The Gilded Age. 1878–1900

Industrial growth, Chinese exclusion and the spread of segregation laws. The Court upholds “separate but equal” and confirms birthright citizenship.

6 cases0 amendments1 rights and powersSee on the timeline

The questions. As the record frames them.

The constitutional questions this era’s decisions and laws turned on.

  • Does equal protection permit legally required separation?
  • Who is a citizen by birth?

The record. 7 entries, in order.

Every case, amendment and event in Constilumen dated 1878 to 1900.

1882

Chinese Exclusion Act

Rights and powers · May 6, 1882 · Restriction of rights

Suspends immigration of Chinese laborers and bars Chinese immigrants from naturalization. Extended in 1892 and made permanent in 1902; repealed in 1943.

Source: National Archives

1883

Civil Rights Cases

Landmark cases · 109 U.S. 3 (1883) · 8–1

No. The Fourteenth Amendment reaches state action, not private conduct, and the Civil Rights Act of 1875’s public accommodations provisions were unconstitutional.

Source: Opinion of the Court

1886

Yick Wo v. Hopkins

Landmark cases · 118 U.S. 356 (1886) · 9–0

Yes. A law fair on its face but administered with an unequal hand denies equal protection, and the guarantee covers non-citizens.

Source: Opinion of the Court

1896

Plessy v. Ferguson

Landmark cases · 163 U.S. 537 (1896) · 7–1

No. Separate accommodations that were equal did not violate equal protection. Justice Harlan dissented: “Our Constitution is color-blind.”

Source: Opinion of the Court

The language. What stood out in print.

Tracked terms printed most often in 1878–1900 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.

Compare any terms on the Language page

  1. suffrage1.3×
  2. rule of law1.2×
  3. unconstitutional1.0×
  4. constitution1.0×
  5. habeas corpus1.0×
  6. patriotism0.9×

Executive orders. Presidencies of the era.

Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.

PresidentTook officeOrdersPer year
Rutherford B. Hayes18779223
James Garfield1881611
Chester Arthur18819628
Grover Cleveland (I)188511328
Benjamin Harrison188914336
Grover Cleveland (II)189314035
William McKinley189718541

Source: The American Presidency Project. All presidencies

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