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CULTURES AND COURTS
Mike Berkowitz
Sexism…racism…prejudice…inclusion…war…prisons. How did we respond to these issues in the last century? How do we respond now? In the 1940s, 1950s, 1960s, and 1970s, how did we treat women, minorities, LGBT, the mentally ill, special needs students, immigrants, returning veterans, and prisoners? And how do we treat them now? Mini-lectures and movie clips will help focus our discussion. We may have come a long way, but how could we be doing better?
COLIN WOODARD:
AMERICAN NATIONSa history of the eleven rival regional cultures of North America
(Psych: Critical periods: (imprinting in fowl) Huge impact during rapid development)
The Doctrine of First Effective Settlement: Wilbur Zelinsky first group, lasting impact
COLIN WOODARD:
AMERICAN NATIONS-a history of the eleven rival regional cultures of North America
(Psych: Critical periods: (imprinting in fowl) Huge impact during rapid development)
The Doctrine of First Effective Settlement: Wilbur Zelinsky first group, lasting impact
http://milombardia.gazzetta.it/milano/2013-02-04/eroica-mamma-papera-ferma-lavori-darsena-natura-piu-forte-ruspe--914147362414.shtml
http://www.wisegeek.org/what-is-imprinting.htm
Konrad Lorenz with imprinted fowl
In Santrock’s Life-Span Development
COLIN WOODARD:
AMERICAN NATIONS-a history of the eleven rival regional cultures of North America
(Psych: Critical periods: (imprinting in fowl) Huge impact during rapid development)
The Doctrine of First Effective Settlement: Wilbur Zelinsky first group, lasting impact
“The specific characteristics of the first group
able to effect a viable, self-perpetuating
society are of crucial significance for the later
social and cultural geography of the area.”
The Doctrine Of First Effective Settlement
Wilbur Zelinsky (cultural geographer)
COLIN WOODARD:
AMERICAN NATIONS--a history of the eleven rival regional cultures of North America
(Psych: Critical periods: (imprinting in fowl) Huge impact during rapid development)
The Doctrine of First Effective Settlement: Wilbur Zelinsky first group, lasting impact
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Nation When founded Now
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
Yankeedom self-gov; common good;
education
bigger gov’t for social good;
colleges
Left Coast Yankees ideals and
individualistic App farmers
Idealism; individualism;
movements (hippies; tech)
New
Netherland
Merchants; fur; diversity; free
inquiry & religion
Trade, finance, immigrants,
diversity, public institutions
The
Midlands
English Quakers; pacifist;
religious tolerance; pluralism
Society for people; but not strong
“top-down government”
El Norte Native Americans; Spanish;
Anglos: WW II guest workers
Issue of immigration; rapid
Hispanic population growth
The Far
West
Needed corporations for
mining, RR, irrigation
Resist trusts and federal
regulations (but want subsidies)
Greater
Appalachia
Escape; pioneer; rough and
bellicose; individual strength
Distrust others; varying aligning;
South’s distrust fed
Tidewater Gentry; feudal; indentured
servants; conservative
Authority over participation; lost
early strength
Deep South Slave lords; sugar; cotton;
~ancients; democ of wealthy
Against fed, taxes, environ-
ment/labor/consumer rules
Are we one country?
When were we most divided?
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. First, federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
Movie: AmistadYear: 1997Director: Steven SpeilbergCast: Djimon Hounsou, Matthew McConaughey, Anthony Hopkins, Morgan Freeman
Movie: AmistadYear: 1997Director: Steven SpeilbergCast: Djimon Hounsou, Matthew McConaughey, Anthony Hopkins, Morgan Freeman
Watch for regional differences..
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. First, federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.htmlWhat regional differences were in the film clip?
UNITED STATES V. AMISTAD
SCOTUS (Supreme Court of the United States) 18411839 53 Mende captured in Africa, sold to
Portuguese slave trader. On Tecora to Cuba, where sold to Spanish plantation
owners. La Amistad, schooner. Joseph Cinque led revolt,
killed some; demanded owners steer to Africa. But north, hoping Spanish ship. Coast Guard, to New Haven, imprisoned. Trial: issues: jurisdiction, ownership (Cuban buyers,
salvage, Spain per ship and owners), abolitionists, slavery. Federal court said illegally enslaved. Appealed to Supreme Court, JQ Adams argued
and won 7-1: illegal capture and trade (Spanishlaw; 1808 Congress banned international slavetrade). Freed.
Comments? Questions?
Break
Movie: 12 Years a Slave Year: 2013Director: Steve McQueenCast: Chiwetel Ejiofor, Michael Fassbender, Benedict Cumberbatch, Paul Dano, Paul Giamatti, Lupita Nyong'o, Sarah Paulson, Brad Pitt, Alfre Woodard
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.htmlWhat regional differences were in the film clip?
DRED SCOTT V. SANDFORD
SCOTUS 1857
Owners took him from Missouri to free territory,
back to Missouri.
Sued, claiming became free.
Lost 7-2 as not citizen, therefore no rights.
Declared Missouri Compromise unconstitutional
DRED SCOTT V. SANDFORD
SCOTUS 1857
Owners took him from Missouri to free territory,
back to Missouri.
Sued, claiming became free.
Lost 7-2 as not citizen, therefore no rights.
Declared Missouri Compromise unconstitutional
DRED SCOTT V. SANDFORD
SCOTUS 1857
Owners took him from Missouri to free territory,
back to Missouri.
Sued, claiming became free.
Lost 7-2 as not citizen, therefore no rights.
Declared Missouri Compromise unconstitutional
The question is simply this: Can a negro, whose
ancestors were imported into this country, and sold
as slaves, become a member of the political
community formed and brought into existence by
the Constitution of the United States, and as such
become entitled to all of the rights, and privileges,
and immunities, guarantied [sic] by that instrument
to the citizen?
Chief Justice Taney, Dred Scott V. Sandford 1857
We think ... that [black people] are not included,
and were not intended to be included, under the
word "citizens" in the Constitution, and can
therefore claim none of the rights and privileges
which that instrument provides for and secures to
citizens of the United States. On the contrary, they
were at that time [of America's founding] considered
as a subordinate and inferior class of beings who
had been subjugated by the dominant race, and,
whether emancipated or not, yet remained subject
to their authority, and had no rights or privileges but
such as those who held the power and the
Government might choose to grant them.
Chief Justice Taney, Dred Scott V. Sandford 1857
DRED SCOTT V. SANDFORD
SCOTUS 1857
Owners took him from Missouri to free territory,
back to Missouri.
Sued, claiming became free.
Lost 7-2 as not citizen, therefore no rights.
Declared Missouri Compromise unconstitutional
DRED SCOTT V. SANDFORD
SCOTUS 1857
Owners took him from Missouri to free territory,
back to Missouri.
Sued, claiming became free.
Lost 7-2 as not citizen, therefore no rights.
Declared Missouri Compromise unconstitutional
What regional
differences
were there
in this case?
When were regional differences strongest in the U.S.?
In what arenas do we see regional differences today?
LGBTQ
abortion
death penalty……
Some relate to religion? (last week and this week)
Some relate to an individual’s rights? (next week)
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
http://thecivilwardowns.weebly.com/upload
s/4/0/6/1/40618253/504333253.png?328
http://thecivilwardowns.weebly.com/
During the Civil War
http://thecivilwardowns.weebly.com/upload
s/4/0/6/1/40618253/504333253.png?328
http://thecivilwardowns.weebly.com/
When were regional differences strongest in the U.S.?
In what arenas do we see regional differences today?
LGBTQ
abortion
death penalty……
Some relate to religion? (last week and this week)
Some relate to an individual’s rights? (next week)
http://grumblesfromanoldgrouch.com/2014/08/
Woman’s Suffrage – before the 19th amendment
https://constitutioncenter.org/ timeline/html/cw08_12159.html
https://danieljmitchell.files.wordpress.com/2013/07/stand-your-ground-laws-us.jpg
http://www.deathpenaltyinfo.org/states-and-without-death-penalty
http://www.deathpenaltyinfo.org/states-and-without-death-penalty
http://www.limitedreport.com/death-penalty-map.php
http://dailysignal.com/2015/05/08/the-nation-is-about-to-debate-late-term-abortions-where-does-your-state-
stand/
2008 http://www.gallup.com/poll/114022/state-states-importance-
religion.aspx
https://en.wikipedia.org/wiki/Red_states_and_blue_states
https://en.wikipedia.org/wiki/Red_states_and_blue_states
When were regional differences strongest in the U.S.?
In what arenas do we see regional differences today?
LGBTQ; elections; women’s suffrage;
abortion; religion;
gun ownership; stand-your-ground; death penalty……
Some relate to religion? (last week and this week)
Some relate to an individual’s rights? (next week)
Where do we see regional differences most clearly…in SCOTUS rulings? in state courts? in Congress? in state legislatures?
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Where do we see regional differences most clearly…in SCOTUS rulings? in state courts? in Congress? in state legislatures?
http://emerald.tufts.edu/alumni/magazine/fall2013/features/up-in-arms.html
Next week:
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