935) established that officials in Alabama had violated the defendants’ constitutional rights by excluding black Alabamans from juries. Over the course of the trials, the two accusers—Ruby Bates and Victoria Price—were celebrated as the epitome of southern white womanhood and then maligned as lying “white trash” harlots. That Bates later recanted and campaigned for the defendants’ freedom did little to earn her full personhood in the received history. The “Scottsboro Boys” spent years, some more than a decade, in America’s worst prisons and suffered physical and psychological damage that would prove irreparable. Five of the defendants were released when the prosecution chose not to proceed with their cases in 1937, though this nolle prosequi decision was not an acquittal, exoneration, or apology. The last to remain in jail, Andy Wright, was released in 1950. Alabama Governor George Wallace pardoned the last living Scottsboro defendant, Clarence Norris, in 1976. Finally, in April 2013, Alabama changed its law to allow posthumous pardons, and the remaining three defendants were officially pardoned that November. The Scottsboro case is a crucial part of the histories of African Americans, the US South, race and gender in the 20th-century United States, the transnational modern civil rights and labor movements, the Great Depression, and the US justice system.

Author(s):  
Derrick Bell

The supreme court’s 1896 Decision in Plessy v. Ferguson served to bring the law into a dismal harmony with the nation’s view of race in life. The Court decided that segregation in public facilities through “separate but equal” accommodations for black citizens would satisfy the equal protection clause in the Fourteenth Amendment. The years since the sporadically enforced policies of Reconstruction ended in 1876 had been hard for those former slaves and their offspring whose slavery had legally ended with the passage of the Thir­teenth Amendment in 1865. To ensure their rights to due process and the equal protection of the law, the Fourteenth Amendment in 1868 provided that “all persons born or naturalized in the United States, . . . are citizens of the United States and of the State wherein they reside.” Despite legislation intended to provide enforcement of these rights, the laws were poorly enforced and most were subsequently declared unconstitutional. Corrupting law but relying on intimidation and violence, southern governments stripped blacks of political power. Given meaningful if unspoken assurances that the federal government would not protect black civil rights, conservative southerners regained power utilizing racial fear and hatred to break up competing populist groups of poor black and white farmers. In addition to the disenfranchisement of blacks, whites sought to secure their power through intensive anti-Negro propaganda campaigns championing white supremacy. Literary and scientific leaders published tracts and books intended to “prove” the inhumanity of the Negro. In this hostile climate, segregation laws that had made a brief appearance during Reconstruction were revived across the South, accompanied by waves of violence punctuated by an increase in lynchings and race riots. In an effort both to protest the indignity of segregation and challenge its validity, Homer Plessy, acting for a New Orleans civil rights group, attempted to ride in a railroad car reserved for whites. He was arrested and convicted of violating Louisiana’s 1890 segregation law. On appeal, the Supreme Court acknowledged that the Fourteenth Amendment required absolute equality of the two races before the law, adding: “but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.”


2019 ◽  
Vol 11 (2) ◽  
pp. 115
Author(s):  
Delia Sánchez Castillo

The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.


Author(s):  
Lee Sartain

The NAACP, established in 1909, was formed as an integrated organization to confront racism in the United States rather than seeing the issue as simply a southern problem. It is the longest running civil rights organization and continues to operate today. The original name of the organization was The National Negro League, but this was changed to the NAACP on May 30, 1910. Organized to promote racial equality and integration, the NAACP pursued this goal via legal cases, political lobbying, and public campaigns. Early campaigns involved lobbying for national anti-lynching legislation, pursuing through the US Supreme Court desegregation in areas such as housing and higher education, and the pursuit of voting rights. The NAACP is renowned for the US Supreme Court case of Brown v. Board of Education (1954) that desegregated primary and secondary schools and is seen as a catalyst for the civil rights movement (1955–1968). It also advocated public education by promoting African American achievements in education and the arts to counteract racial stereotypes. The organization published a monthly journal, The Crisis, and promoted African American art forms and culture as another means to advance equality. NAACP branches were established all across the United States and became a network of information, campaigning, and finance that underpinned activism. Youth groups and university branches mobilized younger members of the community. Women were also invaluable to the NAACP in local, regional, and national decision-making processes and campaigning. The organization sought to integrate African Americans and other minorities into the American social, political, and economic model as codified by the US Constitution.


2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.


Author(s):  
Yen Le Espiritu

Much of the early scholarship in Asian American studies sought to establish that Asian Americans have been crucial to the making of the US nation and thus deserve full inclusion into its polity. This emphasis on inclusion affirms the status of the United States as the ultimate protector and provider of human welfare, and narrates the Asian American subject by modern civil rights discourse. However, the comparative cases of Filipino immigrants and Vietnamese refugees show how Asian American racial formation has been determined not only by the social, economic, and political forces in the United States but also by US colonialism, imperialism, and wars in Asia.


Author(s):  
Aaron Ettinger

Is there a left-wing foreign policy emerging in the United States? The rise of an energized and assertive left wing of the Democratic Party, and a receptive constituency within the electorate, has opened space for new political possibilities at home. In the foreign policy realm, leftist internationalism is making compelling arguments about new directions. However, there are limitations to the possible realization of a left-wing foreign policy in the US. While candidates like Sanders and Warren are distinctive in a left-wing foreign policy worldview, the practical implications of their foreign policies are consistent with post-Cold War practice. There are two important exceptions: in trade policy and in their positions on the use of military force. Here they mark a sharp break from the liberal internationalist mainstream. This paper outlines five broad principles of left internationalism, assesses the foreign policy positions of leading Democratic candidates for the 2020 nomination, and explores the long-term prospects of left-wing foreign policy in the US after 2020.


2003 ◽  
Vol 5 ◽  
pp. 357-394
Author(s):  
Thomas C Fischer

The fourteenth amendment to the US Constitution, adopted in 1868, provides in relevant part: ‘All persons born or naturalised in the United States … are citizens of the United States and of the State wherein they reside.’ A similar passage in the Treaty of European Union (TEU or Maastricht), Article 8 (now Article 17(1)), declared: ‘Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union.’


2015 ◽  
Vol 14 (2) ◽  
pp. 597-606
Author(s):  
NOAH B. STROTE

These two books bring fresh eyes and much-needed energy to the study of the intellectual migration from Weimar Germany to the United States. Research on the scholars, writers, and artists forced to flee Europe because of their Jewish heritage or left-wing politics was once a cottage industry, but interest in this topic has waned in recent years. During the height of fascination with the émigrés, bookstores brimmed with panoramic works such as H. Stuart Hughes's The Sea Change: The Migration of Social Thought, 1930–1965 (1975), Lewis Coser's Refugee Scholars in America: Their Impact and Their Experiences (1984), and Martin Jay's Permanent Exiles: Essays on the Intellectual Migration from Germany to America (1985). Now, while historians still write monographs about émigré intellectuals, their focus is often narrowed to biographies of individual thinkers. Refreshingly, with Emily Levine's and Udi Greenberg's new publications we are asked to step back and recapture a broader view of their legacy. The displacement of a significant part of Germany's renowned intelligentsia to the US in the mid-twentieth century remains one of the major events in the intellectual history of both countries.


2006 ◽  
Vol 34 (4) ◽  
pp. 826-828
Author(s):  
Erika Wilkinson

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.


2018 ◽  
Vol 7 (2) ◽  
pp. 154-170 ◽  
Author(s):  
Filipa Figueira

The current surge of populism in Europe and the United States calls for further analysis using public choice tools. In this article, populism is modelled as a deviation from the normal state of the median voter theorem. This study adds to the public choice literature by proposing a model of populism which is suited, not only to left-wing populism, but also to other forms of populism prevalent in Europe and the United States today. It is argued that, due to changes in the assumptions underpinning the median voter theorem, the operation of the model can be modified, and as a result surges of populism occur. Those assumptions concern: the political spectrum; the distribution of ideological preferences; sociological, psychological and historical factors; political party competition; and extreme political preferences. It is shown that the current peak of populism in Europe and the United States can be explained through a simultaneous change in all of these aspects, leading to a “perfect storm” of populism. 


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