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Civil Rights Movement

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Civil Rights Movement. Summary and Modern Concerns. Thus Far. ... Civil Rights Act of 1964. Voting Rights Act of 1965. Fair Housing Act. Contemporary Issues: ... – PowerPoint PPT presentation

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Title: Civil Rights Movement


1
Civil Rights Movement
  • Summary and Modern Concerns

2
Thus Far . . .
  • Focus on Rights of African-Americans
  • Factors in Change
  • Electoral Strength
  • Organization (NAACP)
  • Working within the system lobbying, litigation
  • Grassroots protests, boycotts, civil
    disobedience
  • Changing Public Opinion
  • National Leadership (Truman, Kennedy, Johnson)

3
Changes
  • Courts Interpretation of 14th Amendment
  • Strict Scrutiny for Suspect Classification of
    Race
  • Compelling government interest
  • Means narrowly tailored
  • Legislation
  • Civil Rights Act of 1964
  • Voting Rights Act of 1965
  • Fair Housing Act

4
Contemporary IssuesOther Racial and Ethnic
Minorities
  • Latinos
  • Asian Americans
  • Native Americans

5
What Is Affirmative Action?
  • Race-conscious policies designed to increase
    opportunities for women and minorities
  • Goals
  • Remedying the effects of past discrimination by
    the organization creating the policy
  • Remedying the effects of discrimination in
    earlier stages of education, training, and
    employment
  • Increasing diversity within the organization
    creating the policy

6
Arguments in Favor of AA
  • Discrimination is class-based, so remedy should
    be as well
  • Provides a catalyst for eliminating institutional
    and social inequalities
  • Creates a diverse educational or labor force
    which is (arguably) inherently more productive

7
Arguments Against AA
  • Conservative Arguments
  • Our system is supposed to reward individual
    achievement, regardless of group membership
  • We cannot overcome group-based discrimination by
    perpetuating group-based decisions
  • Critical Race/Gender Theory
  • Creates the impression that minorities/women
    cannot achieve on their own merits (actually
    undermines tolerance)
  • Encourages tokenism and creates the illusion
    that discrimination is fixed

8
Affirmative Action and the Equal Protection Clause
  • When were talking about AA policies by
    governments as employers or educators
  • Race conscious policy strict scrutiny
  • Compelling government interest
  • Narrowly tailored means for achieving that
    interest

9
AA in State Education The Michigan Cases
  • Undergrad
  • Points awarded for all sorts of desirable
    characteristics
  • Points given for membership in certain racial
    minorities
  • Law School
  • Mushy admissions
  • Race may or may not count, no idea of how much

10
The Michigan Cases
  • Amicus briefs supporting the Michigan policies
  • 65 American businesses
  • 3M, Microsoft, Lockheed Martin, Eli Lilly,
    Coca-Cola, etc.
  • Officers and civilian leaders of the U.S.
    military
  • Wesley Clark, Norman Schwarzkopf, Anthony Zinni

11
What the Court Said
  • Compelling Interest
  • Diversity in education is a compelling interest
  • Narrowly Tailored Means
  • Mechanical treatment of race is not acceptable
  • Law schools individualized analysis is o.k.
  • Undergrads point system is not o.k.
  • Similarly, straight quotas and set-aside programs
    are not o.k.
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