Three constitutional amendments enacted around the time of the Civil War have a profound impact on the status of Black Americans. The Thirteenth Amendment (1865) formally outlaws the practice of slavery in America. The Fourteenth Amendment (1868) states that all citizens are guaranteed the same rights under the law. The Fifteenth Amendment (1870) explicitly grants the vote to all male citizens of the country, regardless of race.

In United States v. Stanley (1883), the Supreme Court undercuts the constitutional legislation guaranteeing equal treatment for ex-enslaved people. A series of eight cases, collectively known as the Civil Rights Cases, essentially state that the federal government has no authority to intervene in instances of private discrimination. The court defers to states’ rights in the matter. Among other things, this lack of federal oversight means that hotels can ban Black guests, and Railroads are not obliged to seat Black passengers with Whites. In essence, the South is free to practice segregation without fear of federal intervention. 

In 1857, the Supreme Court hears the case of an enslaved person named Dred Scott who travels to a northern state with his master. Scott claims that he is now in free territory and should be regarded as free.