Eminent Domain has been a policy of the US Government since independence from the British Empire. It allows the Federal government to seize private property for public use. Due to the fact that it inherently violates the right of an individual to own property it has always been at least somewhat controversial. It reappears as a major public issue from time to time throughout American history.

Adell Sherbert was a Seventh Day Adventist who refused to work on Saturday, as it was her religion's sabbath. When her employer fired her, she sued her employer, arguing she had a constitutional right to not be fired for freely exercising her religion. After her case made it all the way to the Supreme Court, the court found in her favor, and established the so-called Sherbert test. The Sherbert test was used to determine whether someone's ability to freely exercise his or her religion was being limited by the government.

Desegregation of the armed forces took place in 1948 and was ordered by President Harry Truman. Roosevelt had recently banned racial discrimination and segregation in government offices.