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"Lynching Law and legislation United States."
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Civil rights and the making of the modern American state
\"Did the civil rights movement impact the development of the American state? Despite extensive accounts of civil rights mobilization and narratives of state building, there has been surprisingly little research that explicitly examines the importance and consequence that civil rights activism has had for the process of state building in American political and constitutional development. Through a sweeping archival analysis of the NAACP's battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, and secured the support of Congress. In the NAACP's most far-reaching victory, the Supreme Court ruled that the constitutional rights of black defendants were violated by a white mob in the landmark criminal procedure decision Moore v. Dempsey. This book demonstrates the importance of citizen agency in the making of new constitutional law in a period unexplored by previous scholarship\"-- Provided by publisher.
Book
Crimes of omission: State-action doctrine and anti-lynching legislation in the Jim Crow era
After more than a century of failure, Congress now stands closer than ever to making lynching a federal crime. As the pending legislation acknowledges, at least 4,742 people were lynched in the United States between 1882 and 1968, but Congress continually declined to pass any of the nearly 200 bills introduced during those decades.
Although Black Americans had faced lethal racial terror before, during, and immediately following emancipation, the rate of lynching rose significantly in the 1890s as Redemption and Jim Crow segregation took hold. States had the authority to prosecute violent crimes, but many had made clear that they had no will to prevent or punish lynch mobs. Activists worked to expose the savagery of lynching as an apparatus of racial violence and to revive the public and legislative concern for Black lives that seemingly died during the retreat from Reconstruction. Proponents of anti-lynching legislation faced the challenge of convincing Congress that it had the authority under the Fourteenth Amendment's Enforcement Clause to prosecute individuals, not only state actors, in particularly egregious circumstances.
This Note centers on one particularly promising proposal: the Dyer Anti-Lynching Bill. Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans- Black and white, Northern and Southern, Democrat and Republican-had something to say about the Dyer Bill.
Scholars, however, have since said relatively little. Few treatments of the anti-lynching movement capture the enduring constitutional significance of this legislative campaign. Likewise, legal commentary on the Enforcement Clause of the Fourteenth Amendment too often omits this period, skipping from the Reconstruction era to the civil rights movement of the 1950s and 1960s.
Journal Article
Contemporary Hate Crimes, Law Enforcement, and the Legacy of Racial Violence
This article investigates the association between past lynchings (1882 to 1930) and contemporary law enforcement responses to hate crimes in the United States. While prior research indicates a positive correlation between past levels of lynching and current social control practices against minority groups, we posit an inverse relationship for facets of social control that are protective of minorities. Specifically, we hypothesize that contemporary hate crime policing and prosecution will be less vigorous where lynching was more prevalent prior to 1930. Analyses show that levels of past lynching are associated with three outcome variables germane to hate crime policing and prosecution, but the effect of lynching is partly contingent on the presence of a minority group threat. That is, past lynching combined with a sizeable black population largely suppresses (1) police compliance with federal hate crime law, (2) police reports of hate crimes that target blacks, and in some analyses (3) the likelihood of prosecuting a hate crime case. Our findings have implications for research on law and intergroup conflict, historical continuity in the exercise of state social control, and theories that emphasize minority group threat.
Journal Article
Race and Imprisonments: Vigilante Violence, Minority Threat, and Racial Politics
The effects of lynchings on criminal justice outcomes have seldom been examined. Recent findings also are inconsistent about the effects of race on imprisonments. This study uses a pooled time-series design to assess lynching and racial threat effects on state imprisonments from 1972 to 2000. After controlling for Republican strength, conservatism, and other factors, lynch rates explain the growth in admission rates. The findings also show that increases in black residents produce subsequent expansions in imprisonments that likely are attributable to white reactions to this purported menace. But after the percentage of blacks reaches a substantial threshold-and the potential black vote becomes large enough to begin to reduce these harsh punishments-reductions in prison admissions occur. These results also confirm a political version of racial threat theory by indicating that increased Republican political strength produces additional imprisonments.
Journal Article
Exporting American Dreams
In Exporting American Dreams, Mary Dudziak recounts with poignancy and power the untold story of Thurgood Marshall's journey to Africa. His experience in Keyna was emotional as well as intellectual, and during it he developed ties of friendship with, among others, Tom Mboya and Jomo Kenyatta. Marshall served as advisor to the Kenyans, who needed to demonstrate to both Great Britain and to the world that they would treat minority races (whites and Asians) fairly once Africans took power. He crafted a bill of rights, aiding constitutional negotiations that enabled peaceful regime change, rather than violent resistance. Kenya's first attempt at democracy faltered, but Marshall's African journey remained a cherished memory of a time and a place when all things seemed possible.
eBook
Marginalization and Fear? Concealed Carry and Campus Climate in the Trump Era
Since the 2016 election of President Donald Trump, the country has experienced an increase in rhetorical and physical violence against marginalized groups. While the election served as a focusing event, these undercurrents have been present in the political climate for far longer, as people of color, immigrants, Muslims, women, and members of the LGBTQ+ community well know. These tensions have not bypassed university campuses, which have become a focal point of conflict within the current political environment. The \"Unite the Right\" rally on August 11, 2017, at the University of Virginia campus, served as the prime example of contemporary white nationalism within the United States (Blake 2017). However, there have been other instances of racism, Islamophobia, anti-Semitism, and xenophobia on college campuses throughout the country this past election season. Instances include a black baby doll hung by a noose in an elevator at Canisius College in Buffalo, graffiti featuring the words \"#StopIslam\" written in chalk in common areas at the University of Michigan, and swastikas drawn throughout a predominantly Jewish women's dormitory at the New School in New York City (Buckley 2016; Knake 2016; Levine 2016). Rallies, references to lynching, and hate symbols are consistent reminders of the continued threat faced by marginalized groups when pursuing higher education. Alongside this increase in political tension, firearms are becoming increasingly common in university spaces. In some states, legislation allowing the concealed carry of firearms on public higher education campuses provides an added complexity to the rising tensions.1 Supporters of campus carry policies argue that concealed weapons give students and faculty the power to protect themselves, increasing overall safety. However, others argue that the influx of weapons increases the likelihood of violence in campus spaces, fundamentally challenging the ultimate goals of academia to educate and deconstruct students' assumptions. Further, opponents of campus carry suggest these policies significantly undercut the security of marginalized students and educators (Bouffard et al. 2012; \"Common Arguments against Campus Carry\" 2011-12; Fennell 2009; Webster et al. 2016).
Journal Article
Reconsidering Roosevelt on race
Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education. McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.
eBook
Sexualized Racism/Gendered Violence: Outraging the Body Politic in the Reconstruction South
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on 'sexual' violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, sexuality was a critical site upon which the complex and often convoluted racial, gender, and class conflicts of the era were waged, one that must be excavated and analyzed as part of a remarkably robust and resilient system of repression. This article examines the calculated deployment of sexualized violence by the Reconstruction-era klans and its relationship to competing notions of justice, citizenship, and sexual propriety.
Journal Article
Whatever happened to my father's Republican Party?
[...]if you really want to set the record straight, the Civil Rights Act of 1964 would not have passed had it not been for Republicans. While the Democrats of today have monopolized the title of champion of civil rights (even though I will argue that all their policies do at the end of the day is make life more difficult for minorities), back in the day, it was the GOP that came to the rescue. The Civil Rights Act of 1964 passed out of the U.S. House of Representatives on Feb. 10, 1964.
Journal Article
Hypodescent: A history of the crystallization of the one-drop rule in the United States, 1880–1940
This dissertation examines the crystallization of the one-drop rule in the United States between 1880 and 1940. The “one-drop rule” is a colloquial expression, a phrase which reflects the belief that a person bearing a trace of African ancestry (literally, a single drop of black or Negro “blood”) is black. Historians and social scientists have tended to assume that, as a principle of classification, the one-drop rule can be traced back to the institution of slavery. This study provides a different account. Using a variety of methods, it attempts to explain how the one-drop rule developed, when it became institutionalized, and why. It also adopts a new approach to the study of race, ethnicity, and nationalism, an approach based largely although by no means exclusively on the work of Pierre Bourdieu. The study in its present form has been limited to five chapters. Chapter One explores the origins and development of the one-drop rule, while Chapter Two provides a detailed reading of the case of Plessy v. Ferguson. Chapter Three provides a quantitative account of the country’s history of anti-miscegenation legislation, while Chapter Four examines the role lynching played in the South as a means of social demarcation. The study ends in Chapter Five with a brief synopsis, an inquiry into the relationship between slavery and democracy, and a nonpartisan look at the legacy of the one-drop rule.
Dissertation