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Strauder v. West Virginia

1. Strauder v. West Virginia, (1880)

2. Facts: A black defendant was tried by a jury of all white males. A State law provided that only white males could sit on a jury.

3. Procedural Posture: The defendant tried unsuccessfully to remove to federal court, and was convicted.

4. Issue: Whether the state law prohibiting non-white males from sitting on a jury was a violation of equal protection.

5. Holding: Yes.

6. Majority Reasoning: The purpose of the equal protection clause was to provide protection for the civil rights of blacks. This law clearly discriminates against blacks. Furthermore, any classification of jurors by race would be unconsitutional, whether it be nationality based or otherwise. That is not to say that the state may not prescribe qualification for its jurors, it just may not do so with respect to race. [But age, sex, and education was okay. This is the first exercise of racial protection under the equal protection clause.]

 

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