Chapter 5 - Civil Rights Learning objectives

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Chapter 5 - Civil Rights Learning objectives

• Define equality, and review differences between
  Civil Rights vs. Civil Liberties.
• Trace the historic struggle of African Americans
  for racial equality and civil rights.
• Discuss post-reconstruction racial restrictions
  and state enforced segregation.
• Examine Equal Protection, and the role of the
  NAACP and Brown v. Board of Ed.
• Examine the Civil Rights Act of 1964 and the
  Voting Rights Act of 1965.
• Discuss the struggle of Asian Hispanic
  Americans, their growing political clot.
• Discuss historic discrimination against American
  Indians and other minorities.
• Examine the struggle of women for Equal
  Protection under the 14th Amendment.
• Discuss gender equality and the ERA economics,
  Title IX, and the glass ceiling.
• Discuss rights of disabled Americans, and assess
  the effect of the ADA of 1990.
• Discuss the conflict surrounding Gay Rights and
  Dont Ask, Dont Tell policy.
• Examine the Supreme Courts role in protecting
  civil rights and contrast its various tests to
  ensure them rational scrutiny, strict scrutiny,
  intermediate scrutiny.
• Assess efforts to balance the conflict between
  equal opportunity and equal outcome.
• Discuss the pros and cons and constitutionality
  of affirmative action, and its impact.
• Summarize the Constitutional Amendments and major
  guarantees of Civil Rights.

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Civil Liberties versus Civil Rights

• Civil Liberties gt Bill of Rights gt
• Individuals protection of his/her freedoms
• Limits prohibition (-) against Gov. actions
• Civil Rights gt 14th Amendment gt
• Equal protection under the law
• Gov. actions () to guarantee equality before law
• What kind of equality is guarantied?
• What are the different types of equality?

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Equalitys different interpretationsEqual
treatment to all for

• Equality before the law?
• Political equality?
• Equality of opportunity?
• Equality of results?
• Conflict over constitutional interpretationgt
• What how much Government should protect
• How to protect balance the rights of everyone
• Societys Liberties vs. Minorities Civil Rights

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Civil Rights applied to who?
The term civil rights includes the equality of
rights for the following minorities in varying
degrees
ETHNICITY
RACE
Gender
RELIGION
SEXUAL ORIENTATION
Civil Rights came about as a result of what
contentious peculiar institution in
Americas history?
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Slavery in AmericaA Timeline 1619-1857
Key events in the history of slavery
1619 First slaves arrive
1787 The 3/5th rule
Despite import ban the slave trade continued
1808 Importing slaves made illegal
When did this start to change what are the
sources of Civil Rights?
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Sources of Civil Rights
14th Amendment
Court Decisions
State Legislatures
US Congress
Civil Rights
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The Struggle for Civil RightsA Timeline of Key
Events (1857-1875)
Congress moves to establish Civil Rights
1866 to 1877 Congress passes Civil Rights Laws
plus 14th 15th Amendments
1857 Impact of Dred Scott
1865 13th Amendment ratified
1865 Reconstruction begins The Souths
Response gt The Black Codes
1863 Emancipation Proclamation
Examine these event in greater detailgt
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Dred Scott vs. 13th Amendment
1857- African Americans not citizens so they are
not entitled to civil liberties
Dred Scott
1865- Slavery was made illegal
13th Amendment
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Black Codes vs. 14th Amendment
Laws that prevented African-Americans from buying
property, signing contracts, and serving on juries
Black Codes
Granted citizenship to all persons born or
naturalized in the United States- Equal
Protection Due Process
14th Amendment
15th Amendment
Gave African-American men the right to vote
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The Struggle for Civil RightsTimeline 1876-1909
Court rules against Civil Rights Laws
1876 US v. Cruikshank US v. Reese
1896 Plessy v. Ferguson
1873 Supreme Court Ruling virtually nullifies
14th Amendment
1909 Civil Rights advocates response NAACP
Compromise of 1877gt Reconstruction ends Jim
Crow Laws begin
1865 Ku Klux Klan formed- (Revived 1915)
Role of the Supreme Court?
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Court overturns Civil Rights Laws
1876 Laws against individual violations of Civil
Rights Unconstitutional
US v. Cruikshank
1876 No guarantee to all of Right to Vote
US v. Reese
1896 Separate but Equal Standard
Plessy v. Ferguson

• U

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Getting around Civil RightsJim Crow Laws
Significance of Jim Crow Laws? - Officially
sanctioned what?
segregation
What kind of segregation does Jim Crow it
sanction?
De Jure Segregation
Laws that discriminated against African
Americans, usually by enforcing segregation.
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The Struggle for Civil RightsTimeline 1915-1948
Court Reverses its negative Direction on Civil
Rights
1915 Guinn v. US
1948 Trumans Executive Order gt desegregates the
Armed Forces
1938 Missouri referred to in Gaines v. Canada
1917 Buchanan v. Warley
1944 Smith v. Allwright
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Supreme Court Moves Civil Rights Forward Once
Again (1915-1917)
1915- The court ruled the so-called grandfather
clauses were unconstitutional
Guinn v. U.S.
1917-The court ruled that preventing
African-Americans from buying homes in white
neighbors was unconstitutional
Buchanan v. Warley
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Further Advances in Civil Rights
1938- The court ruled that Missouri had to
establish truly equal facilities
Gaines v. Canada
1944- The court ruled that white only primary
elections were unconstitutional
Smith v. Allwright
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Major Turning Point in Civil RightsWhat major
Court ruling changed the course for Civil Rights?
Brown v. Board of Education I

• 1954Supreme Court ruled that separate was not
  equal and that public schools must be
  desegregated.

Role played by Thurgood Marshall?

• Chief Justice Earl Warren Separate educational
  facilities are inherently unequal. gt impact?

Supreme Court reverses Plessy v. Ferguson gt The
legal end of De Jure Segregation
Was that the end of segregation?
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Brown v. Board of Education II

• States- especially in South, resisted
• Result Court orders All deliberate speed?
• Souths reaction gt massive resistance
• What was the Federal Governments response?
• Federal Governments Response
• 1957 Little Rock High School
• Ike National Guard
• 1962 University of Mississippi
• JFK 82nd Airborne
• 1963 University of Alabama
• JFK forces Governor Wallace to back down
• It would take 15 yrs from Brown I to de-segregate

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The Civil Rights Movement

• Strategy Non-violent protest of segregated
  society
• Movements tactic Civil disobedience gt
• Greensboro Lunch counter sit-in (1960)
• CORE Freedom Rides summer of 1961gt
• Escalating violence
• MLK Birmingham protest march gt violence
• Voter registration drives in South gt violence
• Tactics serving strategy Non-violent protesters
  attacked by police dogs on national TV
• Nations reaction gt impact on Congress?

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Congressional Response

• Civil Rights Acts (1957-1960) gt
• short of the mark
• JFKs assassination gt impact on Congress?
• Guilt and momentum LBJs support gt
• Civil Rights Act of 1964 (EEOC)
• Voting Rights Act of 1965 (significance?)
• Voting Rights Acts (follow-up expansion) of
  1968,1974,1991

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The Continuing Fight Against Discrimination

• De facto segregation versus de jure segregation?
• School integration trends by composition (Figure
  5-2)

Any improved opportunity? Political gains?
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Discrimination Against Ethnic Minorities Groups

• Asian Americans past de jure discrimination
  laws
• California discrimination laws of 1850s
• Exclusion Act of 1882 1892 (Anti-Chinese)
• Gentlemens Agreement Between TR Japan
• California laws barring land ownership by Asians
• WWII Internment Camps- upheld by Supreme
  Court-1944
• Educational economic success in spite of above
• Growing political influence evident

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Hispanic Americans

• Now largest American minority (13)
• California Texas de jure discrimination laws
• Long history of past discrimination
• Bilingual education debate
• (Spanish or English?)
• Immigration Acts Reformsgt
• continuing concern
• Job discrimination by employers at risk
• Laws against hiring illegal aliens
• Economic demand for labor

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American Indians

• Population decline (70 million gt 210K gt 2.2
  million)
• (Pre-Columbus gt following European Colonization
  gt today)
• Brutal history of past discrimination
  repression
• Trail of Tears regular relocation
• Treaty violations to take Indian lands
• Indian Wars (1864 1890)
• Battle of Wounded Knee (1890)- massacre of
  prisoners
• Supreme Court decision of 1884 gt
• Indians not citizens
• American Indian Movement (AIM)
• Alcatraz Island occupation (Treaty entitlement)
• Wounded Knee Hostage crisis (1973) gt violence
  death
• Gradual improvement with time?

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Gradual improvements

• Indian Citizenship Act of 1924
• Indian Civil Rights Act of 1968 (applied Bill of
  Rights)
• Supreme Court rulings favor Indian claims
  recently
• 17.1 M interest for claims against Federal
  Gov.
• Special hunting fishing rights upheld
• Special status for gambling for California tribe
• Congress Indian Gaming Regulatory Act (States)
• If state allows gamblinggt must give Indians same
  rights

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Other Minorities- Arab Americans

• Civil Rights Act of 1866 gt
• applied to all ethnic minorities
• Protects against wide rage of discrimination gt
• Any ethnic group discriminated against can now
  sue
• Unknown factor 9/11 Patriot Act (TBD)

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Discrimination Against Women

• 19th Century paternalistic attitude of men
• Supreme Court Decisions reflected above
• Dominate attitude comply with law of the
  Creator.
• Prevailing middle class attitude (Industrial
  Revolution)
• Campaigning for the Right to Vote
• Womens movement Seneca Falls Declaration
• Cady Stanton Lucretia Motts roles
• Declaration of Sentiments (quoted in Text)
• Supported Abolition later suffrage for Af.
  Americans
• Aim Gain own suffrage in the process
• Suffrage campaign for women gt
• Struggle for right to vote (1860 -1920)
• Finally culminating in what Amendment?

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Womens Fight for Equal Rights on Capitol Hill

• The Feminine Mystique by Betty Friedan gt
• Movement reemerges during 1960s gt
• Women questioned societys established roles for
  women
• Civil rights movement provides strategy tactics
• NOW gt Equal Pay Act of 1963 (with mixed results)
• Equivalent vs. comparable jobs debate (pay still
  falls short of mens)
• Congress enacts key legislation against
  discrimination
• Civil Rights Act of 1964 gt unintended (poison
  pill) results
• Title IX of Higher Education Act of 1972 gt
  impact?
• Other Legislation advancing womens rights
• Equal Opportunity Credit Act of 1974- loans in
  own name
• 1978 Congress prohibited job discrimination
  for pregnancy
• Family Medical Leave Act (1993) (Clintons
  support)
• Violence Against Women Act (1994) anti-domestic
  violence
• Congress strengthened above act in 2000 over
  Court action
• ERA Amendment falls short of ratification (Figure
  5-3)

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Fight for Equal Rights in the Courts

• 1971 gt Supreme Court finally acts Idaho law-
  on wills
• Subsequent rulings prohibit sex discrimination at
  work
• Newspaper ads- no more separate categories
• Prospective employer discrimination against
  mothers banned
• No Mandatory maternity leave
• No excessive pension contribution
• No State (military) all-male colleges (VMI
  Citadel-1996)
• Also applied anti-discrimination laws to men
• Drinking age (18 vs. 21) in Oklahoma (1976)-
  unconstitutional
• Alabama law barring mens alimony suits
  overturned
• Exceptions draft registration widow tax
  exemptions
• Certain hiring promotion decisions may be
  acceptable
• Intermediate scrutiny criterion (to be discussed
  later)

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Continuing Struggle Against Sex Discrimination

• Important gains made in Government
  Business/Corps
• Congress, executive branch, military, Supreme
  Court
• Corporate executives women owned businesses up
• Still gt women (51 population) gt still in
  minority
• Representation at CEO level of major
  corporations?
• Why? gt glass ceiling?
• Need larger middle executive base to draw on
• Debate disagreement rages among women
  themselves
• Activists v. other women disagree over goals
  strategy

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Extending Civil Rights

• People with Disabilities
• Americans with Disabilities Act of 1990
• Balance between benefit versus costs to
  businesses
• People with Age Claims
• Age Discrimination Act of 1975
• Exceptions (discussed later) application to
  states (TBD)
• Gays and Lesbians
• Clinton support for gay rights was rebuffed by
  Congress
• Gays in Military policy strongly resisted by
  military professionals
• Compromise policy result gt Dont Ask, Dont
  Tell
• Continued with George W. Bush Administration
• Gay Marriage and/or Civil Union issue
• Entire issue highly controversial hotly debated

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Assignment for Next Class

• Remaining Civil Rights Learning Objectives (LOs)
• Examine the Supreme Courts role in protecting
  civil rights and contrast its various tests to
  ensure them rational scrutiny, strict scrutiny,
  intermediate scrutiny.
• Assess efforts to balance the conflict between
  equal opportunity and equal outcome.
• Discuss the pros and cons and constitutionality
  of affirmative action, and its impact.
• Summarize the Constitutional Amendments and major
  guarantees of Civil Rights.
• Select your Research Paper (RP) Question
• RP Guidance presented
• Class delay (Luncheon Learn)

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Chapter 5b Civil Rights Learning objectives

• Know and understand Key Terms (in bold) in
  context with learning objectives below
• Examine the Supreme Courts role in protecting
  civil rights and contrast its various tests to
  ensure them rational scrutiny, strict scrutiny,
  intermediate scrutiny.
• Assess efforts to balance the conflict between
• equal opportunity and equal outcome.
• Discuss the pros and cons and constitutionality
  of affirmative action, and its impact.
• Summarize the Constitutional Amendments and major
  guarantees of Civil Rights.

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The Burden of Proof- Tests

• Rational scrutiny
• Reasonable consistent criteria (examples?)
• Drivers Licenses, drinking age, commercial pilot
  retirement age
• Intermediate scrutiny
• Serve important gov. interests, and
• Directly related to achieving important
  objectives
• Special Forces, SEALs, Rangers other Combat
  units
• (War in Iraqs potential impact on this policy?)
• Skeptical scrutiny? (Applied by Ginsburg for
  VMI-1996)
• More stringent test for gender cases? (TBD)
• Strict scrutiny
• Compelling government reason for discrimination
• What kind of discrimination?
• Which of above Tests has highest burden of proof?

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Affirmative Action

• Equal Opportunity or Equal Outcomes?
• Constant struggle to find the right balance
• Title IX its impact on male gym wresting
  teams
• University criteria for acceptance of new
  students
• Diversity goals, race factor considerations
  quotas
• What does heavy reliance on equality of outcome
  risk?
• Reverse Discrimination-
• Bakke v. UC Davis Supreme Court decisiongt
• Race may be a factor in selection process
• But not the only factor
• Recent Supreme Court case against U. of Michigan
• Selection and admission criteria had to be
  revised
• quotas based on point system was unacceptable
  to court

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The Constant Struggle of Civil Rights
The Bottom Line

• Majoritys Civil Liberties vs. Minorities
  Civil Rights

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KEY TERMS Civil Rights

• Affirmative action Programs designed to take
  positive actions to increase the number of women
  and minorities in jobs and educational programs.
• Americans with Disabilities Act of 1990 An act
  of Congress that seeks to minimize job
  discrimination, to maximize access to government
  programs, and ensure access to public
  accommodations for people with disabilities.
• Brown v. Board of Education The landmark 1954
  Supreme Court decision holding that separate was
  not equal and that public schools must be
  desegregated.
• Brown v. Board of Education II The 1955 Supreme
  Court decision that stated that the nations
  entrenched system of segregated schools should
  desegregate with all deliberate speed.
• Civil disobedience Nonviolent refusal to obey
  laws perceived to be unjust.
• Civil rights The equality of rights for all
  people regardless of race, sex, ethnicity,
  religion, and sexual orientation. Civil rights
  are rooted in the courts interpretation of the
  Fourteenth Amendment and in laws that Congress
  and the state legislature pass.
• Civil Rights Act of 1964 An act of Congress that
  outlaws racial segregation in public
  accommodations and employment and prevents tax
  dollars from going to organizations that
  discriminate on the basis of race, color, or
  national origin.
• Civil rights movement The mobilization of people
  to push for racial equality.
• De facto segregation Segregation that results
  from the actions of individuals rather than the
  government.
• De jure segregation Government-imposed laws that
  required African Americans to live and work
  separately from white Americans.
• Equal Pay Act of 1963 An act of Congress that
  banned wage discrimination to people based on
  sex, race, religion, or national origin.

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Key Terms (continued)

• Intermediate scrutiny A legal standard for
  judging whether a discriminatory law is
  unconstitutional. Intermediate scrutiny lies
  somewhere between the rational and strict
  scrutiny standards. It requires the government to
  show that a discriminatory law serves important
  governmental interests and is substantially
  related to the achievement of those objectives,
  or a group to show that the law does not meet
  those two standards.
• Jim Crow laws Laws that discriminated against
  African Americans, usually by enforcing
  segregation.
• Lynching The unlawful killing, usually by
  hanging, of a person by a mob.
• Massive resistance The policy many southern
  states followed in the wake of the first Brown
  decision of fiercely resisting desegregation.
• Rational scrutiny A legal standard for judging
  whether a discriminatory law is unconstitutional.
  Rational scrutiny requires the government only to
  show that a law is reasonable and not arbitrary.
• Reverse discrimination Laws and policies that
  discriminate against whites, especially white
  males.
• Separate-but-equal standard The now-rejected
  Supreme Court doctrine that separation of the
  races was acceptable so long as each race was
  treated equally.
• Strict scrutiny A legal standard for judging
  whether a discriminatory law is unconstitutional.
  Strict scrutiny requires the government to show a
  compelling reason for a discriminatory law.
• Suffrage The right to vote.
• Voting Rights Act of 1965 An act of Congress
  which bars states from creating voting and
  registration practices that discriminate against
  African Americans and other minorities.
• Womens movement The mobilization of people to
  push for equality between the sexes.

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Next Week Chapt 6, Quiz Test 1

• Chapter 6 Public Opinion
• Quiz 1 Key Terms Chapters 1-5
• Scantron 50/50 (green side) with 2 pencil
• Administered next Monday!
• Test 1 Key Terms Chapters 1-5
• Scantron 50/50 (green side) with 2 pencil
• Administered next Wednesday
• Work on your own on Research Papers after
  completion

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Bill of Rights Summary
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Civil Rights Summary