The 1875 Civil Rights Act contains a provision banning segregated schools

[WolfBear]

In 1995, Michael McConnell extensively wrote about how the 1875 Civil Rights Act originally contained a provision which banned segregated schools (a provision which received large-scale support among Congressional Republicans in May and June 1874): https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=12624&context=journal_articles

Basically, Republicans' defeat in the 1874 elections caused them to chicken out and to get rid of this provision (called the "schools clause")--thus resulting in the passage of the 1875 Civil Rights Act without this provision (the act itself was passed in the lame-duck session of Congress after the 1874 elections).

Anyway, if Republicans would have kept their nerve and passed the 1875 Civil Rights Act with the "schools clause," what would have happened afterwards?

For instance, would the U.S. Supreme Court have struck down the "schools clause" in 1883 just like it did with the (rest of) the 1875 Civil Rights Act in our TL?

Indeed, any thoughts on this?

[WolfBear]

Post by WolfBear
In 1995, Michael McConnell extensively wrote about how the 1875 Civil Rights Act originally contained a provision which banned segregated schools (a provision which received large-scale support among Congressional Republicans in May and June 1874): https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=12624&context=journal_articles
Basically, Republicans' defeat in the 1874 elections caused them to chicken out and to get rid of this provision (called the "schools clause")--thus resulting in the passage of the 1875 Civil Rights Act without this provision (the act itself was passed in the lame-duck session of Congress after the 1874 elections).
Anyway, if Republicans would have kept their nerve and passed the 1875 Civil Rights Act with the "schools clause," what would have happened afterwards?
For instance, would the U.S. Supreme Court have struck down the "schools clause" in 1883 just like it did with the (rest of) the 1875 Civil Rights Act in our TL?
Indeed, any thoughts on this?

Please respond to my first thread on this topic. Indeed, for some reason this first thread didn't show after it was posted and thus I had to create a second thread about this same topic.

[m***@gmail.com]

Post by WolfBear
In 1995, Michael McConnell extensively wrote about how the 1875 Civil Rights Act originally contained a provision which banned segregated schools (a provision which received large-scale support among Congressional Republicans in May and June 1874): https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=12624&context=journal_articles
Basically, Republicans' defeat in the 1874 elections caused them to chicken out and to get rid of this provision (called the "schools clause")--thus resulting in the passage of the 1875 Civil Rights Act without this provision (the act itself was passed in the lame-duck session of Congress after the 1874 elections).
Anyway, if Republicans would have kept their nerve and passed the 1875 Civil Rights Act with the "schools clause," what would have happened afterwards?
For instance, would the U.S. Supreme Court have struck down the "schools clause" in 1883 just like it did with the (rest of) the 1875 Civil Rights Act in our TL?
Indeed, any thoughts on this?

Well, if *Plessy* is anything to go by, the SCOTUS would have struck it down, even if the Cleveland Administration didn't repeal it, as they would be quite likely to do.

Incidentally, such a law would have ruffled feathers in the North as well as the South. Might it have annoyed enough voters to give Ohio to Tilden in 1876, and thus elect him?


Mike Stone - Peterborough, England.

Always drink upriver from the herd.

[WolfBear]

Post by m***@gmail.com

Post by WolfBear
In 1995, Michael McConnell extensively wrote about how the 1875 Civil Rights Act originally contained a provision which banned segregated schools (a provision which received large-scale support among Congressional Republicans in May and June 1874): https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=12624&context=journal_articles
Basically, Republicans' defeat in the 1874 elections caused them to chicken out and to get rid of this provision (called the "schools clause")--thus resulting in the passage of the 1875 Civil Rights Act without this provision (the act itself was passed in the lame-duck session of Congress after the 1874 elections).
Anyway, if Republicans would have kept their nerve and passed the 1875 Civil Rights Act with the "schools clause," what would have happened afterwards?
For instance, would the U.S. Supreme Court have struck down the "schools clause" in 1883 just like it did with the (rest of) the 1875 Civil Rights Act in our TL?
Indeed, any thoughts on this?

Well, if *Plessy* is anything to go by, the SCOTUS would have struck it down, even if the Cleveland Administration didn't repeal it, as they would be quite likely to do.

Plessy was in 1896 (as in, after Democrat Grover Cleveland had the chance to put several Justices onto the U.S. Supreme Court), though. However, Pace v. Alabama was in 1883 and it resulted in the U.S. Supreme Court unanimously upholding Alabama's anti-miscegenation law. Thus, I completely agree with you that the U.S. Supreme Court would likewise strike down the schools clause in the 1875 Civil Rights Act in this TL due to its belief that this clause goes beyond the scope of this amendment. (Indeed, as unpleasant of a position as this is to 21st century readers, it does appear to be defensible. After all, in the Congressional debates on the 14th Amendment in 1866, no one appears to have suggested that this amendment would forbid school segregation.)

Post by m***@gmail.com
Incidentally, such a law would have ruffled feathers in the North as well as the South. Might it have annoyed enough voters to give Ohio to Tilden in 1876, and thus elect him?

Perhaps. Indeed, it is certainly very possible. That said, though, Ohio was Hayes's home state and thus he and his surrogates won't give up there without a fight.

That said, though, California was also narrow in 1876:

https://uselectionatlas.org/RESULTS/

Might the racism there be enough to pull Tilden through in 1876? Perhaps. After all, anger at the pro-Chinese forged Morey Letter resulted in the Democrats winning California in the 1880 U.S. presidential election.

Post by m***@gmail.com
Mike Stone - Peterborough, England.
Always drink upriver from the herd.