I have a dream

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I have a dream
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Chapter 21 Civil Rights
I have a dream that one day this nation will rise
up and live out the true meaning of its creed
"We hold these truths to be self-evident that
all men are created equal." I have a dream that
one day on the red hills of Georgia the sons of
former slaves and the sons of former slave owners
will be able to sit down together at a table of
brotherhood. I have a dream that one day even the
state of Mississippi, a desert state, sweltering
with the heat of injustice and oppression, will
be transformed into an oasis of freedom and
justice. I have a dream that my four children
will one day live in a nation where they will not
be judged by the color of their skin but by the
content of their character. I have a dream today.
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What does the Declaration of Independence and the
Constitution say about Civil Rights???

• Declaration of Independence---We hold these
  truths to be self evident that all men are
  created equal
• Preamble to the Constitution---We the people of
  the United States in order to form a more perfect
  union, establish justice, insure domestic
  tranquility, provide for the common defense,
  promote the general welfare, and secure the
  blessings of liberty to ourselves and our
  posterity

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How do you define justice and equality?

• Do you believe that justice is being guaranteed
  equality of opportunity or do you believe that
  justice is being guaranteed equality of outcome?
• If you believe in only equality of opportunity,
  are you willing to accept that there will be
  economic inequality? What responsibilities if
  any, should government have when economic
  inequalities occur?
• If you believe in equality of outcome, what
  actions of government would be necessary to
  guarantee economic equality? What effect would
  these actions have on our economy and our
  incentive to work hard?

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What was the purpose of the Bill of Rights?

• The original purpose of the Bill of Rights (first
  10 Amendments) was to prevent the national
  government from abusing the liberty of
  individuals.
• In 1868 Congress and the states passed the 14th
  Amendment prohibiting the states from denying
  people the rights mentioned in the Bill of
  Rights.

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Constitutional Amendments and Civil Rights

• 5th Amendment---No person shall be deprived of
  life, liberty, or property without due process of
  law.
• 13th Amendment---abolishes slavery
• 14th Amendment---No state shall deprive any
  person of life, liberty, or property without due
  process of law nor deny any person within its
  jurisdiction the equal protection of the laws.

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Constitution continued

• 15th Amendment---The right to vote shall not be
  denied on account of race, color, or previous
  condition of servitude.
• 19th Amendment---Women given the right to vote
• 24th Amendment---outlawed poll tax
• 26th Amendment---18 year olds given right to vote.

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Dr. King Video----17 min.
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Review

• 1. According to Dr. Kings I have a dream
  speech, how does he hope his 4 children will be
  judged?
• 2. What was the original purpose of the Bill of
  Rights?
• 3. What does the Declaration of Independence say
  about Civil Rights?
• 4. What does the Preamble to the Constitution say
  about Civil Rights?
• 5. What importance does each of the following
  amendments have concerning Civil Rights 5th,
  13th
• ,14th, 15th, 19th, 24th, 26th
• 6. Which Amendments are called the Civil War
  Amendments?
• 7. Also study all 10 questions from Dr. King
  Video.
• and 13 questions from Civil Rights Video

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Can government draw distinctions (discriminate)
between persons and groups?

• Yes, government, private businesses and private
  groups must be able to discriminate---and they
  do.
• But discrimination should not take place on the
  basis of race, color, national origin, and
  handicap. These types of discrimination are often
  illegal.
• Examples of discrimination that may be
  legal--convicted felons, smokers, students who
  get higher grades, veterans, people with good
  credit vs. people with bad credit, ---these
  distinctions have been considered reasonable at
  times by the court.
• One of the large issues facing federal, state,
  and local government is can people be legally
  discriminated against based on their sexual
  preference? (gay marriagegays in military)

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Can private groups, clubs, and organizations
discriminate on the basis of race, gender, or
national origin?

• Yes---as long as they are truly private and not
  open to the public in any way.
• Example all white country clubs (rare these
  days), all male country clubs (Augusta
  National)----
• The courts do allow all male or all female
  private schools to be open to the public but with
  gender restrictions (Hollins, Hampden Sydney).

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Can State Schools discriminate on the basis of
gender?

• VMI----Supreme Court rules that VMI can not be an
  all male institution since it is partially funded
  by tax payer dollars.

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History of Civil Rights in America

• It took a civil war to end more than 200 year of
  slavery. Slavery was abolished by the 13th
  Amendment in 1865. The 14TH and 15th Amendments
  were passed soon after to make sure that the
  newly freed slaves were given their
  Constitutional Rights
• After the 1876 election, the southern states were
  left to govern themselves without interference
  from the national government. Most southern
  states began to pass black codes or Jim Crow
  laws soon after.

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Did you know?

• That in 1860 no slave or free African American
  could be seen on the streets of Salem at night,
  nor could they gather in groups. Penalty--lashing

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History

• Prior to the Civil War and the 13th Amendment the
  Supreme Court ruled that a slave was not a
  citizen therefore had no right to sue his master
  for freedom in federal court (Dred Scott v.
  Sanford 1857).
• After the Civil War and Reconstruction, states,
  especially southern states, began to pass racial
  segregation laws. These laws became known as Jim
  Crow laws.

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Plessy v. Ferguson 1896

• The Constitutionality of Jim Crow laws was
  challenged in Plessy v. Ferguson.
• The Supreme Court ruled that separate but equal
  facilities were not a denial of equal protection
  under the law.
• The result segregated schools, parks, buses,
  railroad cars, water fountains, bathrooms,
  restaurants, housing, movie theaters, hotels,
  armed services, professional sports

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Brown v. Board of Education 1954

• The state law of Kansas required that Linda Brown
  (7 year old black girl) attend an all black
  school many miles from her house. She lived much
  closer to the white school.
• She sued the Topeka, Kansas board of education.
• The Supreme Court reverses Plessy v. Ferguson and
  rules that separate schools are inherently
  unequal and have no place in public education.

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Brown continued

• In 1955 the Supreme Court says that integration
  of public schools should begin with all
  deliberate speed.
• Most southern states did everything they could to
  not comply, or delay the order from the Supreme
  Court. This would become known as massive
  resistance.
• 1. Little Rock, Arkansas 1957
• 2. Ole Miss and James Meredith 1962
• 3. Virginia closes some public schools.

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Integration in the Roanoke Valley

• Prior to the Brown case both Roanoke City and
  Roanoke County (which Salem was a part of) had
  separate schools for African Americans.
• 1. Roanoke CityAddison (Booker T. Washington
  and Harrison school earlier)
• 2. Roanoke County--- G.W. Carver (1940)
• Roanoke County and City would integrate slowly in
  the mid 60s.
• However, especially in Roanoke City they would go
  out of their way to keep some schools all white
  until 1970-71.

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1969-70 School Year in Roanoke City High Schools

• Jefferson---70 White 30 African American
• William Fleming---80 White 20 African Am.
• Addison---100 African American
• Patrick Henry---100 White
• Addison and Patrick Henry would be integrated the
  next year (1970-71)
• Eventually Jefferson and Addison would be closed
  as high schools and the two remaining schools,
  P.H. and Fleming would be integrated.

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Salem/Roanoke County

• African American community south of Main Street
  becomes known as Water Street Community.
• 1872 first public school for African Americans
  created on northwest corner of Chapman Avenue
  known as School 2.
• 1890 Roanoke County Training School for African
  Americans created.
• 1940 George Washington Carver school built for
  African Americans. (Andrew Lewis was built in
  1934 for White Students only)
• 1962 Federal Court judge orders Roanoke
  County/Salem to integrate.
• 1966 Carver closed and Andrew Lewis was
  integrated.

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Integration of Virginias public universities

• The University of Virginia was not racially
  integrated until 1961. Women were not allowed in
  until 1970.Va. Tech allowed women in
  1921---African Americans in 1953.
• Virginia had developed public universities for
  African Americans. Virginia State, and Virginia
  Union
• VMI was forced to admit women in 1998.

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Review

• 8. On what basis is discrimination usually
  illegal?
• 9. On what basis is discrimination usually legal?
• 10. Can private groups discriminate on the basis
  of race or gender?
• 11. Did Salem have racially discriminatory laws
  in 1860?
• 12. What is the importance of the following court
  cases Dred Scott, Plessy, Brown
• 13. When did Reconstruction occur?
• 14. What were Jim Crow laws?
• 15. What happened in Little Rock, 1957?
• 16.What happened at Ole Miss, 1962?
• 17. What was massive resistance
• 18. How did some Virginia school districts react
  to court ordered integration?

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Review

• 19. In 1940 what school was designated as the
  African American School in Roanoke County?
• 20. Did schools immediately integrate after the
  Brown decision?
• 21. What was the name of the predominantly
  African American community in Salem?
• 22. When did Carver close and Lewis integrate?
• 23. When did UVA integrate? When did UVA allow
  women?
• 24. Why was VMI forced to allow women to attend
  in 1998?

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De facto segregation

• School segregation by law (De Jure segregation)
  was determined to be unconstitutional in Brown v.
  Bd. Of Ed.----The court would be forced to answer
  the questionWhat about De facto segregation?
• De facto segregation -- segregation not because
  of any law but because of living patterns.
  African Americans tended to live in certain areas
  and their schools were almost all African
  American. Whites tended to live in certain areas
  and their schools tended to be all white. Much of
  this had been caused by White Flight to the
  suburbs.
• Should the government force integration of these
  schools? How?

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Swan v. Charlotte-Mecklenberg Board of Ed. 1971

• Supreme Court ruled desegregation plans cannot be
  limited to walk in schools. Busing should be used
  to increase the racial mix in all school
  districts.
• This could be done on a voluntary basis or by
  court order.

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Congress takes action to protect Civil Rights

• Civil Rights Act of 1964
• 1. Forbids the use of federal funds to aid any
  state or local government that practices racial
  segregation.
• 2. No person may denied access to or refused
  service in various public accommodations because
  of race, color, or national origin.
• 3. The United States Justice Department was
  directed to file suit against anyone who violated
  the law.

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Civil Rights movement in Salem

• 1960 Newberry Department Store dinerAfrican
  Americans who chose to ignore the Whites only
  sign were served without incident.
• 1964 Lakeside Amusement Park had a whites only
  policy. A group of African Americans were allowed
  to purchase tickets and enter the amusement park
  without incident.

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Voting Rights Act of 1965

• Abolished literacy test in all states.
• Gave federal government the power to register
  voters (rather than the state) in any district
  where less than 50 of African American adults
  were registered.
• Selma march

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Civil Rights Act of 1968

• Sometimes called the Open Housing Act.
• Forbids anyone to refuse to sell or rent a
  dwelling to any person on grounds of race, color,
  religion, national origin, sex, or disability.
• In 1988 the law was amended to allow the Justice
  Department to bring criminal charges against
  those who violate the law.

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Housing patterns in the Roanoke Valley today

• Botetourt 96 white 4 black
• Roanoke County 94 white 4 black
• Roanoke City 71 white 28 black
• Salem City 93 white 6 black
• Total metro area 85 white
• 14 black
• Roanoke is the most segregated metropolitan area
  in Virginia.

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Landmarks

• Douglas Wilder became the first African American
  Governor in the United States in 1990. Currently
  the Mayor of Richmond.
• Noel C. Taylor became the first African American
  Mayor of Roanoke from 1975 to 1992.
• Thurgood Marshall was the first African American
  Supreme Court Justice. Clarence Thomas is the
  second African American on the Supreme Court.
• Barack Obama from Illinois is the only African
  American currently in the U.S. Senate. (There
  have been 5 African Americans in the U.S.
  Senatethe first two were from Mississippi during
  Reconstruction)OBAMA IS running for President
• There are 40 African American members of the U.
  S. House of Representatives (out of 435). One
  African American Representative is from Virginia.
• ( out of 11)

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Title 9 1972

• No person in U.S. shall, on the basis of sex be
  excluded from participation in, be denied the
  benefits of, or be subject to discrimination
  under any education programs or activity
  receiving federal financial assistance.

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Positive and negative effects of Title 9

• In 1972 only 15 of college athletes were
  women---today 40.
• In 1972 only 8 of high school athletes were
  women---today 40
• In order to increase the number of women athletes
  colleges have had to increase the number of teams
  for women and decrease the number of teams for
  men. (football presents a major problem because
  of the number of men on the team)

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Gender discrimination decisions.

• States can not set different ages at which men
  and women become legal adults.
• States may not exclude women from juries.
• Employers can not require women to take pregnancy
  leave from work.
• Retirement benefits for men and women must be
  equal.
• However, men register for the draft and women do
  not.

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Affirmative Action

• The nations most ambitious attempt to deal with
  its long history of racial and sexual
  discrimination.
• Presumes that white males in American society
  have received and do receive benefits in our
  society that they have not earned (receive them
  just because they are white and male)
• Calls for minorities and women to be given
  special consideration in employment, education,
  and contracting decisions.

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Affirmative Action continued

• Institutions with affirmative action policies
  generally set goals and timetables for increased
  diversity---and use recruitment, set-asides
  (quotas) and preference as ways of achieving
  those goals.

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Affirmative Action Cases

• Bakke 1978---Supreme Court declared quota system
  at University of California medical school
  unconstitutional. However, said that race could
  be one of many factors in determining admission.

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Affirmative Action continued

• University of Michigan has 38,000 students. 13
  are African American, Hispanic, or American
  Indian.
• In determining admission applicants were graded
  on a 150 point scale.
• African Americans and Hispanics would receive 20
  points for their race, which was equal to raising
  their grade point average one full point on 4
  point scale.
• University of Michigan argued in order to create
  racial diversity they needed this program.
• Supreme Court declared the program
  unconstitutional. However, said that this
  decision did not mean that all affirmative action
  programs are unconstitutional.

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Review

• What is the difference between De Jure and De
  Facto segregation?
• Define White FlightHow did it effect De Facto
  segregation of schools?
• What was the importance of the Swann v.
  Mecklenberg Board of Ed case?
• What was the importance of the 1964 Civil Rights
  Act?
• What was the importance of the 1965 Voting Rights
  Act?
• What was the importance of the 1968 Civil Rights
  Act?
• Today, how does the Roanoke Valley compare to
  other metropolitan areas in Virginia when it
  comes to De Facto segregation in housing
  patterns?
• Who was the first African American Governor of a
  U.S. State?
• Who was the first African American Mayor of
  Roanoke?
• Who is the only African American currently in the
  U.S. Senate?
• Who was the first African American Supreme Court
  Justice? Who was second?

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Review

• What does the 1972 Title 9 law require?
• How has Title 9 changed college athletics?
• How has Title 9 changed athletics here at Salem?
• Define Affirmative Action
• What was the importance of the Bakke case 1978?

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Review -court cases/amendments

• Which court case said that segregated schools
  were inherently unequal and had no place in
  public education?
• Established the separate but equal doctrine?
• Said slaves were not citizens and had no right to
  bring a case to court.
• Which amendment abolished slavery?
• Which amendment says that people must be given
  equal protection by states?
• Which amendment gave women the right to vote?
• Which amendment gave 18 year olds right to vote?
• Which amendment says that people can not be
  denied the right to vote because of race, color ,
  or previous condition of servitude?
• Which amendment said that the federal government
  could not deprive people of life, liberty, or
  property without due process of law?
• Which amendment outlawed the use of a poll tax?