Download PDF by Rosalee Clawson: Legacy and Legitimacy: Black Americans and the Supreme Court

By Rosalee Clawson

ISBN-10: 1592139027

ISBN-13: 9781592139026

ISBN-10: 1592139035

ISBN-13: 9781592139033

ISBN-10: 1592139043

ISBN-13: 9781592139040

Thoroughly grounded within the most recent scholarly literature, theoretical assets, and experimental effects, Legacy and Legitimacy considerably advances figuring out of Black american citizens’ attitudes towards the perfect courtroom, the Court’s skill to persuade Blacks’ critiques concerning the legitimacy of public associations and guidelines, and the position of media in shaping Blacks’ judgments.

Drawing on legitimacy theory—which explains the popularity of or tolerance for debatable policies—the authors commence by means of reexamining the importance of “diffuse aid” in constructing legitimacy. they supply an invaluable evaluate of the literature on legitimacy and a concise heritage of the distinct dating among Blacks and the court docket. They examine the affects of staff attitudes and media “framing.” they usually hire facts from large-scale surveys to teach that Blacks with higher degrees of diffuse aid for the courtroom usually tend to undertake positions in step with courtroom rulings.

With its vast scope and inclusion of latest experimental findings, Legacy and Legitimacy will curiosity scholars and students of judicial politics, racial politics, media and politics, black reports and public opinion.

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As a consequence, 10 years after Brown 98% of black students remained in all-black schools (Orfield and Lee 2004). These statistics were not lost on the civil rights movement. Reacting to them, it pressed the federal government to establish plans that would effect the full implications of Brown. In 1966 the Department of Health, Education, and Welfare (HEW) responded by issuing a set of “desegregation guidelines” that included a variety of means to achieve integrated schools, among them closing certain schools, voluntary transfer of students to schools where they would be a racial minority, and busing (see Kelly, Harbison, and Belz 1991, 605).

Even Bakke, while supporting the principle of affirmative action, imposed limits on its use—most obviously the Court’s refusal to recognize that past racial discrimination justified the use of racial quotas. Other developments just below the surface of the Court’s published decisions were cause for alarm within the civil rights community. As the 1970s gave way to the 1980s, those developments grew teeth. To begin with, there was a wholesale and ideologically monotonic change in the Court’s composition.

The two great champions of civil rights and affirmative action, Justices Brennan and Marshall, had retired, replaced by Bush appointees Souter and Thomas, respectively. And although Democratic appointees filled the next two Court vacancies, the loss of Brennan and Marshall was enough to leave the Metro Broadcasting precedent vulnerable. In Adarand v. Pena63 that vulnerability was exploited. Adarand concerned the validity of the use of minority preferences in federal construction programs, and specifically the payment of bonuses to prime contractors if at least 10% of the prime contract was subcontracted to minority-owned businesses.

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