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61 Tex. L. Rev. 1401 (1982-1983)
Juries, Jurisdiction, and Race Discrimination: The Lost Promise of Strauder v. West Virginia

handle is hein.journals/tlr61 and id is 1439 raw text is: Texas Law Review Volume 61, Number 8, May 1983 Juries, Jurisdiction, and Race Discrimination: The Lost Promise of Strauder v. West Virginiat Benno C. Schmidt, Jr.* Table of Contents I. Introduction ............................................. 1402 II. Lily-White Juries ........................................ 1406 III. Strauder v. West Virginia ................................ 1414 A. An Incongruous Call to Princile .................... 1415 B. Strauder's Strength ................................. 1420 C Strauder's Impotence ............................... 1429 IV. Justice Field's Jurisdiction of State Autonomy ........... 1441 V. The Federal Jury Controversy ........................... 1450 t Copyright © 1983 by Benno C. Schmidt, Jr. * Harlan Fiske Stone Professor of Constitutional Law, Columbia University. A.B. 1963, LL.B. 1966, Yale University. This Article is an expanded version of the Tom Sealy Lecture on Law and a Free Society delivered at The University of Texas Law School on January 19, 1983. I am grateful to Professor Sanford Levinson, who was instrumental in planning my visit to The University of Texas, and with whom I had several instructive conversations about this lecture, to Dean John Sutton, and to the entire faculty for their warm and stimulating hospitality during a visit that was for me a deeply satisfying homecoming. This Article follows three articles about the Supreme Court and race relations during the period from Reconstruction to the New Deal, which I recently published in the Columbia Law Review: Schmidt, Principle and Prejudice: The Supreme Court and Race in the Progressive Era. Part 1: The Heyday of Jim Crow, 82 COLUM. L. REV. 444 (1982); Part 2. The Peonage Cases, 82 COLUM. L. REV. 646 (1982); Part 3: Black Disfranchisement from the KKK to the Grandfather Clause, 82 COLUM. L. REv. 835 (1982). This Article is, in a sense, the fourth installment in the series, and it has given me a new perspective on some of the material covered in the previous three articles. This Article, like the others, is an outgrowth of research undertaken in connection with work done on volume IX of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, to be published under the title A. BICKEL & B. SCHMIDT, THE JUDICIARY AND RESPONSIBLE GOVERNMENT- 1910-1921 (forthcoming 1984). I want to thank Michael J. Leffell for his energetic research assistance, especially in connection with the briefs and records of the cases discussed in this Article. My colleagues Harold Edgar, Bruce Ackerman, and Henry Monaghan were extremely helpful in the preparation of this Article, and I am most grateful to them. 1401

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