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25.
Slavery was sanctioned by the difference between people of colour and
oppressed whites. The poor whites were at least human. The enslaved African
and the Native Americans were considered less than human, "uncivilized
savages" even. The "3/5 of a person" clause in the United States Constitution
best exemplifies that reality. In addition, and closely related was the
European settler expansionism across the continent. In practice, this meant
that President Andrew Jackson would initiate the federal policy contained in
the Indian Removal Act of 1830 that would lead to the infamous "trail of
tears".
26.
It was the Civil War and the passage of the Thirteenth, Fourteenth, and
Fifteenth Amendments to the United States Constitution that officially ended
slavery in the United States of America. Although slavery was abolished by
the Thirteenth Amendment in the latter decades of the nineteenth century, all
southern states and many others passed "Black codes" or "Jim Crow" laws
mandating racial segregation in almost all areas of public life and different
treatment in both private and public affairs. The signature of the
Emancipation Proclamation by President Lincoln also marked the official
beginning of the United States Government’s increase in wars against
indigenous peoples, further reducing their population from an
estimated 12 million (at first contact) to less than 200,000 by the
late 1880s.
27.
With respect to the reconstruction, constitutional amendments, the Bill
of Rights and other laws, according to Vine Deloria, represent a special
situation in their applicability to American Indians:
"The Bill of Rights was added to the Constitution at a time when many
Indian nations did not recognize the United States as a superior
sovereign to whom they owed allegiance. The Thirteenth, Fourteenth and
Fifteenth Amendments were added during the treaty-making period when it
was anticipated that Indians would always remain separate from American
society. The Sixteenth, Eighteenth and Twenty-first Amendments were
adopted long after the end of treaty-making when everyone assumed that
the federal government had a plenary power over Indians, which precluded
the operation of these amendments with respect to Indians." 8/
28. In effect, Jim Crow laws once again legalized and legislated white
supremacy and white domination throughout society for all national minorities
and indigenous peoples, who existed outside of any constitutional protection.
Segregation and the reservation system were established to consolidate this
domination. The post-Civil War amendments and all the achievements of the
period of reconstruction were finally undermined with the adoption by States
and the federal Government of the infamous "separate but equal" doctrine. The
Supreme Court replaced slavery with an equally effective instrument of
domination and subordination.
29.
The Plessy v. Ferguson separate but equal case, decided by the
United States Supreme Court in 1896, codified the segregated society where
race determined social position. The violent counterrevolution was also
achieved because of the terrorist activities of racist organizations such as
the Ku Klux Klan, white citizens’ councils or random acts of racist violence.
In fact, between the end of reconstruction and the early years of the