Discrimination in the US: A Historical Persistence Since Founding - Essay Sample

Introduction

Discrimination has been a persistent problem in the US since its foundation (Daniel, 2013). Even though, the founders of the United States tried to vanguard important political concepts like equality; there was different treatment of people depending on their cultural backgrounds. Among the factors that contributed to different treatments include culture, ace, religious backgrounds, and economic stability that determined the social status (Shelton & Emerson, 2012). Slavery eroded in the 1800s although it was settled with constitutional amendment after civil war broke. However, even the revision of the constitution did not end inequality and discrimination. The essay presents personal opinion regarding discrimination, decided court cases in the Supreme Court and recommendation of the changes to make.

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Personal Views

Discrimination is one factor that denies people equal opportunities in society. It does not only make people treat others unfairly but also denies them access to equal opportunities and social amenities. Based on personal research, people have lived long enough in the society could tell how they have been victims or have witnessed issues of discrimination either in the workplace or in school and in any other place where people meet. People are treated differently because of their unique characteristics. Therefore, it is something that needs a collaborative effort and policy changes to ensure the right treatment of all people despite their characteristics.

Although discrimination is associated with negative behaviors, there are favorable circumstances. For example, there are situations where people tend to treat pregnant women with utmost care. It is not because they are women, but because of their conditions. Therefore, it is worth to consider different discrimination conditions and develop policies safeguarding the interests of vulnerable groups. In this regard, there is a disagreement regarding the extent of treating discrimination as an adverse effect or a positive one. Nevertheless, there must be a policy that prohibits any direct and indirect discrimination and harsh penalties for offenders so that people can have a mindset that discrimination is wrong.

The views developed are based on personal research and experience. Discrimination is a topic one can easily research by asking their friends about their experiences amounting to discrimination. I had to research the concept, and the feedback from family and friends was overwhelming. The outcome of the investigation was that discrimination is still rampant in the society, especially racial discrimination. There have been recent cases of mass shooting targeting non-Americans, and this is a high level of unfairly targeting people. Therefore, the personal investigation led to the views.

U.S. Supreme Court Cases Related To Discrimination

The first landmark Supreme Court case in the US regarding the issue of discrimination is Plessy v Ferguson. The state of Louisiana passed a Separate Car Act in 1890 which required set up of different accommodations for blacks and whites on the rails. The blacks and New Orleans residents established a committee of citizens aiming to fight the law and its impact on people (Lee & Walker, 2018). Although Plessy was born a free man, the Lousiana law classified him as a black hence was required to use different railroads from the whites. Plessy purchased a ticket in the first-class whites-only car. After refusing to vacate the whites-only car, he was arrested and put on trial in Orleans Parish.

The Separate Car Act 1890 required that all whites and blacks will use different railroads and cars. It prohibited African-Americans from using the railroads for the whites and their vehicles. It means that it was an offence to purchase tickets in the whites-only accommodation. The court opinion denied Plessy's application that the act violated the 13th Amendment of the constitution. The amendment prohibited slavery while the 14th Amendment of the charter granted all African-Americans equal opportunities. According to the ruling, discrimination of people in public places does not amount to slavery but infringes rights to some extent. Brown argues that "If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other's merits and a voluntary consent of individuals (Lee & Walker, 2018, p. 668)."

According to Justice Harlanand the dissenting opinion, the court ignored the apparent purpose of the Separate Car Act which was supposed to create equal accommodation of all. He believes that separating the accommodation for whites and Africans violates their fundamental rights such as personal liberty. In his opinion, "In respect to civil rights, common to all citizens, the constitution of the United States does not, I think permit any public authority to know the race of those entitled to be protected in the employment of such rights (Lee & Walker, 2018, p. 670)." The case was not decided correctly since it supported violation of human rights including discrimination and personal liberty.

The second Supreme Court landmark case is Brown vs. Board of education of Topeka. In 1951, Oliver Brown filed a lawsuit against the Board of Education of Topeka. His daughter was denied entry into the whites-only schools. In the suit, the claimant argued that the white and black schools were not equal. The denial of entry into whites-only school was a violation of the equal protection clause in the 14th Amendment. It states that the law protects the rights of all individuals including access to quality education. The Supreme Court ruled unanimously that racial segregation in the education system was unconstitutional. While reading the opinion of the court, Justice Warren said that "This discussion and out own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced, At best, they are not conclusive (Lee & Walker, 2018, p. 671)."

The ruling of the court was right since it promoted the rights of all people from different races including access to education as stated in the 14th Amendment. It sanctioned laws that denied African-Americans to share resources and facilities including schools and it marked the establishment of civil rights movement in the US. The 14th Amendment of the US constitution advocated for equality and liberty of people in the society (Lee & Walker, 2018). Establishing different schools for African-Americans and whites is a clear violation of human rights since it discriminates other races. Therefore, the Supreme Court ruling marked the beginning of abolition of racial discrimination.

The third case is Reed v. Reed. The case involved a couple that separated later when the marriage was not working. The court granted Sally custody of the son until he reaches eighteen. After reaching 18, the court awarded custody of the son to Cecil. Later, the son committed suicide and Sally petitioned to be the manager of the son's estate (Lee & Walker, 2018). The court had to follow the probate law of Idaho which is clear regarding the administration of estates whenever the deceased had not written a will. The law stated that the father and mother had equal rights to manage the property, but the father would receive preference over the mother if the parties are contending to have the rights to manage the estates.

The unanimous ruling of the court held that Idaho Code does not take into account the clauses of equality in the 14th Amendment of the US constitution. It granted Sally the right to administer the states of the son and this is in line with the 14th constitution amendment (Lee & Walker, 2018). The court found out that Idaho Code denied Sally equal protection since she is within the jurisdiction. All individuals in the community have equal rights. According to Mr. Chief Justice Burger, "Section 15-314 is restricted in its operations to those situations where competing applications for letters of administration have been filed by both male and female members of the same entitlement class established by section 15-312 (Lee & Walker, 2018, p 678)."

The Supreme Court ruled the suit correctly because the 14th Amendment of the constitution gives all people equal opportunities. The law cannot give preference to male based on the sex. Therefore, reasons must be justified before granting administration (Lee & Walker, 2018). The case helps to understand the concept of discrimination and how different states have been oppressing minority groups. However, the unanimous ruling opened doors for women to challenge unequal protection in the law. Therefore, the cases portray how discrimination has been practiced in the society and how the amendment of the constitution seeks to promote equal opportunities.

Conclusion

The illustration of the court cases indicates that factors of discrimination include gender, race, and age. For example, the Idaho law gives male preference to manage estates of their children if they die, but it does not justify the reasons for preferences. In this regard, the law must change to ensure male and female people have equal opportunities including inheriting property and custody of children. However, the preference of the decision must depend on the justified reason presented. Also, discrimination law must be standard across the states and promote uniformity about equality in discriminatory cases.

References

Daniel, P. (2013). Dispossession: Discrimination against African American farmers in the age of civil rights. Carolina: North Carolina Press.

Lee, E & Walker, T. G. (2018). Constitutional Law for a Changing America: A Short Course (7th edition). Thousand Oaks, CA: Sage/CQ Press.

Shelton, J & Emerson, M. (2012). Blacks and whites in Christian America: How racial discrimination shapes religious convictions. New York: New York University Press.