Moot Court: Bakke v Regents of California

Today in moot court, my group and I argued the case of the Regents of the University of California v Bakke.  The issue raised was regarding admissions practices of UC Davis.  My group argued on the side of the Regents of California in stating that Bakke was fairly rejected from the universities, and our opposition argued on behalf Bakke in stating that he was unfairly denied admittance.  This case proved to be instrumental in shaping the admittance policies of universities and institutions moving forward.

Allan Bakke applied to twelve medical schools and was denied from all of them, despite having a significantly higher MCAT and GPA than some of the minority applicants that had been admitted.  Bakke applied to the top school of his choice, University of California Davis, a second time and upon being rejected again he made the decision to present his case in court.  He attempted to sue the University of California for allegedly violating the Civil Rights Act of 1964 and the 14^th Amendment’s Equal Protection Act.

Both sides presented effective arguments. My group stated numerous reasons as to why such programs were put into place and were needed during this period in history.  White individuals accounted for a significant portion of students in classrooms, and due to a societal change during this period it was logical that minorities begin to be included.  In attempt to include minorities, the university set aside a certain amount of seats for these students.  This was not uncommon and was the reason why Bakke was not initially accepted.  The opposition argued that he had a 3.51 GPA was a National Merit Scholar and presented very high grades across his application, and therefore earned admittance into the university. After weighing both arguments, the Court ruled that Bakke was unfairly rejected and therefore granted him admittance into the University of California Davis.

Klansville USA

Prior to watching this documentary, I had limited knowledge regarding the origin of the Ku Klux Klan.  I was not aware that it originally started as a fraternity in which its members would dress in elaborate costumes and run around scaring freed slaves into thinking that they were ghosts of Confederate generals.  Once Klan individuals began to recognize the fear of the freed slaves, they realized that this fear could allow whites to take control over the black community once again. 

Over time, more than 4 million Americans claimed membership to the Klan.  They were violent and extremely racist.  As more people became involved, the Klan gained momentum.  The civil rights activists were trying to stop them because of their unjust hatred towards black individuals.  Due to the fact that there was not a lot to do in rural South Carolina during the 1960’s, people were thrilled to go to Klan rallies and participate in any kind of activities that were available to them.  Bob Jones, a native of Salisbury, North Carolina was the most successful Grand Dragon of the Klan as he lead a chapter of over 10,000 members.  Many of his members were uneducated and poor white men who were angry with the black population and craved feelings to superiority and power.  Mr. Jones would hold daytime marches in small North Carolinian towns in order to show that he was not afraid to express his views.  In general, wealthy individuals did not join the Klan or publically state their views towards its beliefs.  The Klan members marched down sidewalks and had people move out of their way in order to let them pass.  Over time, individuals became irritated by the Klan and made efforts to fight back against the marchers.  Jones repeatedly stated that he did not condone nor promote violence, but naturally due to the extreme conflicting views of individuals, it was known to happen from time to time.

The March on Washington (1963)

          The movie we watched in class today was about Martin Luther King Jr.’s March on Washington in 1963.  I have heard his famous “I Have a Dream” speech many times, but never really understood the magnitude of the moment until we studied it in class.  I found this movie to be very interesting due to the fact that it provided a significant amount of background detail and presented in-depth information regarding the fundamentals of The March.  Another aspect that I found to be extremely intriguing was the level of importance that college students held throughout this period.  People were flooding into Washington from all over the country, and the March demonstrates the true level of power that the citizens possess as a whole.  The footage of Martin Luther King Jr. was effective in demonstrating his passion and anger towards the mentality of the American states against black individuals.  Overall, this movie was extremely effective in its teachings and historical reflection of the March on Washington.

Moot Court: Plessy v Ferguson

          Today in moot court, the historic case of Plessy v Ferguson was debated.  Plessy was unhappy with being forced to move to the “black section” of the railway car, despite purchasing a ticket that allowed him to sit with the white individuals.  The original trial occurred in 1896 and has become known as a landmark United States Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the “separate but equal” doctrine.

          The trial began with Team Reagan presenting the fact that Plessy was legally allowed to purchase the ticket despite the fact that he was a coloured man.  Plessy purchased his ticket legally and peacefully but was thought to be set-up by the railroad company in order to facilitate his arrest.  Team Reagan stated that the Louisiana state law had no constitutional power in regards to the operation of the railroad system due to the fact that the railroad extended across various state lines. On the other hand, Team Red, White & Better Than You argued that the state had rights regarding the laws of public transportation.  They also described their beliefs in regards to “Racial Mixin” in stating that having blacks and whites on the same train car poses potential causes for conflicts and would not be in the best interest of the public.

          In conclusion, Team Red, White & Better Than You presented a solid argument that resulted in them winning the case.  Team Reagan presented many strong points but their moral arguments were not as persuasive or valid as the facts and images presented by Team Red, White & Better Than You.

Causes of the American Civil War

          The American Civil War was fought from 1861 to 1865 to determine the survival of the Union of independence for the Confederacy. The Northern and Southern states went to war due to a build-up of numerous events.  The Northern states were knows to be industrial, while the Southern states were known for their agricultural profits.  Due to the heavy amount of manual labour that was required to maintain the southern crops, slavery developed into a horrendous issue.  Manual labour was needed to work in the fields as slaves grew and harvested crops such as tobacco and cotton.  Slaves were not given a choice or any rights regarding their work. They were essentially viewed as animals and were often expected to survive in unacceptable living conditions and were often beaten by their owners.

          One of the major turning points in American history was the case of Dred Scott v Sandford.  This trial occurred prior to the Civil War and to many was the decisive case when the citizens of American collectively decided that they needed to work together to drive change.  Slaves of all ages, children to pregnant women, were abused and beaten by their owners.  As the public became aware of the situation, numerous individuals decided to speak out to initiate a change of mentality.  Fred Douglas was a powerful figure in the fight against slavery, and made a significant impact with his autobiography, “Narrative of the Life of Fredrick Douglas” in which he shares his journey to gaining freedom from slavery.  He discussed ‘free-blacks’ who were slaves that had been bought out my relatives, released out of consciousness, or escaped to their freedom.  These ‘free-blacks’ were given the opportunity to work manual labour jobs and some even became doctors and lawyers. Over time, tension continually built as more and more slaves wanted to gain their sense of independence and freedom.  The drive for freedom lead slaves to formulate the Nat Turner Revolt in Southampton County, Virginia and the 1811 Louisiana Slave Rebellion.  Following these events, and the trial of Dred Scott a 34 hour battle took place at Fort Sumpter, and shortly after war was declared between the Northern and Southern states.

Part One
Part Two