Meanings assigned to African-Americans abound in American law. One prominent example is the so-called Three-Fifths Clause of the U.S. Constitution that appears in Article 1, Section 2, which in 1787 defined a black American as three-fifths of a “free” man, or indeed as categorically less than a human being in the eyes of the law ("The Constitution Of The United States: A Transcription." ). Much more effective than the individual exchange of ideas, definitions such as this reinforced the bigotry of the time, and powerfully justified and perpetuated these beliefs on a national scale. Indeed, after the American Civil War, in the Civil Rights Cases (1883), the Supreme Court continued to give constitutional justification to the prevalent racist ideology of the time, when it denied black Americans the right to be protected from discrimination from “private individuals.” (USSC, 109, 3). The result was that, in all spheres of daily life, African Americans were defined as people excluded from equal protection under the law. With this precedent, the discrimination they faced continued unchecked, even if face-to-face interactions widely subjugated the racist ideas behind it over
Meanings assigned to African-Americans abound in American law. One prominent example is the so-called Three-Fifths Clause of the U.S. Constitution that appears in Article 1, Section 2, which in 1787 defined a black American as three-fifths of a “free” man, or indeed as categorically less than a human being in the eyes of the law ("The Constitution Of The United States: A Transcription." ). Much more effective than the individual exchange of ideas, definitions such as this reinforced the bigotry of the time, and powerfully justified and perpetuated these beliefs on a national scale. Indeed, after the American Civil War, in the Civil Rights Cases (1883), the Supreme Court continued to give constitutional justification to the prevalent racist ideology of the time, when it denied black Americans the right to be protected from discrimination from “private individuals.” (USSC, 109, 3). The result was that, in all spheres of daily life, African Americans were defined as people excluded from equal protection under the law. With this precedent, the discrimination they faced continued unchecked, even if face-to-face interactions widely subjugated the racist ideas behind it over