kevin_mcmahon_power_point_slides

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Published on October 10, 2007

Author: guestfbf1e1

Source: slideshare.net

Reconsidering Roosevelt on Race: How the Presidency Paved the Road to Brown

Total Number of Pro- and Anti- Supreme Court Civil Rights Decisions for Each Five Year, 1896-1955

Conventional Explanations Current of History Advocacy and Support Structure Model Political Systems Model Judicial Independence Approaches Judicial Leadership

Current of History

Advocacy and Support Structure Model

Political Systems Model

Judicial Independence Approaches

Judicial Leadership

Three Components of the Argument The Court-Packing Plan Roosevelt’s Nine Appointments to the Court The Efforts of the Roosevelt Justice Department, particularly the newly-created Civil Rights Section

The Court-Packing Plan

Roosevelt’s Nine Appointments to the Court

The Efforts of the Roosevelt Justice Department, particularly the newly-created Civil Rights Section

Institutional Mission of the Roosevelt Court Deference to the executive (allied in the formation of the modern presidency) Commitment to rights-centered liberalism

Deference to the executive (allied in the formation of the modern presidency)

Commitment to rights-centered liberalism

FDR’s Appointments to the Supreme Court Hugo Black Stanley Reed Felix Frankfurter William O. Douglas Frank Murphy Jimmy Byrnes Harlan F. Stone (elevated to Chief Justice) Robert H. Jackson Wiley B. Rutledge

Hugo Black

Stanley Reed

Felix Frankfurter

William O. Douglas

Frank Murphy

Jimmy Byrnes

Harlan F. Stone (elevated to Chief Justice)

Robert H. Jackson

Wiley B. Rutledge

FDR’s First Five Justices

FDR’s Justices: 6-9

Justice Department Efforts Mainly through the work of the newly-created Civil Rights Section— formed by order of the president in early 1939 An effort to revive “dead-letter” Reconstruction statutes that had been judicially emasculated soon after they were enacted (Criminal Law) Parallel to the NAACP’s campaign focusing on civil cases

Mainly through the work of the newly-created Civil Rights Section— formed by order of the president in early 1939

An effort to revive “dead-letter” Reconstruction statutes that had been judicially emasculated soon after they were enacted (Criminal Law)

Parallel to the NAACP’s campaign focusing on civil cases

Four Pillars of Southern White Supremacy White Primary ( U.S. v. Classic & Smith v. Allwright ) Poll Tax – FDR’s Hand is clearest here Lynching – 60% & possibly all without new anti-lynching legislation Police Brutality ( Screws v. U.S ) In addition, the CRS aided the NAACP with civil cases and amicus curiae briefs Ideology of World War II aides these prosecutions– fight for democracy at home and abroad

White Primary ( U.S. v. Classic & Smith v. Allwright )

Poll Tax – FDR’s Hand is clearest here

Lynching – 60% & possibly all without new anti-lynching legislation

Police Brutality ( Screws v. U.S )

In addition, the CRS aided the NAACP with civil cases and amicus curiae briefs

Ideology of World War II aides these prosecutions– fight for democracy at home and abroad

Police Brutality Cases Prosecuted by the Justice Department from 1939-1945 Racial Cases State Race of Victim(s) Result U.S. v. Sutherland Georgia Black Two mistrials U.S. v. Culp Arkansas Black & White Convicted U.S. v. Erskine South Carolina Black Convicted U.S. v. Evans Alabama Black & White Acquitted U.S. v. Screws Georgia Black Convictedacquitted U.S. v. Dailey Georgia Black Acquitted U.S. v. Seals Mississippi Black Pleaded guilty U.S. v. Propst Mississippi Black Pleaded guilty U.S. v. Wiggins Florida Black Dismissed Political Case U.S. v. Cowan Louisiana White Acquitted (photographer) Religious Case U.S. v. Catlette West Virginia White Convicted (2 nd Trial) (Jehovah’s Witness) Labor Case U.S. v. Buchanan Arkansas White Nolo contendere (union organizer) (no contest)

 

 

Presidential Motivations Underlying Attempts to Transform Judicial Doctrine Consolidation or expansion of electoral coalition Immediate legislative policy preferences Constitutional vision—ideal institutional order

Consolidation or expansion of electoral coalition

Immediate legislative policy preferences

Constitutional vision—ideal institutional order

Percentage of Potential African American Voters in “Swing” States (based on 1940 figures) Delaware 13.3% Illinois 5.1% Indiana 3.7% Kansas 3.7% Kentucky 8.5% Maryland 15.9% Michigan 4.4% Missouri 6.7% New Jersey 5.5% New York 4.3% Ohio 5.0% Pennsylvania 5.0% West Virginia 6.7%

Delaware 13.3%

Illinois 5.1%

Indiana 3.7%

Kansas 3.7%

Kentucky 8.5%

Maryland 15.9%

Michigan 4.4%

Missouri 6.7%

New Jersey 5.5%

New York 4.3%

Ohio 5.0%

Pennsylvania 5.0%

West Virginia 6.7%

Conclusions about the Presidency-Focused Approach and the Origins of Supreme Court Decisions In this specific case, leads to a reconsideration of Roosevelt on race Aids in uncovering the origins of Supreme Court decisions at particular historical moments Illuminates the power of the presidency

In this specific case, leads to a reconsideration of Roosevelt on race

Aids in uncovering the origins of Supreme Court decisions at particular historical moments

Illuminates the power of the presidency

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