- By 1911 the supreme court heard 607 cases involving the 14th but only 32 involved african american rights
- The court set precedent that the language in the 14th only applies to the states not individual people
- Justice Harlan (who was a southerner) was in dissent with a lot of cases decided by the court and want an expansive view of the 13th
- Grady wrote a response that became popular at the time advocating for separate but equal (echoing Jim Crow laws that passed in Georgia)
- Tourgee tried everything possible to give his side the best possible chance of succeeding. This includes waiting for 4 years in hopes some justices change and continuous journal articles advocating for his side to sway public opinion
- The majority decision references the slaughter house cases to draw a distinction between social and political rights
- The majority decision also left the definition of colored up to the states
- In Harlan dissent he thought that these laws were clearly unconstitutional and misleading
- Harlan also feared that this separation would “arouse race hate” and “Perpetuate a feeling of distrust”
- At that time the culture had already ranked races and had misleading visuals to suggest that african american might be lower on the ranking than apes
- The people during this time that are seen as heros like Lincoln and Franklin had determinest views
- Many of the popular scientist during this time also had their own views supporting or redefining racial ranking
- A common view during this time was that all races were seen as different species of humans
- The theory of polygeny came from America and was the first american theory that won the respect of european scientists
- Agassiz thought of his work was free from bias
Frisby things 