Civil Liberties, Civil Rights and American Political Parties: Dual Citizenship, Jim Crow Laws, and Federalism
Overview
This paper examines the evolution of civil liberties and civil rights in American constitutional law through three distinct questions. It analyzes the doctrine of dual citizenship established in Baron v. Baltimore, the enforcement and dismantling of Jim Crow segregation laws, and the role of federalism in protecting or denying fundamental rights, particularly regarding slavery and state versus federal power.
What this coursework covers
- Question 1: Dual citizenship concept from Baron v. Baltimore and the Fourteenth Amendment's nationalization of civil liberties
- Question 2: Jim Crow laws as state legislation enforcing racial segregation and the civil rights movement's role in their dismantling
- Question 3: Federalism and the conflict between state rights and federal abolition of slavery through the Thirteenth Amendment
Preview
Civil Liberties, Civil Rights and American Political Parties
Question 1
In Baron v Baltimore, the court confirmed and clarified the concept of dual citizenship. The concept proposed that every American is a citizen of the federal government, and separately a citizen of one of the states. Through the dual citizenship concept, people enjoyed liberties against the action of the federal government and another set of liberties against the action of state governments. Through the dual citizenship concept, the citizens of a certain state will enjoy the privileges and immunities of that particular state. During the early years, each state developed its own policies that applied within the particular jurisdiction. The rules of citizenship for states could only be established by the individual states. In the Fourteenth Amendment, the Federal constitution stated that all persons born and naturalized in the US , are citizens of the US and the state where they live. Through the dual citizenship, the early citizens could enjoy as many rights as possible provided that they were never less that those provided by the federal government. The states were free to determine the legal remedies for their citizens, including the legal relationships, and benefits they were able to receive. The Fourteenth Amendment provided nationalized and incorporated the civil liberties that were initially offered by state alone. This nationalization ensured that all American citizens are enjoy basis civil rights under the federal constitution. One of the benefits of nationalization is protecting infringement of basic rights by state authorities.