 Albert Wiley v. Moses Keokuk |
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The habeas corpus petition of Moses Keokuk shows legal challenges to Indigenous sovereignty in the late nineteenth century.
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| An Act making compensation to Messrs. Lewis and Clarke, and their companions |
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This Congressional act showed government interest in land appropriation. Exploration by white Americans laid foundations for tribal land dispossession.
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| An Act respecting slaves, free negroes and mulattoes |
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This Missouri law is one of the Black Codes designed to ensure white supremacy prior to the Civil War, limiting literacy and assembly for enslaved people as well as preventing interstate travel for free Black people.
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| An Act to Amend "An Act Relative to Crime and Punishment" |
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The Indiana state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century. This law punished individuals for helping pregnant women obtain a miscarriage.
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| An Act to enable persons held in slavery, to sue for their freedom |
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This territorial statute presented an opportunity for enslaved people to sue for their freedom in Louisiana Territory courts. It also specified how petitioners were to be treated by defendants while the freedom suit was being heard.
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| An act to enable the President of the United States to take possession of the territories ceded by France to the United States |
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This federal law allowed the United States to ratify the Louisiana Purchase Treaty, and reflected United States ambitions toward empire, while ignoring critical issues regarding the incorporation of Native nations.
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| An Act to Prevent the Immigration of Free Negroes into this State |
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This Illinois law was prohibited African Americans from moving into the state. Part of the series of laws known as Black Codes, this law and others like it intended to ensure racial inequality prior to the Civil War. Black people who resided in the state for longer than ten days could face arrest, fines, and sale by auction. Any white citizen who reported their presence was given half of the fine paid by the Black person.
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| An Act To provide for the care and support of insane persons in the Indian Territory |
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This act weaponized Western medical diagnoses against tribal citizens in Indian Territory for the purpose of incarceration and confinement. Nearly four hundred Native people, from fifty different nations, were confined to the Canton Asylum during its operation from 1902-1934.
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| Ann v. Henry Hight |
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Ann was a Black woman indentured by a man who took her from Maryland to Illinois and finally into Missouri, contrary to an Illinois law that required the consent of the servant if they were taken beyond the state's borders. Upon her employer's death, the executor of his estate, Henry Hight, claimed her as a slave for life. Ann petitioned for her freedom in a Missouri court and won.
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| Arch v. Barnabas Harris |
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This freedom suit illustrates how enslaved people presented a fundamental issue in the legal system. The central question in Arch's case was a question between personal liberty, enshrined in the Declaration of Independence, versus a right to personal property, also enshrined in the Declaration.
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| Aspisa v. Hardage Lane |
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In this freedom suit, Aspisa sued for her freedom, arguing that her mother's residence in the free Northwest Territory before being taken to St. Louis where Aspisa was born entitled her to her freedom. Aspisa had filed previously against former enslavers including Joseph Rosati, the first Bishop of Saint Louis. A jury decided in favor of Aspisa's freedom in 1839, however, in a subsequent trial, the court determined her status was enslaved.
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| Baker v. Nelson |
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Baker v. Nelson was first same-sex marriage case to be reviewed by the Supreme Court. The Supreme Court dismissed the appeal from the Minnesota Supreme Court, stating that the case did not bring forward "a substantial federal question." This case reflects the lack of thought given to LGBTQ+ rights in 1972.
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| Brown v. Board of Education |
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The Supreme Court found in Brown v. Board of Education that educational segregation violated the Equal Protection Clause of the Fourteenth Amendment. This landmark case overturned the precedent created by the decision in Plessy v. Ferguson, and ended the Jim Crow era.
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| Civil Rights Cases |
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These cases saw the Supreme Court push back on constitutional equal protection and the 1875 Civil Rights Act. The ruling held that the 13th Amendment "merely" abolished slavery and that the 14th Amendment did not apply to the racist acts of private individuals. The decision in these cases led to the increased segregation of Black people in all facets of public and private life.
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| Clark v. Board of School Directors |
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In this case, the Iowa Supreme Court ruled that the segregation of students based on race was unconstitutional. It was the first and only 19th century court to overturn school segregation.
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| Code Noir |
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A set of laws in French colonies that regulated the lives of enslaved and free black people. The code primarily defined slavery, but it also expelled all Jewish people from French colonies and required Black people to be Catholic and not protestant. The Code Noir demonstrates the way enslaved people's lives were regulated under French colonial rule.
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| Coger v. The North Western Union Packet Co. |
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In this case, the Iowa Supreme Court held that a steamboat company's removal of a Black woman from its dining table violated her constitutional right of equality under Iowa's constitution, relying heavily on the Court's earlier decision in Clark v. Board of School Directors. This case came nearly 100 years before the U.S. Supreme Court decision in Heart of Atlanta Motel, Inc. v. United States that upheld Title II of the newly passed Civil Rights Act of 1964, which prohibited discrimination in public accommodations.
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| Constitution And By-Laws of the Sac and Fox Tribe of Missouri |
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As part of the Indian Reorganization Act of 1934, Native American tribes were encouraged to create tribal governments that mirrored the United States government. Many of the tribes' constitutions were essentially the same.
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| Edward Gantt v. Thomas Baldwin |
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This case centers on the whereabouts of a mixed race woman named Fanny who was enslaved by Edward Gantt. Gantt claimed that while aboard a steamboat captained by Thomas Baldwin, Fanny went missing. Gantt brought an action in trover against Baldwin to recover the monetary value of Fanny, $1,500. Witnesses deposed on behalf of Baldwin claimed that no such woman was ever on board, and also described the people of color who worked on the boat as well as those enslaved by passengers.
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| Elihu Schooner v. State of Missouri |
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When Elihu Schooner was arrested as a fugitive from slavery, he petitioned for a writ of habeas corpus. Born free in Ohio, upon hearing the facts of the case, Schooner was released by the court.
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| Elizabeth Bird v. Frances Pattmore |
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The habeas corpus petition of Elizabeth Bird shows legal challenges related to child custody in the nineteenth century. In this case, Bird argued that she was made the legal guardian of Missouri Bird, a ten year old child, by the child's mother, and claimed that Missouri was being confined to the house of Frances Pattmore. Pattmore responded that Missouri's presence in her house was of her own free will. The court awarded custody of Missouri to Pattmore.
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| Elk v. Wilkins |
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In Elk v. Wilkins, the Supreme Court denied Native Americans United States citizenship.
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| Equal Protection, Reconstruction, and the Meaning of the 14th Amendment |
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This teaching module discusses the 14th Amendment and the implications of equal protection under the law, featuring a webinar with Kate Masur, author of the 2021 book, Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction.
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| Ex Parte Crow Dog |
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Ex Parte Crow Dog was a Supreme Court case that asserted the federal government's role in criminal jurisdiction on tribal lands. The Court held that the federal government did not have jurisdiction over crimes committed by Native peoples against one another on tribal land. The Court's decision in this case affirmed tribal sovereignty, leading to the passage of the Indian Major Crimes Act two years later, which brought certain crimes committed on tribal lands under the jurisdiction of the federal government.
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| Gonzales v. Carhart |
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In Gonzales v. Carhart, the Supreme Court ruled that a Congressional ban on partial-birth abortion was not unconstitutionaly vague.
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