Keyishian v. Board of Regents (1967) |
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In the Supreme Court case of Keyishian v. Board of Regents, the Court considered whether a New York law limiting the public employment of "subversive persons" was a violation of the First Amendment. The Court in this case ruled that First Amendment restrictions must be narrow.
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Korematsu v. United States (1944) |
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In this case, the Supreme Court ruled that war-time exclusion against Japanese-Americans was valid.
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Legalizing Whiteness: What Asian American Legal History Tells Us About Citizenship in the Early 20th Century |
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This teaching module explains how the Supreme Court determined Asian American legal standings in the early 20th century through the lens of and priority toward whiteness.
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Letter from Commissioner of Indian Affairs to Superintendent, Round Valley, California (1902) |
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This letter from the Commissioner of Indian Affairs to the Superintendent of the Round Valley Reservation in California reveals the connections between appearance and progress towards civilization in the eyes of federal Indian policymakers during the Progressive Era. This federal document is an example of policies restricting Native American identity for the purpose of furthering assimilation. In it, racialized presumptions about civilization are tied to hair, Native practices of face painting, and clothing. The agent is encouraged to get his wards to wear their hair short, as it will "hasten their progress towards civilization." Hair is especially seen as an agent of regression for former boarding school students, who return to the reservation, let their hair grow long, and subsequently "adopts all the old habits and customs which his education in our industrial schools had tried to eradicate." Dancing and feasts are prohibited because of their effects on morality. The Commissioner suggests withholding employment and supplies from Native Americans who do not comply with these orders.
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Letters of Application for Fee Patent (1915) |
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Three applications sent to the Secretary of the Interior for admission to full American citizenship through the competency process. These applications summarized the main assets and qualities of the Native American individual that qualified them for U.S. citizenship. Some applications were written by the Native American applicant, but the majority were composed by a reservation agent. Together, these three applications reveal the changes brought upon Native American landholdings and personal identity as a result of the Allotment and Assimilation era. They emphasize how legal schemes, such as the competency commissions, upheld racialized legal benchmarks as indicators of a Native person's readiness for citizenship.
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Lone Wolf v. Hitchcock (1903) |
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After Congress attempted to pass legislation that violated the Medicine Lodge Treaty of 1867, Kiowa chief Lone Wolf filed a complaint on behalf of the tribes who had signed the treaty. The Supreme Court sided with Congress and upheld the violation of the treaty.
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Lum Jung Luke and E. M. Allen v. C. E. Yingling and H. W. Applegate (1926) |
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Lum Jung Luke and his business partner, E. M. Allen, applied for an injunction against Arkansas Attorney General H. W. Applegate and prosecutor C. E. Yingling, who had threatened to begin an escheat proceeding (the process of transferring assets to the state) against Lum due to his status as an alien ineligible for citizenship. Chancery Judge A. L. Hutchins ruled in Lum's favor, not only enjoining the attorney general, but also striking down the Alien Land Act of 1925 as "unconstitutional and void."
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Lum Jung Luke's Deed of Transfer (1926) |
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This deed of transfer between Lum Jung Luke (spelled Luke Lum Jung) and the Harrison Lumber Company was filed while the Chancery Court decision on Arkansas' alien land law was still pending.
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Making A Sioux Indian Into An American Citizen (1916) |
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In this newspaper article, Secretary of Interior Franklin Lane gives an account of a naturalization ritual that took place on the Yankton Reservation, South Dakota, in 1916. This article highlights the lived experience of naturalization processes for Native American individuals becoming U.S. citizens, revealing the involvement of other participants at the ceremony. This account highlights the complexities with receiving allotment for Native individuals and some of the effects citizenship had on legal and political rights. With a photograph of the event, this document provides a glimpse into the symbolic nature of the event, where the restructuring of Native identity encouraged in Allotment and Assimilation era policies is performed.
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Mann Act (1910) |
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The Mann Act was a federal law that focused on interstate sex trafficking, specifically of white women. The act was responsible for the targeting of inter-racial couples by law enforcement.
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Mendez v. Westminster (1947) |
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Menedez v. Westminster found educational segregation toward Latino students unconstitutional.
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Meriam Report: General Summary of Findings and Recommendations (1928) |
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The Meriam Report highlighted the failures of allotment while advocating for reform.
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Miranda v. Arizona (1966) |
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In this case, the Supreme Court ruled that criminal suspects must be advised of their constitutional rights before being interrogated. Now known as Miranda Rights, a Miranda Warning is given to suspects in police custody advising them informing them of their Fifth Amendment right against compelled self-incrimination and their Sixth Amendment right to counsel.
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Native American Citizenship and Competency During the Allotment and Assimilationist Era |
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This teaching module explores how citizenship featured in Native American policy during the Allotment and Assimilation Era. It highlights the first formal naturalization process for individuals on a national scale. Focusing on competency commissions from 1915 to 1920, this unit guides students in analyzing how legal assessments of "competency" in the context of citizenship were shaped by race, gender, and settler values. Using primary documents— including applications, inspection reports, and naturalization rituals—this module examines how federal policies enforced whiteness and domestic norms as criteria for inclusion. The module also encourages discussion about the dual role of citizenship as both a tool of assimilation and a potential resource for Native resistance and legal agency.
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Nebraska Abortion Statute (1929) |
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This Nebraska state statute regarding abortion reflects the diverse landscape of abortion law before Roe v. Wade. This law punished individuals for helping pregnant women obtain a miscarriage.
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Nebraska Vagrancy Law (1929) |
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Vagrancy acts passed by the Nebraska state legislature reflected race-neutral legal language that was used to target the poor, people of color, and women.
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Notice to Republican Voters of the 9th Congressional District of Virginia (1902) |
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This broadside publicized information about new voting laws and poll taxes in Virginia.
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Oklahoma's Poor Rich Indians: An Orgy of Graft and Exploitation of the Five Civilized Tribes, Legalized Robbery (1924) |
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The introduction of Zitkala-Ša's groundbreaking report opened the scene on fraud facilitated by guardians, lawmakers, and county clerks at the expense of minors, heirs, and incompetents during early Oklahoma statehood, and focused on probate courts as a site of legal exploitation.
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Omaha Grapples with its Ugly Past (2019) |
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This article looks at the legacy of the lynching of Will Brown, featuring interviews with prominent, Black Omaha community members Preston Love and Ernie Chambers, as well as University of Nebraska-Omaha Urban studies professor, Barbara Hewins-Maroney.
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Ozawa v. United States (1922) |
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The Supreme Court found in Ozawa v. United States that Japanese immigrants were not eligible for naturalization, based on a contested category of whiteness. The case considered the meaning of "free white persons" from the 1906 Naturalization Act and whether factors like assimilability should be considered. While the court determined in Ozawa that the words "white person" were meant to indicate a person of the "caucasian race," the decision in U.S. v. Thind just months later stated that the word "caucasian" was meant to refer to the "common understanding" of race and not a scientific one.
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Pensionado Act (1903) |
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This act, passed in the aftermath of the Philippine–American War, established a scholarship program for Filipino people to receive an education in the U.S.
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People v. Buffum (1953) |
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One of California's pre-Roe v. Wade abortion cases, the decision in Buffum attempted to regulate abortion tourism to Mexico. This case determined that California could not legislate medical practices in Mexico, causing an increase in abortion clinics across the border in Tijuana.
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Perez v. Sharp (1948) |
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In this case, a 4-3 majority of the Supreme Court of California ruled that the state's ban on interracial marriage violated the 14th Amendment. It was the first of any state to strike down an anti-miscegenation law in the U.S, preceding Loving v. Virginia by almost 20 years.
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Platt Amendment (1903) |
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The Platt Amendment was a part of the Army Appropriations Act of 1901 and stipulated conditions of Cuban independence following the Spanish-American war. It laid the foundation of Cuban-U.S. relations for the next several decades.
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Plessy v. Ferguson (1896) |
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In Plessy v. Ferguson, the Supreme Court found that racial discrimination did not violate constitutional equal protection. This case established the principle of "separate but equal" which was overturned in 1965 by the decision in Brown v. Board of Education.
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