How did 19th century interpretations of American federalism lead to the denial of fundamental rights to specific groups of Americans?
What will be an ideal response?
Students should discuss the strict post–Civil War interpretation of the Constitution under the tradition of dual federalism. Since power rested with the states and national government separately, the Supreme Court was unwilling to become involved in the question of civil rights, particularly for African Americans. While, by this time, the 13th, 14th, and 15th Amendments protected the rights of African Americans, they were either unenforced or selectively enforced. Perhaps the most important cases during this post–Civil War era were the Slaughterhouse and Plessey v. Ferguson cases. Students should discuss these cases and use them as examples of these narrow 19th-century interpretations. In particular, the Plessey case would have a legacy of “separate but equal” treatment that would last until the 1950s.
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The major difference between the Constitution and Articles of Confederation is that the government was now governed by the states rather than by the people
Indicate whether the statement is true or false.
Which of the following strategies does NOT fall under the no-change strategy?
A. across-the-board cuts B. seniority retention C. hiring freezes D. privatization