Presentation is loading. Please wait.

Presentation is loading. Please wait.

The Struggle For Democracy

Similar presentations


Presentation on theme: "The Struggle For Democracy"— Presentation transcript:

1 The Struggle For Democracy
Chapter 16 - Civil Rights: The Struggle for Political Equality

2 Civil Rights Refers to the equal treatment by government of all citizens and guarantees that all citizens are able to participate as equals in the practice of democratic life Positive freedoms (remember civil liberties are negative freedoms) Government guarantees of political equality

3 Civil Rights Government guarantees of equality for all people in the U.S. regarding The exercise of political rights Judicial proceedings Treatment by public officials Access to and enjoyment of the benefits of government programs

4 Civil Rights Before the 20th Century
Initially absent in spite of the ringing rhetoric of the Declaration of Independence The word equality does not appear in the Constitution Through the antebellum years, citizens were more concerned with being protected from the government rather than guaranteeing political rights through the government

5 Civil Rights Civil Rights & Democracy
Political equality is one of the three pillars of democracy (What are the other two?) It has not been a high priority for much of our history The advances in civil rights since the end of World War II have enriched American democracy and have forced us to take seriously the promises in both the Declaration of Independence and the Constitution Many areas of American life still remain highly unequal and unrepresentative

6 Civil Rights Political Inequality of African Americans before the Civil War Slavery Discrimination or Jim Crow De jure: sanctioned by law (South) De facto: sanctioned by custom (North) Underpinned by Dred Scott v. Sanford (1857) “The black man has no rights the white man is bound to respect.”

7 Civil Rights Political Inequality of women before the Civil War
No state allowed Women’s suffrage Jury duty Some states did not permit women to Enter into contracts Own property Divorce

8 Civil Rights for Native Americans
There were not any! Annihilation of Indians during colonial times Indian Removal Act of 1830 Trail of Tears Worcester v. Georgia (1838) “John Marshall has made his decision; now let him enforce it.”

9 Civil Rights Before the 20th Century
Civil War (or Reconstruction) Amendments 13th: abolished slavery 14th: defined citizenship Reversed Dred Scott decision Equal protection of the laws to all people Prohibited states from abridging the privileges and immunities of citizens Guaranteed due process 15th: outlawed discrimination in voting based on race, color, or previous condition of servitude`

10 Civil Rights Before the 20th Century
Effectiveness of Civil War Amendments? Supreme Court used the 14th Amendment to protect property rights, not the rights of blacks, women or Indians The Slaughterhouse Cases (1873) decided that the 14th Amendment protected only the rights of citizens of the U.S. Denied citizens equal protection against abuses by the state government

11 Civil Rights Before the 20th Century
Effectiveness of Civil War Amendments? Civil Rights Cases (1883) The Supreme Court ruled that the 14th Amendment did not give Congress the power to prohibit discrimination unless it was practiced by the government Equal protection did not include racial discrimination by private parties

12 Civil Rights Before the 20th Century
Effectiveness of Civil War Amendments? Plessey v. Ferguson (1896) States could require separation of the races as long as equal facilities were provided “separate but equal” laid the foundation for the dual society (U.S. version of apartheid, also known as Jim Crow)

13 Civil Rights Before the 20th Century
Effectiveness of Civil War Amendments? 15th Amendment rendered ineffective by Poll taxes Literacy tests Grandfather clause White primaries Economic and physical intimidation and terror

14

15

16 Civil Rights Before the 20th Century
Effectiveness of Civil War Amendments? Women and the 15th Amendment Began agitating to win the vote after passage of 15th Amendment Abandoned legal challenges after Minor v. Happersett (1874), which said women’s suffrage was not a right inherent in the citizenship guarantee of the 14th Amendment

17 Civil Rights in the 20th & 21st Centuries
The beginning of the end of Jim Crow 1944: the Court declared race a suspect classification that would trigger strict scrutiny Smith v. Allwright (1944): outlawed the white primary Brown v. Board of Education of Topeka (1954): overturned separate but equal in public schools Plessy v. Ferguson (1896)

18 Civil Rights in the 20th & 21st Centuries
States’ response to phases one and two was massive resistance and the Southern Manifesto Little Rock Civil Rights Act of 1957 Created a federal Civil Rights Commission Gave the Justice Department power to initiate lawsuits on behalf of blacks denied suffrage Civil Rights Act of 1960: gave the attorney general the power to use federal officials to investigate voter registration violations

19 Civil Rights in the 20th & 21st Centuries
Civil Rights Movement – four phases Desegregation of public schools Desegregation of public accommodations Voting rights Economic empowerment

20

21 Civil Rights in the 20th and 21st Centuries
Creating segregation De jure: sanctioned by law De facto: matter of custom

22 Major Civil Rights Laws
Civil Rights Act 1957 Civil Rights Act 1964 Voting Rights Act 1965 Age Discrimination in Employment Act 1967 Fair Housing Act 1968 (aka Civil Rights Act of 1968)

23 Major Civil Rights Laws
Title IX, Education Amendment 1972 Rehabilitation Act 1973 Civil Rights Restoration Act 1988 Fair Housing Act Amendments 1988 Americans With Disabilities Act 1991 Civil Rights Act 1991

24 Civil Rights Contemporary Status Two basic issues since the mid-1960s
Ending legal discrimination, separation and exclusion The debate over what actions to take to remedy past wrongs, especially those perpetuated by the American, state and local governments

25 Civil Rights Today’s Legal Standards Main doctrine is very clear
Any use of race in law or government regulation swill trigger strict scrutiny Government can defend its acts under strict scrutiny only if it can produce a compelling governmental interest for which the act in question is a necessary means Few laws survive the above challenge

26 Civil Rights Today’s Standards
The legal protections do not mean that racial discrimination has disappeared from the U.S. One-third of black Americans and one-fifth of Latino and Asian men report experiences of job discrimination

27 Civil Rights Today’s Standards
The legal protections do not mean that racial discrimination has disappeared from the U.S. (con’t) Overwhelming majorities of African Americans, Latinos, and Asians say they have been subject to poor service in retail establishments and have had disparaging remarks directed at them

28 Civil Rights Today’s Standards
The legal protections do not mean that racial discrimination has disappeared from the U.S. (con’t) All racial minorities report bad experiences with racial profiling African Americans and Driving While Black or “DWB” Asians as the “Model Minority” Latinos as illegal immigrant Native Americans and the Tonto syndrome

29 Civil Rights Despite federal legislation and changed public attitudes, economic and social situations of minorities were little improved Prominent leaders became convinced that a broader societal effort was needed to eradicate poverty and discrimination

30 Civil Rights After 1968 Racial progress needed to be helped along by racial preferences in hiring, contracts, and college admissions Richard Nixon and the Philadelphia Plan (1969) Goals, timetables, quotas

31 Civil Rights in the 20th & 21st Centuries
Affirmative Action: encouragement of increased representation of women and minority group members in employment, higher education, etc. The removal of artificial barriers such as race, gender, religion, ethnicity, age Casting a wide net Does not mean quotas

32 Civil Rights in the 20th & 21st Centuries
Key terms regarding Affirmative action Protected class Preferential treatment Reasonably equal Qualified Conspicuous imbalances Reverse discrimination

33 Civil Rights in the 20th & 21st Centuries
Affirmative Action – History President Kennedy’s 1961 Executive Order: Not enough to “act negatively”; i.e., forbid discrimination Affirmative action needed to make equal opportunity available Steps by the Kennedy administration

34 Civil Rights in the 20th & 21st Centuries
Affirmative Action – History Early emphasis was on non-discrimination Titles VI and VIII of the Civil Rights Act of 1964 eliminated discrimination in federally-aided projects and in private employment Shift in early 1970s to “goals and timetables;” progress measured in terms of how many have been hired, admitted, promoted in proportion to their numbers in the general population

35 Civil Rights in the 20th & 21st Centuries
Affirmative Action – Constitutional Questions Violations of Titles VI and VII? Violation of the equal protection clause of the 14th amendment?

36 Civil Rights in the 20th & 21st Centuries
How has the concept changed? Who changed it? Why? 1960s: removal of “artificial barriers” to the employment of women and minorities 1970s: compensatory opportunities for hitherto disadvantaged groups (e.g., Nixon’s Philadelphia Plan) 1980’s: specific efforts to recruit, hire, and promote disadvantaged groups for the purpose of eliminating the present effects of past racism

37 Civil Rights in the 20th & 21st Centuries
Affirmative action Equal employment opportunity: set of procedures and practices that effectively prevent any individual from being adversely excluded from employment opportunities on the basis of race, color, sex, religion, age, or national origin

38 Civil Rights California Board of Regents v. Bakke (1978)
Prohibited the use of racial quotas by university admissions committees, but later permitted the use of race as a factor in hiring or admissions

39 Civil Rights California Board of Regents v. Bakke (1978)
Government and higher education racial preference programs are deeply ingrained, but Aim has shifted from remedies for past discrimination to enhancing diversity

40 Civil Rights Gratz and Hamacher/Grutter v. Regents of the University of Michigan (2003) A shift in thought Any program that uses race to determine who benefits is subject to strict scrutiny In government contracts and hiring, affirmative action is acceptable only if narrowly tailored to rectify past discriminatory actions by that particular agency

41 Civil Rights Gratz and Hamacher/Grutter v. Regents of the University of Michigan (2003) In university admissions Actions to rectify past discriminatory admission by a particular institution are permitted The goal of achieving a diverse student body is a compelling reason for affirmative action

42 Civil Rights Arguments for affirmative action
Important remedy for lingering disadvantages from past discrimination Tolerance and a sense of community requires diversity Provides important role models for disadvantaged groups

43 Civil Rights Arguments against affirmative action
People are individuals, not groups Benefits the already-advantaged within traditionally disadvantaged groups Brings new forms of discrimination; i.e., so-called reverse discrimination Increases racial tension

44 Civil Rights Public Opinion and Affirmative Action Most Americans
Support the diversity goals of affirmative action Oppose racial preferences, and There are wide racial differences on the issue

45 Civil Rights in the 20th & 21st Centuries
Women Warren Court ( ): no significant advances Burger Court ( ): ordinary v. strict scrutiny What would be the difference? Women’s rights and liberties have been more of a subject for the political process than for the courts

46

47

48 Civil Rights in the 20th & 21st Centuries
Sexual harassment Sexual activity as a condition of employment or promotion violates the Civil Rights Act of 1964 Unanimously ruled that workers did not have to prove that offensive actions made them unable to do their jobs or caused psychological harm, only that the environment was hostile or abusive “An intimidating, hostile or offensive working environment” is contrary to the law

49 Civil Rights in the 20th & 21st Centuries
Enlarging the civil rights umbrella Elderly Mandatory retirement has been banned Hiring practices based on age must demonstrate compelling reasons

50 Civil Rights in the 20th and 21st Centuries
Enlarging the civil rights umbrella Disabled Passage of the Americans With Disabilities Act (1990) Prohibits employment discrimination against the disabled Requires reasonable efforts be made to make places of employment and public facilities accessible to them

51

52 Civil Rights in the 20th & 21st Centuries
Enlarging the civil rights umbrella Gays & Lesbians Bowers v. Hardwick (1986): majority opinion stated that there was no constitutional right to homosexuality Romer v. Evans (1996): struck down Colorado’s law that prohibited communities from passing gay antidiscrimination ordinances

53 Ideological Basis of Prejudice & Discrimination
Law Remember that the law in the U.S. is based in part on the Judeo-Christian heritage Law has distinguished between homosexual conduct and homosexuality Lawrence v. State of Texas (2003) Overturned laws criminalizing sexual behavior/practices between gay couples in the privacy of their own homes

54 Discrimination and Sexual Orientation
Lack of marital rights Domestic partnership: a household partnership in which an unmarried couple lives together in a committed, sexually intimate relationship & is granted the same rights & benefits afforded to married couples 1996 Defense of Marriage Act Denies federal recognition of same-sex marriages Allows states to ignore them

55 Discrimination and Sexual Orientation
In response to the Defense of Marriage Act Many states have held referenda on gay marriage Some states have deemed it constitutional, while some have not State-by-state battle Court challenges

56 Chapter 16 – Civil Rights: The Struggle for Political Equality
The End Chapter 16 – Civil Rights: The Struggle for Political Equality


Download ppt "The Struggle For Democracy"

Similar presentations


Ads by Google