“Strauder v. West Virginia, [100 U.S. 303 (1880)] described the ‘common purpose’ of the Equal Protection Clause as ‘securing to a race recently emancipated, a race that through many generations had been held in slavery, all the civil rights that the superior race enjoy[s].’ A ‘necessary implication’ of the equal protection guarantee is ‘a positive immunity, or right, most valuable to the colored race’; that immunity included a ‘right to exemption from unfriendly legislation against them distinctively as colored’ and ‘from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject race.’ Describing African Americans as ‘abject and ignorant’ members of the ‘colored race’ who were ‘unfitted to command the respect of those who had superior intelligence,’ the Court opined that the Fourteenth Amendment ‘was designed to assure to the colored race the enjoyment of all the civil rights that under the law are enjoyed by white persons, and to give to that race the protection of the general government, in that enjoyment, whenever it should be denied by the States.'”

June 3, 2015

Source: Ronald Turner. “The Way To Stop Discrimination On the Basis of Race…” Stanford Journal of Civil Rights & Civil Liberties. pg. 51. January 2015 (citing Straduer v. West Virginia, 100 U.S. 303, 306-308 (1880); see also id. (“[I]t required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed.”)).

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