American Democracy and the Promise of Justice

Endnotes

1. According to the California Department of Education, East Side Union High School District has a total of 29 schools under its jurisdiction: 11 comprehensive high schools, 10 charter high schools, 5 continuation high schools, and 3 adult education programs. https://www.cde.ca.gov/SchoolDirectory/results?districts=1027&status=1&search=1. Accessed July 22, 2019.
2. The information is taken from a hand-out received from Ian Shapiro as part of seminar reading.
3. James Madison. Federalist No. 10 (1787).
4. Michael J. Graetz and Ian Shapiro. The Wolf at the Door: Fighting Economic Insecurity (Cambridge: Harvard University Press, forthcoming 2020).
5. Ibid., chap. 2.
6. Ibid.
7. Glenn Beck claimed white Christian evangelicals were the heirs apparent, the keepers and protectors of the legacy of Martin Luther King, Jr. Christopher B. Strain. “How Immigrants’ Rights, LGBTQ, and Conservative Activists Appropriate Memories of the Black Freedom Struggle.” Journal of Civil and Human Rights, vol. 1, no. 2 (Fall/Winter 2015), 234.
8. Dawson Barrett. Defiant: Protest Movements in Post-Liberal America (New York: New York University Press, 2018), 19.
9. U.S. Const. amend. I.
10. Christopher Cameron. “To Plead Our Own Cause: African Americans in Massachusetts and the Making of the Antislavery Movement.” American Abolitionism and Antislavery.5 (2014), 1-2.
11. “Frederick Douglass, 1818-1895.” Documenting the American South. https://docsouth.unc.edu/neh/douglass/bio.html. The three narratives are The Narrative of the Life of Frederick Douglass, An American Slave (1845), My Bondage and My Freedom (1855), and The Life and Times of Frederick Douglass (1881).
12. Frederick Douglass, “The Meaning of July Fourth for the Negro.” Accessed June 17, 2019. http://www.shoppbs.pbs.org/wgbh/aia/part4/4h2927t.html
13. Ibid.
14. William Lloyd Garrison. No Compromise with Slavery, 1854. The Library of Congress. https://www.loc.gov/item/91899126/. Accessed July 23, 2019.
15. Ibid.
16. Ibid.
17. The Declaration of Independence, 1776.
18. Supra, note 14.
19. U.S. Const. amend. XIII, sec. 1.
20. Michael J. Klarman. Unfinished Business: Racial Equality in American History, Oxford University Press. Oxford, 2007.
21. Ibid.
22. U.S. Const. amendment XIV, sec. 1
23. Ibid. Sec. 2 of the amendment set forth the formula for apportioning states’ representation in Congress. The formula reduced the number of representatives in proportion to the number of voting-eligible males who were denied the vote for reasons other than “participation in a rebellion or other crime…” Sec. 3 explicitly excluded persons from holding office as a “Senator or Representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States, or under any State” who had previously taken an oath to “support the Constitution of the United States” and subsequently “engaged in insurrection or rebellion” against the United States,” effectively barring members of the former Confederacy from participating in the reconciliation governments. These two sections applied together help explain how the 15^th Amendment was able to garner enough votes for ratification.
24. Klarman, supra note 20 at 57.
25. Ibid., 58.
26. Ibid., 59.
27. Ibid., 58.
28. Ibid.
29. Ibid., 60.
30. Ibid., 67.
31. Ibid. 77.
32. Ibid.
33. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).
34. Klarman, supra, note 20 at 152.
35. Ibid. at 167.
36. Ibid. at 169.
37. The Civil Rights Act of 1964, Title I
38. Ibid., Title II. The act stated in sec. 201(c) that any business that served interstate travelers, or who goods, whether bought or sold, had moved between states or the District of Columbia or commerce.
39. Ibid., Title III.
40. Ibid., Title VII. Sec.702 exempted religious organizations under certain circumstances.
41. The Voting Rights Act of 1965.
42. Ibid.
43. Ibid., Sec. 3
44. Ibid., Section 4(c)
45. Ibid., Sec. 10(a)(i)-(iii).
46. Ibid., Sec. 4(a)-(b). In Sec. 4(a), the court had to make a determination whether proposed changes to the state’s election law amounted to an unlawful “device or test,” the court had to find that said device or test had not been in use five years prior to the “filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color.” States that were required to get permission from the court and the Attorney General were those states that had, as of November 1, 1964, such a test or device and had either less than 50% “of persons of voting age persons registered to vote or less than 50% of eligible voters vote in the November 1964 presidential election.
47. Ibid., Sec. 5
48. Shelby County v. Holder, 570 U.S. 529 (2013). The Court let stand Sec. 5, which gave the federal government jurisdiction over the states covered by Sec. 4(b). However, enforcement of Sec. 5 is rendered moot because no new formula has been created to replace the old one.
49. Statement by Alabama Clergymen. The Martin Luther King, Jr. Research and Education Institute. Stanford University. https://swap.stanford.edu/20141218230016/http://mlk-kpp01.stanford.edu/kingweb/popular_requests/frequentdocs/clergy.pdf. Accessed July 29, 2019.
50. Ibid.
51. Letter from Birmingham Jail. Martin Luther King, Jr. April 16, 1963. http://okra.stanford.edu/transcription/document_images/undecided/630416-019.pdf. Accessed July 29, 2019.
52. On Wednesday, July 31, 2019, in Democratic Presidential Debate, Marianne Williamson stated that what happened in Flint would never have happened in in affluent Gross Pointe, Michigan, where she lived.
53. Sec. 1. The Equal Rights Amendment. https://www.equalrightsamendment.org/the-equal-rights-amendment. Accessed July 31, 2019. Sec. 2 grants Congress and the States the power to enforce the amendment, and Sec. 3 provides that the amendment take affect two years after is it ratified.
54. Occupy Wall Street: We Are the 99 Percent. http://occupywallst.org/about/. Accessed August 1, 2019.