Smith V. Allwright Case Brief

Decent Essays
Discrimination has been going on all around the world since it was created. There's times when Race, Ethnicity, and religion do not matter. The case of Smith V. Allwright shows how S.S Allwright a county election official refused to let Loonie E. Smith participate in the Democratic election. Loonie E. Smith knew he had rights and decided to sue S.S Allwright. In my opinion this case is not a surprise, there's people out there whom think they are better than everyone else. Till this day discrimination still happens. From experience I don't think it will ever stop, but everyone deserves to know their rights and stand up for one another. Hatred is bad as it is, if people stood up for themselves they wouldn't have to deal with any nonsense. It is why I respect Smith for taking a stand and believing he had rights like any other human being in the 1990's. …show more content…
Thurgood Marshall and William H. Hastie were Smith's chief lawyers claiming that the rules of the Texas Democratic Party violated constitutional rights by banning African Americans from participating in primary elections. The 14th amendment ratified in 1868 prohibited stated from denying the "equal protection" of its laws to any person. The 15th amendment ratified in 1870 affirmed that "the right of citizens of the United States to vote shall not be denied or abridge by the United States or by any state ok account of race, color, or previous condition of servitude." These two amendment weren't very secure back in day even though they were created by the government. George W. Barcus was on S.S Allwright's behalf but lost the case due to the U.S Supreme Court's decision. The U.S Supreme Court supported Smith's case by directing the Texas Democratic Party to pay Smith $5,000 in compensatory damages and that the party could no longer exclude African Americans participation in primary

Related Documents

  • Improved Essays

    The facts of Miller v. Alabama include a fourteen-year old named Evan Miller who beat and robbed his next-door neighbor, Cole Cannon. The date of the incident, Miller and his co-defendant, Colby Smith, went to Cannon’s home in search of drugs. When they found no drugs, they stole baseball cards and returned to Miller’s home. A few hours later, both Miller and Smith returned to Cannon’s home. Cannon was unconscious due to drinking and smoking, at which point Miller took $300.00 and Cannon’s driver’s license from Cannons wallet.…

    • 599 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The People v. Smith case was decided in 1991 by the Supreme Court of Michigan. The issue was that a defendant, Ricky Franklin Smith, argued he should be resentenced because of the inclusion of the presentence investigation report of his previously expunged juvenile record (People, 1991). The Court of Appeals in Michigan agreed with the defendant and required that Smith be sentenced again. The Supreme Court, however, heard the case and reverse the decision stating the Smith did not need to be sentenced again on the basis of the inclusion of his juvenile record alone. Smith was originally convicted of breaking and entering, largely based upon his decision to plead guilty.…

    • 545 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Dred Scott Vs Sanford Case

    • 1043 Words
    • 5 Pages

    The ruling of the case said that no African-American had rights and that the Missouri Compromise was unconstitutional. Many of the northern states denounced the law which led to the formation of the Republican party. Historians believe that the ruling of this case was the biggest mistake that the Supreme Court ever made. If it was not for Dred Scott’s perseverance and motivation for the issue of freedom and citizenship for African - Americans the issue may have never come up. Even though Dred Scott and his family did not receive their freedom from this case, they did keep their family together through the case, which was unheard of during this time.…

    • 1043 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Reconstruction Dbq

    • 1471 Words
    • 6 Pages

    The Reconstruction Act of 1867 required southern states to ratify the 14th Amendment–which granted the equal protection of the Constitution of the United States to the former slaves and establish universal male suffrage before they could reunite with the Union. The 15th Amendment, approved and endorsed in 1870, guaranteed that a citizen’s right to vote could not be denied on account of the person’s race, color, or previous condition of servitude. Amid this period of Reconstruction, the next ten years, blacks won election to southern state governments and even to the U.S.…

    • 1471 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Civil War Dbq Analysis

    • 637 Words
    • 3 Pages

    The citizens were arguing whether it was constitutional to limit the rights of blacks, so “to remove all doubt, an amendment was added which declared that the powers…” (Document A) The backlash from the selectiveness of Black rights resulted in the creation of the 15th amendment. The 15th amendment address the right to vote. As Blacks were given the right to vote, they were also given citizenship if they were born in the United States by the 14th amendment.…

    • 637 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Also, the 15th amendment issued on Febuary 1870 states that any person could vote and did not matter on or race or if you were a slave. (Doc: A,and F) A second reason was the African american could be on the goverment. 17 African Amricans were elected in the local elections. Also in 1875 came the Civil…

    • 221 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Congress then constrained the southern states to favor of the fourteenth Amendment in 1868; it expressed that every male American have the privileges of residents and it kept the capacity for one state to make laws like the Black Codes. Notwithstanding the fourteenth Amendment, Congress approved the fifteenth Amendment. It expressed that African Americans have the privilege to vote and could be chosen to government workplaces. African Americans were at last ready to partake in government issues and vote. They were given more flexibility than any other time in recent memory in view of the changes, yet the South was soon ready to return to their past biases with the making of the Jim Crow…

    • 1768 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    The Dred Scott decision became irrelevant and African Americans were considered citizens of America. The 15th amendment would also be ratified which restricted states from discrimination when it came to voting based on color. This was a revolutionary act in itself as the federal government would dismantle the 10th amendment and exercise an altitude of power they have never exercised before (Doc D) .Although most states found loopholes to disregard this amendment, it remained revolutionary as it manifested an ideal equal country where African Americans can vote like the one portrayed in Harper 's Weekly(Doc G). Soon after the war, African Americans were promised…

    • 1006 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Despite the social discrimination in the form of black codes, sharecropping, and hate crimes, abounding political developments fostered change in blacks’ lives. The 15th amendment guaranteed voting rights for all African Americans. After the Civil War but before the 15th amendment was passed, many blacks petitioned the government for the right to vote, stating that if they fought against rebels in the field they should be able to vote against them in the polls. (Doc 3)…

    • 541 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The Suffrage and Race was passed by Congress on March 3, 1869, and ratified in 1870, the Fifteenth Amendment was the last of the three Reconstruction Amendments. Though the language of the Fifteenth Amendment prohibits all race-based discrimination in qualifications for voting, the Framers were primarily concerned with the enfranchisement of African-Americans. As early as 1866, many of the Republicans were convinced of the need for a constitutional amendment that would require the states to allow African-Americans to vote.…

    • 79 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    There are lots of issues to this day of people still discriminating. Even though laws were passed a long time ago people still feel that if they aren't the same color as them. But even though it is still here it is getting better with less cases every year to go with race discrimination in work. More people are being paid equally and getting jobs that they could not get before. In our society race discrimination in work is a major factor on what ethnicity you are and can affect how people get paid, what jobs they will get, how they are treated by managers and employees and what goes on in the workplace for different ethnicities that are working.…

    • 353 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Discrimination of race is still a problem in today’s society however it has improved some over the last ten years or so. No one should be discriminated…

    • 1178 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    According to the case, court decision can be easily made as John Decina is personally liable on the contract with Smith Lumber unless he provides sufficient evidence to disclose his agency for Decina Corporation. Moreover, when he filled the credit application, he failed to disclose that he was acting for a principal. However, if wants to avoid from personal liability, he should try to give some information about his agency.…

    • 70 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    It is as if we look the other way if something doesn't personally concern us. Housing discrimination because we let it happen, if we could just stand up for one another and clarify how wrong this is, it wouldn't be occurs g as much as it is today. You would think since discrimination is such a big deal in the world today the government would have a way to help. Even the Human Rights Act does protect anyone from any type of discrimination in your life at all. The only protection from the Human Rights Act that the government gives us is employment discrimination help; however the Human Right Act is not free-standing.…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Discrimination is everywhere. There is discrimination for everything, from aging to being pregnant, to sexual orientation. One of the biggest types of discrimination is racial. Racial discrimination is one of those things that will take time to go away, if it ever truly does. When saying racial discrimination, most of everyone’s first thought is blacks and whites, but it’s more than that. There’s discrimination between all races, from blacks to whites to Latinos and so on.…

    • 986 Words
    • 4 Pages
    Improved Essays