Extract

Summarizes 200 years of discrimination and anti-discrimination federal policy toward blacks, Indians, Asians, Hispanics. Unveils apparent judicial review pattern: Court can and often does check abuses of racial minorities by state- and territorial-level governments, and abuses of power by administrative officials. Court has hardly ever declared an act of Congress unconstitutional on the grounds that it harmed rights of a racial minority, but has used Just Compensation Clause to demand recompense for Indian tribes. As to a given minority, Court was not always protective, but on the whole judicial review was more helpful than not. President too was important in protecting minority rights, both as enforcer and in persuading/blocking Congress. The evolution of rights of Hispanics, blacks, and Asians, respectively, built upon successes by the other two. The presidents most supportive of blacks’ rights came to power either elected by a minority—Lincoln—or by presidential death: TR, Truman, LBJ. KEY WORDS: Judicial review Minority rights Hughes Court Fuller Court Marshall Court Warren Court