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Chapter 5 Beyond Equal Protection and Civil Rights: Equal Protection


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Title: Chapter 5 Beyond Equal Protection and Civil Rights: Equal Protection

Chapter 5 Beyond Equal Protection and Civil
Rights Equal Protection
  • Juliet Alfaro
  • With material from American Government and
    Politics Today, Texas Edition by Schmidt,
    Shelley, Bardes.

Introduction to Civil Rights
  • All Men are created equal was set forth in the
    Declaration of Independence but.
  • Majority of people had few rights
  • Slaves excluded from political process
  • Women excluded
  • Native Americans excluded
  • African Americans (some were free) excluded
  • Non-landowning white males

Equality is the heart of civil rights
  • All rights rooted in the Fourteenth Amendments
    guarantee of equal protection under the law.
  • what the government must do to ensure equal
  • what the government must do to ensure freedom
    from discrimination
  • Civil liberties are limitations are limitations
    on government. (what government cannot do.)

This discussion includes..
  • The story of groups to be free from
    discrimination, specifically
  • The movement in the 50s and 60s
  • The womens movement, 1850 to present
  • These movements resulted in significant
    legislation such as the right to vote and the
    right to equal protection under the laws.

Frederick Douglas and Abraham Lincoln
  • Liberty and slavery-opposite as Heaven and
    Hell-are both in the constitution.
  • All men are created equal except.

African-Americans and the Consequences of Slavery
in the U.S.
  • Before 1863, the constitution protected slavery
  • The Dred Scott v. Sanford (1857) upheld the
    constitutionality of slavery by ruling hat slaves
    were not citizens of the U.S. and were not
    entitled to the rights of citizenship.
  • The Missouri Compromise which banned slavery
    north of southern border of Missouri was ruled

African-Americans and the Consequences of Slavery
in the U.S.
Did the Dred Scott case have negative
consequences? Most scholars believe that Dred Sco
tt added to the spark of the Civil War.
Constitutional Inequality ended with.
  • President Lincolns Emancipation Proclamation
    ended slavery in 1863.
  • The passage of the
  • 13th Amendment
  • 14th Amendment
  • 15th Amendment

The Civil War Amendments
  • Thirteenth Amendment (1865) neither slavery nor
    involuntary servitude shall exist in the United
  • Fourteenth Amendment (1868) all persons born or
    naturalized in the United State are citizens

The Civil War Amendments (cont.)
  • states cannot abridge the privileges or
    immunities of citizens
  • all persons (whether or not they are citizens)
    are entitled to due process
  • all persons are entitled to equal protection
  • Fifteenth Amendment (1870) the right to vote
    shall not be denied because of race, color or
    previous condition of servitude

Civil Rights Acts of 1865 to 1875 were aimed to
enforce the amendments.
  • Passed by Republican Controlled Congress to
    protect violations by the states.
  • The Civil Rights Act (CRA) of 1866
  • extended citizenship to anyone born in the United
  • gave African Americans full equality before the
  • authorized the president to enforce the act
    through use of force
  • The Enforcement Act of 1870
  • set out specific penalties for interfering with
    the right to vote given by the 15th amendment and
    the CRA of 1866.

Civil Rights Acts of 1865 to 1875 (cont.)
  • The Anti-Ku Klux Klan Act or the Civil Rights Act
    of 1872.
  • made it a federal crime to deprive an individual
    of his or her rights secured by federal laws and
    the constitution using law and customs
  • The Second Civil Rights Act (1875)
  • everyone is entitled to equal enjoyment of public
    accommodation and places of public amusement
  • imposed penalties for violators

The Ineffectiveness of the Civil Rights
  • The Civil Rights Cases and Plessy v. Ferguson
    (1896)nullified the Civil Right Acts or
    Reconstruction Statutes.
  • Other barriers imposed on the minority prevented
    universal suffrage.

The Civil Rights Act of 1875 were nullified
(rendered void) through
  • The Civil Rights Cases (1883)
  • the Supreme Court rules that the 14th amendment
    only prevents official discriminatory acts by
    states, not by private individuals
  • Individual invasion of individual rights is not
    the subject matter of the Amendment
  • Most Americans supported this decision (sad
    commentary on Americans of that era)
  • 20 years later, the majority forgot the
    amendments and CRA laws, and the proslavery
    secessionists gained power in the south.

The Civil Rights Act were nullified (rendered
void) (cont.)
  • Plessy v. Ferguson (1896)
  • -was the most significant.
  • stated that segregation did not violate the 14th
  • established the separate-but-equal doctrine
  • paved the way constitutionally for a system of
    racial segregation developed, especially in the

Jim Crow Laws
Voting BarriersThe ability
of African-Americans to vote was greatly
restricted when reconstruction federal troops
that occupied the south were withdrawn in
1877.The states gained control and used a
number of laws to restrict voting.An effective
barrier was to claim that political parties were
private entities..This allowed the Democratic
party to keep minorities from voting in their
primaries - the white primary..
Barriers to voting by African Americans
  • the white primary a state primary election in
    which only whites may vote
  • allowed because Southern politicians claimed
    political parties were private entities
  • was outlawed by the Supreme Court in 1944 (Smith
    v. Allwright)

Barriers to voting by African Americans (cont.)
  • grandfather clause restricting voting to
    individuals who could prove that their
    grandfathers had voter prior to 1867
  • was used to exempt whites from poll taxes
  • was used to exempt whites from literacy tests
  • poll taxes required the payment of a fee to

Barriers to voting by African Americans (cont.)
  • intended to disenfranchise poor African
  • was outlawed in national elections by the 24th
    amendment in1964
  • was outlawed in all elections by the Supreme
    Court in 1966
  • literacy tests -- required potential voters to
    read, recite or interpret complicated texts
  • intended to disenfranchise African Americans

Extralegal Methods
  • Especially in the south, minorities were made to
    feel second-class through social custom.
  • Familiarity of a white woman by a minority man
    or boy was a serious offense - lynching was
    used to punish the accused.
  • Outside the south race riots (job competition)
    were sparked by the majority especially during
    labor shortages during WWII, 1939-1945.

The end of the separate-but-equal doctrine.
  • A series of lawsuits launched the legal attack on
    the separate-but-equal doctrine.
  • The lawsuits sought to admit the minority to
    state professional schoolsby the 1950s,
    admitted minorities could not be assigned to
    separate areas of the school including
    cafeterias, libraries and classrooms..

In 1951, Oliver Brown decided his daughter should
got to an all-white school seven blocks away
versus an all non-white school twenty-one blocks
awayThe NAACP accepted the challenge
Brown v. Board (1954)
Brown v. Board of 1954
  • Brown v. Board of Education of Topeka (1954)
    Supreme Court unanimously rules that public
    school segregation violates the 14th amendment.
    Plessy overturned.
  • Then the second case
  • Brown v. Board of Education (1955) orders
    desegregation with all deliberate speed
  • Court ordered busing transporting African
    American children to white schools and white
    children to African American schools

With all Deliberate Speed
  • The Supreme Court declared that district courts
    were needed to enforce school desegregation.
  • the school transportation system, personnel,
    and revision of school districts and attendance
    areas into compact units to achieve a system of
    determining admission to the pubic schools on a
    nonracial basis

Reactions to School Integration
  • In 1957, Arkansas Governor Orval Faubus used the
    national guard to block integration of Central
    High School in Little Rock.
  • President Dwight Eisenhower federalized the
    national guard and sent the Armys 101st Airborne
    Division to ease violence
  • The school was integrated.
  • Then in 1962, James Meredith tried to enroll at
    the University of Mississippi, but the violence
    forced President Kennedy to send 30,000 combat
    troops to restore peace.

Integration and Busing
  • Integration was a difficult task because of
    residential concentrations, and many northern
    school districts created segregated schools by
    drawing arbitrary district lines
  • The residential concentration results in de facto
    segregation and de jure segregation results from
    law or administrative decisions.

Court Ordered Busing
  • Busing seemed to be the obvious solution to de
    facto and de jure segregation, but busing was
    unpopular by many groups.
  • When minorities were bused in Boston to
    blue-collar Irish-Catholic areas, violence broke
  • In the mid-70s, close to 50 of minorities and
    75 of non-minorities were opposed to busing.
  • However, the Supreme Court continued to uphold
    busing plans

The End of Integration?
  • The Supreme Court changed direction on court
    ordered busing in the 1980s and 1990s by not
    supporting race-conscious policies to further
    integration and diversity.
  • In 2001, Belk v. Charlotte Mecklenberg Board of
    Education held that the district had achieved its
    goal of integrationrace based admission quotas
    could not be used.

The Resurgence of Minority Schools
  • De facto segregation has occurred.
  • White flight and high minority birthrates in
    urban areas resulted in .
  • 1 out of 3 minority students goes to school with
    more than 90 minority enrollment.
  • 15 out of 16 minorities (in cities) go to schools
    with almost no whites.
  • The goal today seems to be providing a better
    education, even in segregated schools.

The Civil Rights Movement
  • The Brown decision was a moral victory, but did
    nothing to change segregation, and only applied
    to public schools.
  • Rosa Parks, 43, in 1955 refused to give up her
    seat on a bus, and was fined 10.00.
  • Martin Luther King organized a boycott of a bus
    line in Montgomery, Alabama which lasted one

Then in 1956, a federal district court issued an
injunction prohibiting segregation of Montgomery
Kings philosophy of Non-Violence
  • In 1957, Martin Luther King formed the Southern
    Christian Leadership Conference (SCLC).
  • Advocated nonviolent civil disobedience to
    achieve racial justice.
  • Influenced by Mahatma Ghandi (1869-1948).
  • He employed nonviolent demonstrations, marches
    and public disobedience against the British
    colonial system in India.

NonViolent Demonstrations
  • For the next ten years, many Americans of all
    races participated in sit-ins, freedom rides and
  • Violent resistance meeting with nonviolence
    created support for the civil rights movement.
  • The Woolworth sit-in in Greensboro, North
    Carolina resulted in enraged, trashy customer
  • In six months, hundreds of southern lunch
    counters were serving everyone.
  • These sit-ins worked to integrate busing,
    railroads and terminals.

Marches and Demonstrations
  • In 1963, Birmingham, Alabama, Police Commissioner
    Bull Connor launched an attack on marchers and
    protesters with police dogs and cattle
    was televised King was jailed,
  • The violent response city government helped end
    Jim Crow Laws.
  • Then the Civil Rights Act of 1964 were passed.

  • In 1963, Philip Randolph and Bayard Rustin
    organized the march on Washington for Jobs and
  • King led a quarter million person march in
    Washington D.C. where he gave his I have a Dream

I have a dream that my four little 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..
(No Transcript)
Black Power
  • Black Muslims and separatist African-Americans
    advocated a militant stance and resisted cultural
  • King may not have been as successful without the
    fear that the Black Power leaders instilled by
    supporting fighting back.

Malcolm Little - Malcolm X
  • Black Power leader Malcolm X, assassinated in
    1965, believed that African-Americans fell into
    two groups.
  • Uncle Toms, those accommodating the white
  • New Negroes, those who took pride in their
    color and culture and demanded racial separation
    and power.
  • He created a new identity and symbol.

The Climax of Civil Rights Movement The Second
Reconstruction Period
  • Marches, demonstrations, police-dog attacks,
    cattle prods, beatings, violence and militancy
    promoted a political environment compelled to
    support new civil rights legislation.

Modern Civil Rights Legislation
  • Civil Rights Act of 1964
  • forbade discrimination on the basis of race,
    color, religion, gender and national origin in
  • voter registration
  • public accommodations
  • public schools
  • expanded the power of the Civil Rights
  • withheld funds from programs administered in a
    discriminatory way
  • established the right to equality of opportunity
    in employment (created the EEOC)

Title VII of The CRA of 1964
  • Title VII is the basis of employment
  • It forbids employment discrimination on race,
    color, religion, servitude, gender or national
  • By executive order, employment discrimination was
    banned by firms receiving federal funding.
  • To administer Title VII, the CRA of 1964 created
    the five-member EEOC.
  • The EEOC issues guidelines, investigates, and can
    order subpoenas, hold hearings, examine
    witnesses, and ask for evidence.

Modern Civil Rights Legislation (cont.)
  • Voting Rights Act of 1965
  • outlawed discriminatory voter registration tests
  • authorized federal registration and
    administration of voting where discrimination
    took place
  • resulted in massive voter registration drives of
    African Americans in the South

Modern Civil Rights Legislation-
  • Civil Rights Act of 1968
  • forbade discrimination in housing and imposed
    penalties on individuals attempting to interfere
    with individual rights
  • This led to laws forbidding discriminatory
    mortgage lending practices.
  • Today lenders must report race, gender, income
    and decisions on their loan applications.

Consequences of Civil Rights Legislation
  • By 1980, 55.8 of African Americans of voting age
    in the south are registered.
  • Recent elections indicate that registered voting
    age African-Americans is just slightly less than
    their white counterparts.
  • After a heated congressional debate, President
    Bush signed a 25 year extension of the VRA of
    1965 due to expire in 2007.

Political Participation by African-Americans
  • 8500 elected officials in America
  • Polls show voters do not view race a factor when
    voting for president.
  • In 1958, 38 of respondents and in 2005 92
    respondents said they would vote for an
    African-American presidential candidate.

Participation by other Minorities
  • All minorities benefit form the CRA of 1964
    because of the race, color or national origin
  • Amendments of the VRA of 1965 gives protections
    to Hispanics, Native-Americans, Asian Americans
    and Native Alaskans.
  • Bilingual ballots are required in counties where
    5 or more speak a language other than English.
  • Hispanics are gaining power, and participation
    has increased, but the number of political
    officeholders remains disproportionate compared
    to the overall population.
  • But the influx of immigrants from Mexico will
    likely change the future political climate.
  • In New Mexico, Hawaii, and California,
    collectively, Asian-Americans, African Americans,
    Native Americans and Hispanics are the
    majorityTexas is next by 2015.

Lingering Social and Economic Disparities
  • How do we deal with poverty and violence or
    cross-cultural problems?
  • Should government equalize the economic and
    social disparities?
  • Or should a coalition of government groups,
    business, community based groups, and individuals
    address these issues?
  • Race consciousness continues to divide
    AmericaHas racial equality been achieved?

Womens Struggle for Equal Rights
  • Womens Suffrage Movement
  • was connected to the abolition movement
  • suffragists organized the first womens right
    convention at Seneca Falls, NY in 1848
  • established womens suffrage associations
  • finally won passage of the Nineteenth Amendment
    in 1920

(No Transcript)
Womens Struggle for Equal Rights (cont.)
  • The Modern Womens Movement
  • spurred in by the publication of Betty Friedans
    The Feminine Mystique ( 1963)
  • connected to the Civil Rights Movement of the
  • argued for ratification of the Equal Rights
  • failed to win the necessary states for

(No Transcript)
Womens Struggle for Equal Rights (cont.)
  • has targeted gender discrimination by challenging
    policies and laws in federal courts
  • has advocated and encouraged an increasingly
    prominent role for women in government and

Gender Based Discrimination in the Work Place
  • gender discrimination any practice, policy or
    procedure that denies equality of treatment to an
    individual or group because of gender
  • prohibited by Title VII of the Civil Rights Act
    of 1964
  • applies even to protective policies, policies
    designed to protect women of child-bearing age

Gender Based Discrimination in the Work Place
  • sexual harassment unwanted physical or verbal
    conduct or abuse of a sexual nature that
  • interferes with a recipients job performance
  • OR
  • creates a hostile environment
  • OR
  • carries and implicit or explicit threat of
    adverse employment consequences

Gender Based Discrimination in the Work Place
  • wage discrimination women earn 76 cents for
    every 1.00 earned by men
  • the glass ceiling the phenomenon of women
    holding few of the top positions in professions
    or businesses

Affirmative Action
  • a policy in educational admissions or job hiring
  • gives special consideration or compensatory
    treatment to traditionally disadvantaged groups
  • is an effort to overcome present effects of past

Obstacles to Affirmative Action
  • Regents of the University of California v. Bakke
    (1978) a reverse discrimination case the
    Supreme Court ruled that using race as the sole
    criterion for admission to a university is
  • Adarand Constructors, Inc. v. Pena (1995) -
    Affirmative action programs cannot use quotas for
    unqualified persons

Obstacles to Affirmative Action (cont.)
  • The Supreme Court let the decision stand in
    Hopwood v. State of Texas (1996) a federal
    appellate court ruled that the use of race as a
    means of achieving racial diversity undercuts the
    14th amendment
  • California Proposition 209 ended all
    state-sponsored affirmative action programs in
    the state

Special Protection for Older Americans
  • Population Projections
  • Attempts to Protect Older Americans
  • Age Discrimination in Employment Act of 1967
    prohibits discrimination on the basis of age
    unless age is shown to be a bona fide
    occupational qualification
  • Mandatory Retirement is prohibited in most
    occupation by an amendment to the ADEA (1978)

Elderly Population by Age
Securing Rights for Persons with Disabilities
  • The Americans with Disabilities Act of 1990
  • requires all public buildings and services be
    accessible to persons with disabilities
  • requires employers make reasonable accommodations
    for people with disabilities
  • defines disabilities as physical or mental
    impairments that substantially limit everyday
  • In Bragdon v. Abbott (1998) the Supreme Court
    ruled that an HIV infection falls under the
    protection of the ADA

The Rights and Status of Gay Males and Lesbians
  • in decades past, most states had anti-sodomy
  • most laws now have been repealed
  • the Supreme Court upheld a law in Bowers v.
    Hardwick (1986) that made homosexual conduct
    between two adults a crime

Lawrence and Garner v. Texas
  • One of the major cases in the 2002 Term, Lawrence
    and Garner v. Texas struck down a state law that
    criminalized homosexual sodomy. In reaching its
    decision, the Supreme Court overturned a 1986
    precedent, Bowers v. Hardwick. The argument --
    and the opinion announcement -- are available as
    MP3 downloads under a "some rights reserved"
    Creative Commons license.  Listen! More Featured

The Rights and Status of Gay Males and Lesbians
  • in Romer v. Evans (1986) the Supreme Court ruled
    that a Colorado amendment that invalidated state
    laws protecting homosexuals violated the equal
    protection clause
  • now 11 states and 165 municipalities have laws
    that protect gay men and lesbians from

The Gay Community and Politics
  • Gay Men and Lesbians in the Military
  • 1993 Clinton administration policy was
    characterized as dont ask, dont tell
  • Supreme Court will likely rule on the issue
  • Same-sex marriages
  • the Hawaii Supreme Court ruled that denying
    marriage licenses to gay couples might violate
    the equal protection clause of the state

The Gay Community and Politics (cont.)
  • in a referendum, voters in Hawaii opposed
    allowing same-sex marriages
  • the Vermont legislature has passed a law allowing
    same-sex civil unions
  • Child Custody and Adoption
  • courts now no longer deny custody or visitation
    to persons solely on the basis of sexual

The Rights and Status of Juveniles
  • parents are viewed as protectors of childrens
  • the 26th amendment grants 18 - 21 year olds the
    right to vote
  • most contracts entered into by minors cannot be
  • parents can be held liable for minors negligent

The Rights and Status of Juveniles (cont.)
  • minors are sometimes viewed as incapable of
    criminal intent
  • when minors are tried as adults, they are
    afforded the same protections, but are subject to
    adult penalties (including the death penalty)