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Seems more a matter of the law being disgraceful, the Alabama courts merely affirmed what the legislature had done. Should we really have expected an 1883 Alabama Supreme Court to behave in a racially progressive manner? To defy the legislature and become activist oriented in issues of racial justice?
Seems more a matter of the law being disgraceful, the Alabama courts merely affirmed what the legislature had done. Should we really have expected an 1883 Alabama Supreme Court to behave in a racially progressive manner? To defy the legislature and become activist oriented in issues of racial justice?
Its the US Supreme Court, reviewing the Alabama court's decision, that confirmed the constitutionality under the US constitution (specifically, that Alabama's criminalizing of inter-racial sex did not violate the Equal Protection clause). That's what's a disgrace. The Alabama Supreme Ct. decision was 1882, the US Supreme Court decision was 1883. The US Supreme Ct is not beholden to the Alabama legislature.
Its the US Supreme Court, reviewing the Alabama court's decision, that confirmed the constitutionality under the US constitution (specifically, that Alabama's criminalizing of inter-racial sex did not violate the Equal Protection clause). That's what's a disgrace. The Alabama Supreme Ct. decision was 1882, the US Supreme Court decision was 1883. The US Supreme Ct is not beholden to the Alabama legislature.
Then, is it reasonable to expect the 1883 US Supreme Court to behave in a manner which didn't actually materialize until the 1950's? It was just 13 years later that the US Supremes affirmed southern Jim Crow laws with their "separate but equal" decision in Plessy v Ferguson. That stood until 1954.
Last edited by Grandstander; 11-29-2016 at 01:28 PM..
Then, is it reasonable to expect the 1883 US Supreme Court to behave in a manner which didn't actually materialize until the 1950's? It was just 16 years later that the US Supremes affirmed southern Jim Crow laws with their "separate but equal" decision in Plessy v Ferguson. That stood until 1954.
No it isn't. Nevertheless its a disgraceful decision for the US Supreme Ct.
Seems more a matter of the law being disgraceful, the Alabama courts merely affirmed what the legislature had done. Should we really have expected an 1883 Alabama Supreme Court to behave in a racially progressive manner? To defy the legislature and become activist oriented in issues of racial justice?
Actually, this is a [b]U.S.[b] Supreme Court decision--not an Alabama Supreme Court decision.
It is if one expects them to clearly and logically think about equal protection.
Your expectation is that they should have employed your 21st Century perspective. Had you been alive in 1883, it seems likely that your attitudes would have more closely reflected those of the others around you.
I have made this point many times in many threads....right now we are accepting as perfectly normal and moral, behaviors and attitudes which will get us condemned by future generations who have developed their own perspectives of the past. They in turn will be criticized by generations which follow them.
By these ever evolving standards, no one can be sure just how moral or immoral they may be. Rather than surrendering to the paralysis the continuous changing might bring to the question of moral/immoral, there is a practical alternative. That is to judge people by the standards of their times, not our times. How moral was some person or behavior relative to the rest of society at the time of the events?
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