Comparative assessment

Comparative assessment 

According to Source-I

The Supreme Court  in 1952, gave its verdict in Stein v. New York.' With the greater part view by Mr. Justice Jackson has implications of extensive nature and may mark the foundation of a new tendency in the appliance of 14th Amendment due process2 to state unlawful actions; An understanding of the possible scope of the Stein case demands a study which shall compress the lawful rights or immunities of people of the United States; nor shall any State deprive any person of life, liberty, or property.

Rights were manacles on Congress and the Federal Courts and not on the States, and the only legitimate boundaries of any importance on state criminal measures were the prohibitions in Article I, section 10 concerning to ex post facto laws and bills of attainder. The path- "fundamental values of freedom and impartiality", refers to that law of the territory in each one State, which gets its authority from the intrinsic and reserved powers of the State, me out inside the restrictions of those basic doctrine of freedom and fairness which remains at the base of all our social and political institutions, and the greatest security for that remains in the right of the citizens to create their individual laws, and change them at their wish." 

While,Source-II, in the essay- “Plessy v. Ferguson and the Literary Imagination Brook Thomas”, the relationship is quested for the literary imagination to a specific Supreme Court case: Plessy v . Ferguson (1896). Conclusions are drawn about the general relation between law and literature from this particular case- On June 7, 1892, Homer Plessy was under arrest for violating Section 2 of Act 111 that was approved by the Louisiana government in 1890. The law called for "equal but separate accommodations for the white and colored races" on all passenger railways inside the state.

Regarding 14^th amendment, source-I says,

"The Fourteenth Amendment does not prevent jury trial of the subject. The states are independent to assign functions as between judge and board of judges as they observe fit .

According to  CALIFORNIA LAW REVIEW [Vol. 41 violence is to be considered as coerced. They were death penalty cases of  Harris and Watts, identified  as Negroes; each defendant had been subjected to long-drawn-out cross-examination and without being allowed to meet acquaintances or counsel. Mr. Justice Jackson acknowledged in part:" "In each, confessions were made and established in proof at the trial. Being checked with outside proof, they are naturally credible, and were not surprised as to fact by anything that happened  at the trial.

"I suppose the view one takes will turn on what one thinks should be the right of an accused person against the State. Is it his right to have the judg-ment on the facts? Or is it his right to have a judgment based on only such evidence as he cannot conceal from the authorities, who cannot compel him to testify in court and also cannot question him before? "

While Source-II says that, As per AMENDMENT XIII [1865]

Section 1, neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

 Section- 2, Congress shall have power to enforce this article by appropriate legislation.

The main reason of the amendment was to declare slavery illegal. Its channel was comparatively no more controversial except having a complex account. Those who projected it did not observe it as the first of three amendments. Rather, it was felt that it would be sufficient to give African Americans their equal position in United States culture. However, the amendment gave Congress authority to pass legislation eliminating most forms of discrimination.

On close observation, the 13th Amendment, the former slave states of the South approved laws which basically replaced slavery with institutional ethnic segregation. In an effort to correct this fault Congress approved the 1866 Civil Rights Act which offered a bigger specific guarantees. The 1866 Civil Rights Act offered for African- American citizenship and definite rights with the following language:

"All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States: and such citizens of every race and color  shall have the same right, in every State and territory of the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and person-al property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens”.

As per source-I,

A determination of whether they were coerced, and if coerced whether their provisional admittance required reversal, was obligatory in both cases. This clearly gives out that a rule of "prejudice." It leads to the third option, which the court does not explicitly believe.

If it  requires only a showing that there is sensible distrust that a conviction could have been obtained without the claimed denial of civil rights. The other is to trust  on and provide full reverence to the state court's determination and to admit that court's verdict in the matter unless it was founded on "wrong legal standards of decision."" This is fundamentally what the Court has done heretofore in applying the 90 Id. at 203.   

Source-II reflects that,

Under the federal system of the United States, in which authority was divided between the states and the centralized government, such rights had traditionally been guaranteed by the states, who were accountable for protecting people within their jurisdiction. For Congress, to promise them meant a fundamental change in the relationship between the federal government and the states. Thus, in order to ensure the constitutionality of its act, the 1866 Congress also proposed the 14th Amendment

If the 13th Amendment case had been accepted by the Court in Plessy the African American and thus the American literary tradition would have a somewhat dissimilar shape. Jim Crow laws were employed to form American society along racial position.  The Act declared:

"That there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of slavery; ...." But this language was omitted during debate in the House of Representatives. The second section of the fourth article of the Constitution states, "The citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States."