1. To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009  Chapter 6 Civil Rights

2. Slavery Before the Civil War  Slave trade banned in 1808.  South remains dependent on slave labor.  In 1820, blacks are 25% of US population  Entrance of Missouri in 1820 sparks crisis over extending  1820 Missouri Compromise line at 36 degrees latitude; above free, below slave  Added Maine to balance Missouri

3. Slavery Before the Civil War

4.  Development of American Anti-Slavery Society in 1833; 250,000 members by 1838  Women meet at Seneca Falls in 1848, call for rights for women, including suffrage and end to discrimination  Publication of Uncle Tom’s Cabin in 1852 depicting evils of slavery; sold 300,000 copies, equal to 4 million today.  Dred Scott decision in 1857 condones slavery; ruled Missouri Compromise was unconstitutional, slaves are not citizens

5. The Aftermath of the Civil War  Thirteenth Amendment abolishes slavery.  Southern states had to ratify 13th to be readmitted  South uses Black Codes to restrict rights.  Prohibited blacks from juries, voting and rights in public places  Congress passes Civil Rights Act of 1866 to invalidate these. Andrew Johnson vetoes, Congress overrides.

6. The Aftermath of the Civil War  Fourteenth Amendment gives equal protection, proposed with Civil Rights Act of 1866  Fourteenth Amendment also grants due process of law.  Women opposed it because it mentioned only males.  Fifteenth Amendment gives blacks right to vote.  Women are still excluded from suffrage.  Abolition groups are split due to lack of support for women’s suffrage.

7. Civil Rights after Reconstruction  Southern defiance leads to 1875 Civil Rights Act.  Grants access to public accommodations.  Courts still uphold discriminatory Jim Crow laws.  These required segregation in many cases.  Supreme Court agrees in Civil Rights Cases (1883).  Court ruled Congress could not force desegregation on private businesses, only in state discrimination.

8. Civil Rights after Reconstruction  South also uses poll taxes to block black voters.  Also enacted property-holding qualifications and use of literacy tests to qualify to vote.  Grandfather clauses added to allow poor whites to vote.  Could vote only if grandfather could vote before Reconstruction.

9. Barriers to the African American Vote Limited opportunities to register to vote Arrest and beatings by police Threats of violence toward voter’s family and home Personal information shared with groups like the KKK and employers Unfair tests at the polls Grandfather Clause Poll Taxes States and individual counties used many different methods to prevent African Americans from voting.

10. Civil Rights after Reconstruction

11. How did Southern states prevent African Americans from exercising their right to vote? When did the number of black legislators reach its peak? Explain the trend. When did the number of black legislators begin to fall? Explain the trend.

12. Black Equality, 1890-1954  Plessy v. Ferguson (1896) upholds segregation.  Places “Separate but Equal” as the law.  Problem was that Separate was never Equal.  NAACP founded in 1909.  Full legal attack on segregation begins in 1930s.  NAACP LDF uses test case litigation to win rights.  Gradual success in law schools and colleges.

13. Black Equality, 1890-1954  Brown v. Board of Education (1954).  Involved 4 cases from around the country.  Importance of the equal protection clause was key.  Showed psychological effects of segregation on children  Earl Warren wrote unanimous opinion in favor of overruling Plessy v. Ferguson

14. The Civil Rights Movement  Segregated schools must be dismantled.  Brown II decision in 1955 said this had to be done “with all deliberate speed.”  Some states try to resist; Arkansas as example.  Little Rock crisis in 1957 was met with federal troops to enforce desegregation despite resistance.

16. Video

17. The Civil Rights Movement  Montgomery, 1955: Rosa Parks challenges segregated buses.  Montgomery marks entry of Martin Luther King.  Formation of SCLC (rallies) follows Montgomery.  1960 in Greensboro sees the first sit in, followed that summer by founding of SNCC.  1961 Freedom Rides bring national attention to SNCC and CORE

18. The Civil Rights Movement  Still no national call from the White House for legislation  1963 brings changes.  April-May: Birmingham marches and violent reactions.  June: Kennedy calls for new Civil Rights Bill  August: March on Washington brings more attention  Martin Luther King’s “I Have a Dream Speech” given at the March on Washington  1964: LBJ signs Civil Rights Act

19. A Time for Justice Video  What did you find most striking about the civil rights movement?  What surprised or confused you about the civil rights movement?  What were the goals of the civil rights movement?  What were the strategies of the movement’s participants?  In what ways did the civil rights movement succeed?  What made those successes possible?  What remains to be done to create a truly just and equitable society?  What questions do you still have about the civil rights movement?

20. The Civil Rights Act of 1964  Outlaws segregation in public facilities.  Bans discrimination in employment, education, voting.  Provides for federal intervention (DOJ).  Creates Equal Employment Opportunity Commission.  Applies to race, color, religion, origin, and sex.  Attempt to eliminate de jure discrimination (by law).  Could do little about de facto discrimination (by practice).

21. The Voting Rights Act of 1965  1964: Mississippi Freedom Summer brings fight over black vote to national attention  1965: Selma marches bring attention to white resistance to the black vote  Law guarantees voting rights, bans poll taxes, and literacy tests  Requires federal approval for changes in districts which could limit minority voting power based on their past

23. Selma: The Bridge to the Ballot  Does voting matter?  Why were black citizens throughout the South ready to risk their lives to secure their right to vote?  Why do so few people today exercise that right?

24. Women’s Equality, 1890-1954  Women first work for wage laws and prohibition (Eighteenth Amendment, 1920)  National Consumers’ League plays key role.  Later, the suffrage movement is the central focus.  Led by National American Woman Suffrage Association.  Achieve success with the Nineteenth Amendment (1920).

25. Women’s Rights Movement  1963: Publication of The Feminine Mystique.  Prompts “second wave” of Women’s Rights Movement.  1966: Formation of National Organization for Women.  ACLU’s efforts to litigate for equal rights.  Congress proposes Equal Rights Amendment in 1972.  Amendment never ratified, hurt by Roe v. Wade in 1973.  Fell 3 states short of ratification.  Now known as Women’s Equality Amendment.

26. Equal Protection Clause  Part of Fourteenth Amendment.  Three different standards of review.Three different standards of review  Most laws subject to rational basis test.  Intermediate standard applied to gender.  Suspect classifications subject to strict scrutiny.  Level of scrutiny is crucial to constitutionality of laws.

27. Table 6.1- Standards of Review  Back Pg 213

28. Equal Protection Clause  Some prohibited practice include:  Single sex nursing schools  Laws for age of adulthood (18F, 21M)  Using challenges to remove different sexes from jury pool  Maintaining all male or all female state schools or Military Colleges  Different citizenship requirements based on which parent is a citizen (Mother or Father)

29. Statutory Remedies  Equal Pay Act of 1963 requires equal pay for equal work.  Even so, on average Women earn 77% of their male counterparts  When controlled for education and jobs, there is a 7% gap  Title VII of the Civil Rights Act of 1964 prohibits discrimination and sexual harassment.  Title IX of Education Amendments of 1972 prohibits educational institutions from discriminating against female students in class choice, harassment, or team sports available.

30. Hispanic Americans  Largest and fastest growing group in the U.S.  Hernandez v. Texas, 1954, strikes down discrimination based on ethnicity and class in a jury.  Cesar Chavez leads activism and rallies in 1960s mimicking the African American Civil Rights Movement. Cesar Chavez  United Farm Workers, National Council of La Raza.  Use of litigation by LULAC and MALDEF.  Voting, education, and immigration are major issues.

31. American Indians  Always had unique status under U.S. law.  History of “Genocide-at-Law,” isolation, and then assimilation with the Dawes Act of 1887, which banned languages and took land.  Did not gain US Citizenship until 1924. Full voting rights until 1965.  Bury my Heart at Wounded Knee published in 1971. Bury my Heart at Wounded Knee  Native American Rights Fund handles litigation.  Major issues are hunting, fishing, and land rights.  Also have had struggles about religious freedom.  Growth of Indian casinos due to unique land status.

32. Asian Pacific Americans  Difficulty finding Pan-Asian identity.  History of restrictions on immigration and employment.  1882 Chinese Exclusion Act to restrict Chinese immigration  California had state laws barring Chinese from many professions  1922 Court decrees Asians not white, not entitled to full citizenship  Internment of 120,000 Japanese Americans in World War II.  Korematsu v. U.S. (1944) upheld internment camps.  Increasing mobilization and efforts to elect leaders.

33. Table 6.2- Asian Pacific Americans  Back

34. Gays and Lesbians  Major gains have been made in recent years.  Lambda Legal, Lesbian Rights Project, GLAD.  “Don’t Ask, Don’t Tell” used in the Armed Services.  Repealed now by Congress.  Obergefell v. Hodges (2015)  Legalized same-sex marriages in all 50 States

35. Americans with Disabilities  1990 Americans with Disabilities Act. 1990 Americans with Disabilities Act.  Requires employers to accommodate the disabled.  Since 1999 Supreme Court has limited this law in scope  American Association of People with Disabilities.  Often work with right to life groups.

36. Affirmative Action  Gives special advantages to disadvantaged groups.  Supreme Court plays major role.  Bakke 1978 decision lays groundwork for 1980s battle.  Quotas not acceptable, some racial preference is okay.  2003 Grutter and Gratz v. Bollinger decisions  narrowed definition of racial preferences on college admissions  Justice O’Connor wrote: “Programs must be flexible enough to ensure each applicant is evaluated as an individual and not in a way that race is a defining feature of his or her application.”

37. LBJ: "You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say you are free to compete with all the others, and still just believe that you have been completely fair." Reagan: “I salute all those who have continued to work for brotherhood, for justice, for racial harmony – for a truly color-blind America where all people are judged by the content of their character, not the color of their skin.”

38. Figure 6.1- Opinion on Affirmative Action  Back

39. Workplace Discrimination  Dukes v Walmart, 2011 where 1.5 million women workers sued Walmart for gender discrimination  Court ruled that it was not universal discrimination by the company  Ledbetter v. Goodyear, 2007 decision sets time limit for pay equity suits.  Response was Lilly Ledbetter Fair Pay Act of 2009.  Concern about hiring illegal immigrants.  Violations of immigrants’ rights after 9/11.