An introduction to Constitutional Law 100 Supreme Court cases everyone should know

State v. Strauder (West Virginia Supreme Court)

A courtroom

In 1875, Congress enacted a law that allowed criminal defendants to remove a case from state court to federal court if the prosecution results in the deprivation of “the equal civil rights of citizens of the United States.”

Strauder argued that his case should be removed to federal court because he was “denied rights to which he was entitled under the Constitution.”

The West Virginia Supreme Court found no reason “why a jury of white men would not be quite as likely to do justice to the prisoner as a jury of negroes.” Moreover, that court found that 14th Amendment was not “intended to protect the citizens of any State against unjust legislation by their own State.”

The relationship between Sections 1 and 5 of the Fourteenth Amendment

The vote in Strauder v. W.V. was 7-2.

First, the Court found that the 14th Amendments guarantee of equal protection of the laws protects a defendant’s “right to a trial by a jury selected and impanelled without discrimination against his race or color.”

Second, because Strauder’s rights under Section 1 of the 14th Amendment were violated, Congress had the power to remedy the violation under Section 5 of the 14th Amendment.

The Supreme Court would consider the constitutionality of this removal law in Strauder v. West Virginia (1880). Taylor Strauder was charged with murdering his wife. Both were African Americans. At the time, West Virginia law limited jury service to white males. Strauder argued that this prosecution “denied rights to which he was entitled under the Constitution.” Therefore, he contended that his case should be removed to federal court. The trial court denied Strauder’s request to remove the case to federal court. Likewise, the West Virginia Supreme Court found no reason “why a jury of white men would not be quite as likely to do justice to the prisoner as a jury of negroes.” Moreover, the court found that the Fourteenth Amendment was not “intended to protect the citizens of any State against unjust legislation by their own State.”

On appeal, the Supreme Court of the United States reversed by a 7-2 vote.