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TEACHING WITH PRIMARY SOURCES—MTSU

PRIMARY SOURCE SET:

The Legacy of the Fourteenth Amendment

HISTORICAL BACKGROUND

The Fourteenth Amendment, ratified in 1868, gave American citizenship to “all persons born or naturalized in the United States.” The amendment granted all citizens unspecified “privileges and immunities,” the right to “life, liberty, or property,” and “equal protection of the laws.”

While it provided the first constitutional defini-tion of citizenship, it denied citizenship to American Indians. Moreover, the amendment did not guarantee citizens’ suffrage. Many in Congress believed that suffrage was a privilege and not a right and refused to give voting rights to women and those under the age of twenty-one. Although the amendment implicitly grant-ed African American males suffrage, the protec-tive provisions were so weak that Congress felt duty-bound to pass the Fifteenth Amendment that explicitly gave African Americans males the right to vote. The Fourteenth Amendment also proposed more federal oversight over cases of civil rights violations. This proposal, like much of the document, had limited effect. The Su-preme Court, in the Slaughterhouse Cases and United States v. Cruikshank, stated that national rights did not apply in cases that dealt with state and local laws. For decades, politically margin-alized Americans lived with the knowledge that the Fourteenth Amendment failed them.

For all its flaws, however, the amendment held out hope for future generations. In the twenti-eth century, Americans used the equal protec-tion clause to demand equal educational oppor-tunities, an equal right to police protection, equal property rights, and an equal right to free speech. This primary source set charts the use of the Fourteenth Amendment and argues that the amendment’s legacy lies in the constant ev-ocation of a citizen’s right to equal protection.

SUGGESTIONS FOR TEACHERS

Before discussing the legacy of the Fourteenth Amendment, you may wish to refresh your students on the exact content of this amendment. Take a look at page six of the following les-son plan. Have your students read, complete, and discuss the Fourteenth Amendment worksheet.

This primary source set details instances where local, state, or federal officials denied civil rights to select groups of Americans in the 1860s, 1920s, 1940s, and 1960s. Given the large time frame covered in this source set, feel free to pull out photo-graphs, illustrations, documents, and links as needed. Each time you use these sources, ask your students to identify how the Fourteenth Amendment is being violated. Ask them as well: why do certain groups get denied their civil rights and what are the perceived advantages and disadvantages of denying civil rights to another person or group?

The primary source set shows that the Fourteenth Amendment inhabits an important place in American jurisprudence. Di-verse ethnic, racial, religious, and social groups constantly refer to it in political debates. Ask your students to continue the theme of this primary source set and find examples of current events that involve a person or group’s Fourteenth Amendment rights. If you need an example, look at the bottom of page three on this lesson plan.

"Move on!" Has the Native American no rights that the naturalized American is bound to respect? / / Th. Nast. [1871, detail]

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THE FOURTEENTH AMENDMENT AND WOMEN’S RIGHTS IN THE 1860S

The Georgetown elections - the Negro at the ballot-box / Th. Nast. New and becoming styles of head-dressing. [1867, detail] The combination of African Ameri-can voters with ridiculous wom-en’s hairstyles is typical Thomas Nast satire.

The age of brass. Or the triumphs of woman's rights [1869, detail]

The first convention dedicated to women’s rights oc-curred in Seneca Falls, New York in 1848. Conference attendees drew inspiration from the Declaration of In-dependence and wrote, in the famous “Declaration of Sentiments and Resolutions,” that “all men and women are created equal.” After this meeting, suffragettes began meeting regularly for their cause. Many wom-en’s right advocates saw similarities between the wom-en’s rights and abolition movements. Before the war, suffragettes supported abolition. When the Civil War started, however, abolition and “war work” took prior-ity. After the Civil War, the Fourteenth Amendment equated citizenship and enfranchisement with being a male, and the Fifteenth Amendment enfranchised black men. Women would be forced to wait.

ADDITIONAL SOURCES

The Ouachita Telegraph (Monroe, LA) October 2, 1869 (Look at the middle of the sixth column)

The Fayetteville Observer (Fayetteville, TN) January 10, 1867 (Look at the middle of the fifth column.)

The Daily Ohio Statesman (Columbus, OH) January 30, 1869 (Look at the bottom of the second column.)

The Evening Telegraph (Philadelphia, PA) November 27, 1869 (Look at the top of the first column.)

Primary Source Set: Women’s Suffrage Movement Across America

Lesson Plan: Civil Disobedience and the National Woman’s Party

Lesson Plan: A More Perfect Union: Women’s Suffrage and the Constitution

[Lucy Stone with daughter Alice Stone Blackwell, half-length studio portrait, sitting, facing front] [1858, detail]

White Cloud Kansas chief., October 10, 1867, Image 2 [1867, detail] Look at sec-ond and third columns.

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THE FOURTEENTH AMENDMENT AND AMERICAN INDIANS

The Statutes at Large of the United States [...] [1923-1925] (Page 284 in the PDF, page 253 in the actual document)

Osage Indians. [1925, detail]

The reconstruction policy of Con-gress, as illustrated in California [1867]

"Move on!" Has the Native American no rights that the natu-ralized American is bound to respect? / / Th. Nast. [1871, detail]

The federal government granted American Indians sovereignty over tribal land. While autonomy seemed like a blessing, it offered many disadvantages. From the 1880s to the 1930s, Indian affairs fell un-der the Dawes Severalty Act. The Dawes Act attempted to force American Indians to become farmers and acclimate to main-stream (white) American culture. In 1928, the United States Secretary of the Interior organized the Meriam Commis-sion to assess the success of the Dawes Act. The commission concluded that “past policies adopted...in dealing with the Indians have been of a type which, if long continued, would tend to pauperize any race.” By 1932, more than two-thirds of the lands American Indians owned before the passage of the Dawes Act had been sold off as “unclaimed land” by govern-ment officials. Yet, because American Indians held sovereignty over their lands, they could not be considered Americans citizens with access to the Fourteenth Amendment right to equal protection of the laws. American Indians did not re-ceive citizenship until 1924. Many did not get the right to vote until the 1950s.

ADDITIONAL RESOURCES

America’s Story: Congress Granted Citizenship to All Native Americans Born in the U.S.: June 2, 1924.

Today in History: Indian Citizenship Act (Look for the link for the Meriam Commission)

U.S Supreme Court, Elk v. Wilkins, 112 U.S. 94 (1884) (Courtesy of Justia) Ruled American Indians do not quali-fy for citizenship.

S.2399 - Native Voting Rights Act of 2014

Voices of Civil Rights, Online Exhibi-tion (Boxes 18 and 19)

Native Americans: Nineteenth Centu-ry Perceptions

Native Americans: United States Citi-zenship for the Native American

Primary Source Set: American Indians

President Coolidge being made Sioux Chief by Henry Standing Bear. [1927, de-tail]

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THE FOURTEENTH AMENDMENT AND JAPANESE AMERICANS

Roy Takeno reading paper in front of office / photograph by Ansel Adams. [1943, detail]

Born Free and Equal: Photographs of the Loyal Japanese-Americans at the Manzanar Relocation Center, Inyo County, California, by Ansel Adams [1944, detail]

Following the Japanese attack on Pearl Harbor in 1941, many Americans feared that Japanese Ameri-cans might become spies for their ancestral homeland. In order to prevent the possible betrayal of Japanese Americans, government officials moved 110,000 Japa-nese Americans to several internment camps in Cali-fornia. Two-thirds of those relocated were American-born citizens. These citizens had been told to leave their homes and jobs simply because of what they might do. According to journalist Carey McWilliams, “No charges had been filed against these people nor had any hearing been held.” The United States gov-ernment violated Japanese Americans’ Fourteenth Amendment rights to property, due process of law, and equal protection. Many Japanese Americans re-mained in these camps for three years.

ADDITIONAL RESOURCES

Born Free and Equal: Photographs of the Loy-al Japanese-Americans at the Manzanar Relo-cation Center, Inyo County, California, by Ansel Adams (Look at pages 5, 19, 27, and 28.) PDF

Teacher’s Guide Primary Source Set: Japa-nese American Internment

THE FOURTEENTH AMENDMENT AND THE CHICANO MOVEMENT

In the 1960s, Mexican Americans, called Chicanos, campaigned for their acceptance as American citizens. Poor mi-grant Chicano citizens received low wages and labored in poor working conditions. Anglo Americans discriminated against Chicanos in public and Chicano children attended segregated schools. Arizona-born Chicano Cesar Chavez formed the United Farm Workers (UFW) Union to challenge the poor working conditions on California farms. In 1965, Chavez’s UFW organized a strike against California grape producers that lasted five years and inspired a na-tional boycott of California grapes. After years of struggle, state and federal officials gave Chicanos their long-awaited rights.

ADDITIONAL RESOURCES

The Chicano Civil Rights Movement

Agustín Lira and Alma [...] [2011] Lira wrote many of the protest songs of the Chicano Movement.

School Desegregation for All Children: The Legacy of Mén-dez v. Westminster

America’s Library: Cesar Chavez For more, see link.

Mexican American Songs

“Deportee (Plan Crash at Los Gatos)” For the song’s con-text, see link.

Luis Omar Salinas (1937-2008) For more, see An Evening of Chicano Poetry

Sculpture located in César Chávez Plaza in downtown Sacramento, California's capital city, on the site of the old city plaza [2012]

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THE FOURTEENTH AMENDMENT AND AFRICAN AMERICANS

Clinton, TN. School integration conflicts

[1956]

Vivian Malone entering Foster Auditorium to register for clas-ses at the Uni-versity of Ala-bama [1963]

School integration. Barnard School, Washington, D.C. / [TOH]. [1955]

Although the Fourteenth Amendment granted African Amer-icans equal protection under the law, the Supreme Court’s 1896 decision in Plessy v. Ferguson claimed that as long as con-ditions, amenities, and opportunities remained equal, then the races could legally be physically separated from each oth-er. Most white Americans emphasized the separateness more than the equality and African Americans soon saw their Fourteenth Amendment rights taken away from them. When the National Association for the Advancement of Col-ored People (NAACP) formed in the first decade of the twentieth century, one of the organization’s goals was to use the courts to fight for their civil rights as guaranteed under the Fourteenth Amendment. The Supreme Court over-turned Plessy v. Ferguson in 1954 with the Brown v. Board deci-sion. The NAACP and several other organizations capital-ized on the Court’s ruling and began their fight to dismantle segregation. The successful passage of the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968 guaranteed that African Americans would have their Fourteenth Amendment rights protected.

ADDITIONAL RESOURCES

Letter form Associate Justice Stephen Fields to Chief Justice Salmon Chase concerning the Fourteenth Amendment [1870] See box three.

Buchanan v. Warley See box seven.

Brief of the Attorneys for the Plaintiffs in Brown v. Board of Education See box seven.

Chief Justice Earl Warren's Reading Copy of the Brown Opinion, 1954 See box twenty-three.

Bill Mauldin's Support for Integration (Cartoon) See box thirty-five. Also see this link.

Difficulty of Achieving Integration, 1960 (Cartoon) See box thirty-six. Also see this link.

End of the Poll Tax See the first box.

Testing the Civil Rights Act of 1964 See box five.

The Fourteenth Amendment (Cartoon) See box twenty-six.

Civil Rights Activist Purcell Conway Interviewed by Joseph Mosnier in 2011 See box ten. Conway emphasiz-es the protection of the police, who (for the first time) uphold the equal protection clause.

Lesson Plan: Jim Crow and African American Discrimi-nation

Lesson Plan: Songs of the Labor Movement (talks about the civil rights song: “We Shall Overcome”)

Primary Source Set: The Civil Rights Movement in Ten-nessee

Primary Source Set: Jim Crow In America

Newsletter: Civil Rights (January 2012)

Is this a republi-can form of government? Is this protecting life, liberty, or property? Is this the equal pro-tection of the laws? / Th. Nast. [1876, detail]

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CITATIONS

Teachers: Providing these primary source replicas without source clues may enhance the inquiry experience for students. This list of citations is sup-plied for reference purposes to you and your students. We have followed the Chicago Manual of Style format, one of the formats recommended by the Library of Congress, for each entry below, minus the access date. The access date for each of these entries is 9/9/15.

Nast, Thomas. "Move on!" Has the Native American no rights that the naturalized American is bound to respect? / / Th. Nast.” Wood engraving. Harper's Weekly, April 22, 1871. From Library of Congress, Prints and Photographs Division. http://www.loc.gov/item/2001696066/.

The Fourteenth Amendment and Women’s Rights in 1860s

Nast, Thomas. “The Georgetown elections - the Negro at the ballot-box / Th. Nast. New and becoming styles of head-dressing.” Wood engraving. Harper’s Weekly, March 16, 1867. From Library of Congress, Prints and Photographs Division. http://www.loc.gov/item/2010652200/.

“[Lucy Stone with daughter Alice Stone Blackwell, half-length studio portrait, sitting, facing front].” Photograph. 1858. From Li-brary of Congress, Lot 13267. http://www.loc.gov/item/2005677274/.

Currier and Ives, artists. “The age of brass. Or the triumphs of woman's rights.” Lithograph. New York: Currier & Ives, 1869. From Library of Congress, American Women: A Gateway to Library of Congress Resources for the Study of Women's History and Culture in the United States. http://www.loc.gov/item/90708465/.

The Evening Telegraph (Philadelphia, Pennsylvania), “‘Women’s Rights’ and How to Get Them.” November 27, 1869. From Library of Congress, Chronicling America. http://chroniclingamerica.loc.gov/lccn/sn83025925/1869-11-27/ed-1/seq-2/.

The Ouachita Telegraph (Monroe, Louisiana), “Mrs. Elizabeth Cady Stanton….” October 2, 1869. From Library of Congress, Chroni-cling America. http://chroniclingamerica.loc.gov/lccn/sn85034336/1869-10-02/ed-1/seq-1/.

Fayetteville Observer (Fayetteville, Tennessee), “Woman Suffrage.” January 10, 1867. From Library of Congress, Chronicling America. http://chroniclingamerica.loc.gov/lccn/sn85033395/1867-01-10/ed-1/seq-2/.

Daily Ohio Statesman (Columbus, Ohio), “Afternoon Session.” January 30, 1869. From Library of Congress, Chronicling America. http://chroniclingamerica.loc.gov/lccn/sn84028645/1869-01-30/ed-1/seq-2/.

White Cloud Kansas Chief (White Cloud, Kansas), “Clogs to Progress and Reform.” October 10, 1867. From Library of Congress, Chron-icling America. http://chroniclingamerica.loc.gov/lccn/sn82015486/1867-10-10/ed-1/seq-2/.

The Fourteenth Amendment and American Indians

Nast, Thomas. "Move on!" Has the Native American no rights that the naturalized American is bound to respect? / / Th. Nast.” Wood engraving. Harper's Weekly, April 22, 1871. From Library of Congress, Prints and Photographs Division. http://www.loc.gov/item/2001696066/.

“The reconstruction policy of Congress, as illustrated in California.” Lithograph. 1867. From Library of Congress, Cartoon Prints, American. https://www.loc.gov/item/2008661701/.

The Statutes at Large of the United States from December, 1923, to March, 1925, Concurrent Resolutions of the Two-Houses of Congress and Recent Treaties, Conventions, and Executive Proclamations. From Library of Congress, Law Library. http://www.loc.gov/law/help/statutes-at-large/68th-congress/c68.pdf.

“Osage Indians.” Photograph. 1925. From the Library of Congress, American Memory: Prosperity and Thrift: The Coolidge Era and the Consumer Economy, 1921-1929. http://memory.loc.gov/cgi-bin/query/r?ammem/coolbib:@field(NUMBER%2B@band(cph%2B3c11409)).

“President Coolidge being made Sioux Chief by Henry Standing Bear.” Photograph. 1927. From the Library of Congress, American Memory: Prosperity and Thrift: The Coolidge Era and the Consumer Economy, 1921-1929. http://memory.loc.gov/cgi-bin/query/r?ammem/coolbib:@field(NUMBER%2B@band(cph%2B3a16116)).

Congress Granted Citizenship to All Native Americans Born in the U.S. June 2, 1924. Special Presentation. From the Library of Congress, America’s Story from America’s Library. http://www.americaslibrary.gov/jb/jazz/jb_jazz_citizens_1.html (accessed September 28, 2015).

Today in History: June 2: Indian Citizenship Act. Special Presentation. From the Library of Congress, American Memory. http://memory.loc.gov/ammem/today/jun02.html (accessed September 28, 2015).

“Elk v. Wilkins, 112 U.S. 94 (1884).” From Justia, US Supreme Court. https://supreme.justia.com/cases/federal/us/112/94/case.html.

“S.2399 - Native Voting Rights Act of 2014.” From Congress.gov, Legislation, 113th Congress, https://www.congress.gov/bill/113th-congress/senate-bill/2399.

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“Hilario Romero and Alida Montiel.” Special Presentation. From the Library of Congress, Voices of Civil Rights. http://www.loc.gov/exhibits/civilrights/exhibit.html (accessed September 28, 2015).

19th Century Presentations. Special Presentation. From Library of Congress, Teachers: Classroom Materials; Presentations and Activities: Immigration: Native Americans. http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentations/immigration/native_american4.html (accessed September 28, 2015).

“United States Citizenship for the Native American.” Special Presentation. From Library of Congress, Teachers: Classroom Materials; Presentations and Activities: Immigration: Native Americans. http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentations/immigration/native_american8.html (accessed September 28, 2015).

The Fourteenth Amendment and Japanese Americans

Adams, Ansel. Born Free and Equal: Photographs of the Loyal Japanese-Americans at the Manzanar Relocation Center, Inyo County, California. New York: U.S. Camera, 1944. From the Library of Congress, LC Online Catalog. http://lccn.loc.gov/45002975.

Adams, Ansel, photographer. “Roy Takeno reading paper in front of office / photograph by Ansel Adams.” Photograph. 1943. From Library of Congress, Ansel Adams's Photographs of Japanese American Internment at Manzanar. http://www.loc.gov/item/2002696030/.

Teacher’s Guide Primary Source Set: Japanese American Internment. Book/Special Presentation. From Library of Congress, Teachers: Classroom Materials: Primary Source Sets. https://www.loc.gov/teachers/classroommaterials/primarysourcesets/internment/pdf/teacher_guide.pdf (accessed September 28, 2015).

The Fourteenth Amendment and the Chicano Movement

The Chicano Civil Rights Movement. Special Presentation. From Library of Congress, The Library of Congress Celebrates the Songs of Ameri-ca. http://www.loc.gov/item/ihas.200197398/ (accessed September 29, 2015).

Agustín Lira and Alma / Quetzal Cantos de mi Cantón (Songs from My Home), Chicano Music from California. Film. 2011. From Library of Congress, American Folk Life Center. http://www.loc.gov/item/ihas.200196661/ (accessed September 29, 2015).

Macías, Francisco. “School Desegregation for All Children – The Legacy of Méndez v. Westminster.” Blog. February 26, 2015. From Library of Congress, In Custodia Legis: Law Librarians of Congress. http://blogs.loc.gov/law/2015/02/legacy-of-mendez-v-westminster/.

Cesar Chavez. Special Presentation. From Library of Congress, America’s Story from America’s Library. http://www.americaslibrary.gov/aa/chavez/aa_chavez_subj.html (accessed September 29, 2015).

Lederle, Cheryl. “Celebrating Cesar Chavez: Primary Sources on Farm Workers’ Living and Working Conditions.” Blog. March 30, 2015. From Library of Congress, Teaching with the Library of Congress, http://blogs.loc.gov/teachers/2015/03/celebrating-cesar-chavez-primary-sources-on-farm-workers-living-and-working-conditions/.

Mexican American Songs. Special Presentation. From Library of Congress, The Library of Congress Celebrates the Songs of America. http://www.loc.gov/item/ihas.200197459/ (accessed September 29, 2015).

“Deportee (Plane Wreck at Los Gatos) - Arlo Guthrie & Pete Seeger.” YouTube video, 4:08, from a live session recorded in 1975, posted by “Sinckers1310,” January 19, 2010, https://www.youtube.com/watch?v=F8lRf6fATWE.

Luis Omar Salinas (1937-2008). Special Presentation. From Library of Congress, Biographies. http://www.loc.gov/item/n84018508/luis-omar-salinas/ (accessed September 29, 2015).

Cervantes, Lorna Dee, Sandra Cisneros, Alberto Ríos, and Luis Omar Salinas. “An Evening of Chicano poetry.” Sound Recording. Washington D.C.: Library of Congress, 1986. From Library of Congress, Archive of Recorded Poetry and Literature. http://www.loc.gov/item/89741345/.

Highsmith, Carol M., photographer. “Sculpture located in César Chávez Plaza in downtown Sacramento, California's capital city, on the site of the old city plaza.” Photograph. Sacramento, CA: 2012. From Library of Congress, Highsmith (Carol M.) Archive. http://www.loc.gov/item/2013633592/.

The Fourteenth Amendment and African Americans

Brown v. Board at Fifty: “With an Even Hand”: A Century of Racial Segregation, 1849-1950. Special Presentation. From Library of Con-gress, Exhibitions. http://www.loc.gov/exhibits/brown/brown-segregation.html (accessed September 29, 2015).

Brown v. Board at Fifty: “With an Even Hand”: Brown v. Board of Education of Topeka, Kansas. Special Presentation. From Library of Con-gress, Exhibitions. http://www.loc.gov/exhibits/brown/brown-brown.html (accessed September 29, 2015).

Brown v. Board at Fifty: “With an Even Hand”: The Aftermath. Special Presentation. From Library of Congress, Exhibitions. http://www.loc.gov/exhibits/brown/brown-aftermath.html (accessed September 29, 2015).

Mauldin, Bill. “What is done in our classrooms today will be reflected in the successes or failures of civilization tomorrow. Lindly C. Baxter.” Illustration. November 15, 1958. From Library of Congress, Cartoon Drawings. http://www.loc.gov/pictures/item/acd1999001521/PP/.

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Mauldin, Bill. “Inch by Inch.” Illustration. November 15, 1958. From Library of Congress, Cartoon Drawings. http://www.loc.gov/pictures/item/acd1999000571/PP/.

The Civil Rights Act of 1964: A Long Struggle for Freedom: The Civil Rights Act of 1964. Special Presentation. From Library of Congress, Exhibitions. http://www.loc.gov/exhibits/civil-rights-act/civil-rights-act-of-1964.html (accessed September 29, 2015).

The Civil Rights Act of 1964: A Long Struggle for Freedom: Immediate Impact of the Civil Rights Act. Special Presentation. From Library of Congress, Exhibitions. http://www.loc.gov/exhibits/civil-rights-act/immediate-impact.html (accessed September 29, 2015).

The Civil Rights Act of 1964: A Long Struggle for Freedom: Prologue. Special Presentation. From Library of Congress, Exhibitions. http://www.loc.gov/exhibits/civil-rights-act/prologue.html (accessed September 29, 2015).

O'Halloran, Thomas J., photographer. “Clinton, TN. School integration conflicts.” Photograph. December 4, 1956. From Library of Congress, Miscellaneous Items in High Demand. http://www.loc.gov/pictures/item/2003654353/.

Nast, Thomas. “Is this a republican form of government? Is this protecting life, liberty, or property? Is this the equal protection of the laws? / Th. Nast.” Illustration, 1876. From Library of Congress, Prints and Photographs Division. http://www.loc.gov/item/96509623/.

Leffler, Warren K., photographer. “Vivian Malone entering Foster Auditorium to register for classes at the University of Alabama.” Photograph. June 11, 1963. From Library of Congress, Miscellaneous Items in High Demand. http://www.loc.gov/pictures/item/2004666305/.

O'Halloran, Thomas J., photographer. “School integration. Barnard School, Washington, D.C. / [TOH].” Photograph. May 27, 1955. From Library of Congress, Prints and Photographs Division. http://www.loc.gov/item/2003654384/.