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THOUGH RACIAL JUSTICE overlaps with civil rights, the overlap is not complete. Civil rights encompass non-racial issues, and though the Civil Rights Movement responded principally to race-based problems, in American politics the fight for civil rights has included the rights of women, homosexuals, and non-ethnic minorities, as well as rights denied and owed to all citizens. Racial justice, meanwhile, is more than a simple guarantee and protection of rights: under the umbrella of racial justice, organizations such as the American Civil Liberties Union (ACLU) include the condemnation of racial profiling and the race disparity in prisons, and advocacy of affirmative action programs. The pursuit of racial justice has generally focused on African Americans and Native Americans, the two ethnic groups most frequently targeted by unfair or unjust legislation.

The two earliest issues of racial injustice in the United States were the enslavement of Africans and the treatment of, and breaking of treaties with, Native Americans. However, not until the expansion of the 19th century did these issues really become politicized. As the country acquired more and more territory and slavery became unprofitable or illegal in most of the rest of the world, Americans debated whether they were a slave-holding or free nation. As northerners and southerners argued whether new territories should outlaw or legalize slavery, they were really arguing over which position was the “default American stance” and which was the exception.

Slavery

Most northerners were perfectly willing to let southerners own slaves, so long as it was clear that an allowance was being made for the slave states. Abolitionists obviously went further than that, calling for an end to slavery in all states, territories, and other holdings, but the argument had raged for decades before the abolitionists' voices became as loud as the others. The importation of new slaves was banned as early as 1808, but as long as the children of slaves remained slaves, all that did was limit the slave trade, not slave ownership. Free African Americans continued to be kidnapped and forced into slavery.

Throughout the 19th century, slavery and the treatment and position of former slaves were the most prominent issues in American politics, alongside currency. Free African Americans were continually treated as lesser citizens than whites, especially because for most of the antebellum period, more than half of free African Americans lived in the southern states or territories. The later codified practice of segregation originated (in a sense) with the creation of free African-American institutions by free African Americans, who established their own businesses and schools because of their exclusion (whether official or not) from white institutions. This also established an African-American power base, which, while limited, in many parts of the country (for example, New Orleans) became significant. The African-American middle class, though all but invisible to most whites, originated in the 19th century among the growing numbers of free African Americans. This development likely felt as much like a threat to pro-slavery southerners as northern abolitionists.

By the middle of the 19th century, the treatment of African Americans was the preeminent issue in federal politics. After the Bleeding Kansas dispute over the issue of slavery in the new state of Kansas, with fears that slaves in Missouri would escape to a free Kansas boiling over into riots and arson, and after the assault on Massachusetts Senator Charles Sumner by South Carolina Congressman Preston Brooks, and the kidnapping and murder of five pro-slavery Kansans by radical abolitionist John Brown, the Supreme Court decided in the 1857 Dred Scott Decision that no one of African descent, regardless of whether they had ever been a slave, could be a citizen of the United States. It was in some sense a worse blow to racial justice than slavery itself, the American practice of which at least provided for the ability of slaves to be freed and, theoretically, enjoy the same rights as other Americans.

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