Monday, January 11, 2016

Dred Scott v. Sandford / Loving v. Virginia

1. Dred Scott and Black American Identity
Dred Scott v. Sandford was a mid 19th century case that resulted in the ruling that black people were not, and could never be, American citizens. I’d like to first explore the general response of African-Americans to this ruling. Was it at all surprising for any sectors of the population, or was it merely the codification of the reality that most black people already dealt with? To what extent was the ruling met with outrage rather than resignation? Did it affect how black people classified themselves racially or ethnically?

More specifically, I’m interested in the ways in which the ruling may have changed African-American opinions about documents like the Constitution or the Declaration of Independence. Those documents have been adopted by actors in various freedom struggles, particularly during the civil rights movement of the 1950s and 1960s. I’m curious whether the increased institutionalization of racism affected either African-American willingness to invoke the alleged American values of equality and liberty or their effectiveness in doing so.


Sources:


Wish List:
  • Reactions (public or private) by free blacks
  • Reactions (public or private) by enslaved blacks
  • Propaganda material from those opposing the Dred Scott ruling


2. Loving v. Virginia and Mixed Race Identity
Loving v. Virginia was a 1967 Supreme Court case that made anti-miscegenation laws unconstitutional. I’m interested in how that diminishment of legal barriers affected the mixed race children of post-Loving v. Virginia couples. How did their sense of belonging in society compare to that of mixed people from before the case? Did they identify differently in terms of race and ethnicity? Were they more willing to identify as mixed rather than feeling like they had to choose a single race? How much of an effect did the case really have, considering the fact that people who lived in racist areas probably still faced a multitude of barriers toward interracial marriage?

It will be difficult to isolate the direct effects of the case among all of the other competing factors (change over time, the increase in the number of mixed children born, etc), but that should add to the intrigue of the topic.



Sources



Wish List:

  • Personal narratives from mixed race individuals before and after Loving v. Virginia
  • Surveys about attitudes toward mixed race individuals

8 comments:

  1. I like your topics. They seem interesting. Your sources are also well placed.

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  2. Hi Jasmine, great topics! Both seem very relevant to investigate in a history course on American Identity. I think the most difficult thing you are probably going to run into with the first topic idea is finding enslaved African American voices in reaction to Dred Scott. However I don't think this should stop you if you would like to go with this topic. If you go with this topic I think it would also be great if you grounded your research in a specific period in American history after Dred Scott. You talked a little bit about how you are interested in how Civil Rights era actors understood U.S. documents like the Constitution, but obviously quite a bit of time has passed since Dred Scott at this point. What period are you taking about post-Dred Scott? I really like the second topic as well but I think if you decide to go with it, it may be helpful to think more strategically about how you want to conduct research for this paper and what perspective you may want to take (historical, psychological, etc). Oral histories would probably give quite a bit of incite, but they also may be difficult to conduct in the course of a quarter.

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  3. Hi Jasmine,
    These both sound fascinating! As someone interested in the Supreme Court's role in shaping American history and culture, I think any influential decision like Dred Scott or Loving is a great lens through which to study changes in American thought and action. As food for thought, you seem focused on the reactions of African-Americans to both cases, but do you think there is room to examine the involvement of African-Americans in either case? For example, to what extent did Dred Scott himself and his family, as well as other African-Americans who had escaped slavery, assert their own identity in filing suit or other legal action? Of course this would be a broad topic that would need to be narrowed down, but I always find going broad and then focusing is helpful for me. I hope this helps, and good luck!

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  4. Jasmine, I think thinking about these cases is a really interesting framework -- considering how a national event affects individual people is often left undone when I've learned about court history in the past. To that end, I think these are really great ideas. I think Sophie is right that sourcing the first could be difficult, but then again I've never tried! So perhaps there are personal writings etc that might elucidate the reactions of people being enslaved. Another way to complicate these decisions might be to examine how they fit into the political climate preceding them - were they surprising/unsurprising given the history of the court, etc. But on the whole -- I think considering the ramifications of high level cases is an awesome approach!

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  5. Hey Jasmine! These both look fascinating! A few comments:
    The first topic, while it would be really interesting, I think you might be limited with your sources. I think if you want to look at general reaction to the Dred Scott verdict there probably won't be a lot of primary written material by slaves...and if there is it might take a lot of work to comb through for a mention of Dred Scott. Another interesting question is how aware the slave population was of Dred Scott at all and how the information about the case was being relayed to them?

    The second topic is also super fascinating! You'd probably have a lot more sources too. I'm totally blanking right now, but I think a study in my history of policing class last quarter did a paper on this and said there was a really interesting legacy of the case in the town today...so that could be an interesting lead as well.

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  6. Jasmine,

    I'm really drawn to both of these topics; I love the intersection of history and law and believe it'll be a really engaging way for you to reconstruct some of these societal beliefs and the effects they had on these people's identities. On the Loving v. Virginia topic, I'm reminded of a book I read for a class last quarter called "What Comes Naturally: Miscegenation Law and the Making of Race in America" by Peggy Pascoe. It's a really interesting and racially-inclusive of miscegenation law in America and argues in great depth how these laws were in place largely to protect a hierarchy of the American citizenry. I think it could be pretty useful if you choose the second topic!

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  7. Hi Jasmine,

    This sounds awesome. Regarding your first topic on the Dred Scott case- this strikes me as highly relevant to what's happening right now around Black Lives Matter. For example, the idea of black nationhood and belonging in the U.S. arises when we look at the continuation of racially discriminatory policing, police violence and state violence in the form of mass incarceration. What does it mean to be a citizen of a country that consistently negates your humanity? In terms of people's response to black nationality in this country, there's a piece I read from early this year that gets at the question of what it would look like for black people to leave this country/citizenship: http://www.nytimes.com/2015/03/01/opinion/sunday/the-next-great-migration.html?_r=0
    These are some ideas that come up for me.

    Peace,

    Natasha

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  8. Jasmine -- I think this are both very interesting topics. Like Patrick, I am interested in the role of the Supreme Court, and the lens through which you which you examine the decisions and their effects. I am pretty torn between the two! Maybe doing a preliminary look at the available source for each would help make the decision for you? I am super impressed by the unique questions you developed in regards to each topic and look forward to reading more!

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