20th Century: Pre-1945

This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of American History. Please check back later for the full article.

On August 4, 1942, the Mexican and U.S. governments launched the bi-national guest worker program, most commonly known as the Bracero Program. An estimated five million Mexican men between the ages of 19 and 45 separated from their families for three-to-nine-month contract cycles at a time, in anticipation of earning the prevailing U.S. wage this program had promised them. They labored in U.S. agriculture, railroad construction, and forestry, with hardly any employment protections or rights in place to support themselves and the families they had left behind in Mexico. The inhumane configuration and implementation of this program prevented most of these men and their families from meeting such goals. Instead, the labor exploitation and alienation that characterized this guest worker program and their program participation paved the way for, at best, fragile family relationships. This program lasted twenty-two years and grew in its expanse, despite its negative consequences, Mexican men and their families could not afford to settle for being unemployed in Mexico, nor could they pass up U.S. employment opportunities of any sort. The Mexican and U.S. governments’ persistently negligent management of the Bracero Program, coupled with their conveniently selective acknowledgement of the severity of the plight of Mexican women and men, consistently cornered Mexican men and their families to shoulder the full extent of the Bracero Program’s exploitative conditions and terms.

The 1925 Scopes trial was a widely followed court case in Dayton, Tennessee, that attracted the attention of the nation. A prosecution against a schoolteacher charged with violating Tennessee’s new law prohibiting the teaching of human evolution, the trial became a great public spectacle that saw debates over the meaning and truth of the Bible, and the relationship between science and religion. The trial is most famous for the involvement of the lawyers William Jennings Bryan (for the prosecution) and Clarence Darrow (for the defense).

Despite being a legally insignificant case, the trial has remained important in American history because it is seen as symbolizing some of the country’s great social issues in the early 20th century: fundamentalist responses to modernity, the autonomy and clout of the “New South,” and the eternal clash between religion and science.

In 1911, a group of American Indian intellectuals organized what would become known as the Society of American Indians, or SAI. SAI members convened in annual meetings between 1911 and 1923, and for much of that period the Society’s executive offices were a hub for political advocacy, lobbying Congress and the Office of Indian Affairs (OIA), publishing a journal, offering legal assistance to Native individuals and tribes, and maintaining an impressively voluminous correspondence across the country with American Indians, “Friends of the Indian” reformers, political allies, and staunch critics. Notable Native activists, clergy, entertainers, professionals, speakers, and writers—as well as Native representatives from on- and off-reservation communities—were active in the Society. They worked tirelessly to meet daunting, unrealistic expectations, principally to deliver a unified voice of Indian “public opinion” and to pursue controversial political goals without appearing too radical, especially obtaining U.S. citizenship for Indian individuals and allowing Indian nations to access the U.S. Court of Claims. They maintained their myriad activities with scant financial resources solely through the unpaid labor of dedicated Native volunteers. By 1923, the challenges exhausted the Society’s substantial human and miniscule financial capital. The Native “soul of unity” demanded by non-white spectators and hoped for by SAI leaders could no longer hold the center, and the SAI dissolved. Their work was not in vain, but citizenship and the ability to file claims materialized in circumscribed forms. In 1924 Congress passed the Indian Citizenship Act, granting birthright citizenship to American Indians, but citizenship for Indians was deemed compatible with continued wardship status. In 1946 Congress established an Indian Claims Commission, not a court, and successful claims could only result in monetary compensation, not regained lands.

From the 1890s to World War I, progressive reformers in the United States called upon their local, state, and federal governments to revitalize American democracy and address the most harmful social consequences of industrialization. The emergence of an increasingly powerful administrative state, which intervened on behalf of the public welfare in the economy and society, generated significant levels of conflict. Some of the opposition came from conservative business interests, who denounced state labor laws and other market regulations as meddlesome interferences with liberty of contract. But the historical record of the Progressive Era also reveals a broad undercurrent of resistance from ordinary Americans, who fought for personal liberty against the growth of police power in such areas as public health administration and the regulation of radical speech. Their struggles in the streets, statehouses, and courtrooms of the United States in the early 20th century shaped the legal culture of the period and revealed the contested meaning of individual liberty in a new social age.