The Civil Rights Cases of 1883 [TEASER]

5-4

Prologue Projects

News Commentary, News, Government

4.6 • 3.2K Ratings

🗓️ 15 March 2022

⏱️ 5 minutes

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Summary

In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era. And what's really fun (fun?), is that these holdings use some of the very same shitty justifications of racial discrimination that you'll find on Fox News to this very day. Time is a flat circle!

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Transcript

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0:00.0	hashtag cancel white people.
0:30.0	In the Supreme Court held that the only outlaw discrimination by states, not by private actors.
0:36.0	In doing so, the court helped lay the groundwork for the Jim Crow era and set back the cause of civil rights by nearly 100 years.
0:45.0	This is 5-4, a podcast about how much the Supreme Court sucks.
0:50.0	Welcome to 5-4, where we dissect and analyze the Supreme Court cases that have weighed down our Republic like the 100th opening metaphor for this podcast has weighed down my soul.
1:08.0	100 episodes.
1:10.0	I'm Peter. I'm here with Rianne.
1:12.0	Hey, hello.
1:14.0	And Michael, hey, everybody. I'm wearing a party hat. Nice. 100 episodes based on a very rough count we did. And I got to say feels like 200 easy.
1:30.0	It feels like thousands. A lot.
1:32.0	Yeah, based on my gray hair, based on my aging soul, feels like a lot folks differences between me now me two years ago, no more about the law, no, a lot more about the Supreme Court, a lot more sad day to day.
1:48.0	And richer, just a lot richer.
1:52.0	I have a real story though since it's our 100th episode I want to share something real quick when I was shopping this podcast around with Leon, he was like, so how many episodes are we going to do?
2:05.0	Because like aren't we going to run out of cases? And I was like, yeah, but like we don't have to worry about that until like episode 50.
2:12.0	And here we are. Look at us now.
2:15.0	I don't know how we keep doing it.
2:17.0	We get to 100 pretty easy, but we have like the entire year schedule.
2:22.0	Yeah, there's content for 50 more at least.
2:26.0	Yeah, yeah, absolutely.
2:29.0	So today's case is the civil rights cases of 1883.
2:36.0	These were a handful of consolidated cases about the scope of the 13th and 14th amendments. In short, in order to reign in the private and institutional racism of the post war south, Congress passed the Civil Rights Act of 1875.
2:56.0	That law in part aimed to curb private discrimination by businesses and individuals, but the court struck the law down claiming that the 13th amendment that abolished slavery did not apply and that the 14th amendment, which has the equal protection clause, also did not apply because it doesn't apply to private actors, but only to states themselves.
	...

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