PRE-CIVIL RIGHTS MOVEMENT

REVIEW Define civil rights Where do civil rights originate? In a democracy, what is the most important civil right? Define citizenship Who is a citizen? Who determines citizenship?

BASIS OF HUMAN RIGHTS: 1776 Thomas Jefferson wrote: Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are life, Liberty and the pursuit of Happiness.” What are “inalienable rights” ? Who has them?

BASIS OF CIVIL RIGHTS: 1791: Bill of Rights First 10 amendments to the Constitution personal liberties of citizens 1 st speech, press, petition, assembly, religion 4 th freedom from illegal search / seizure = there must be a search warrant and probable cause 5 th rights of accused person – right to indictment, no self incrimination, double jeopardy (no two trials), due process, right to property 6 th speedy / public trial 7 th trial by jury 8 th no excessive bail & no cruel / unusual punishment Did this grant African Americans political, economic, educational, or social equality ?

EXPANSION OF CIVIL RIGHTS: AMENDMENTS 13 & 14

13 TH AMENDMENT 1865 abolished slavery Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

FOURTEENTH AMENDMENT 1868 All people born in the U.S. are citizens Promised “due process” and “equal protection of the law” by the states

CHANGING VOTING RIGHTS Read pages 104 – 105 Late 1700s: male property owners; usually over 21. Very few allow women or blacks. Post-Civil War 1800s: 15 th Amendment

FIFTEENTH AMENDMENT 1870 grants voting rights regardless of race (technically to males only) “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude”

VOTING RESTRICTIONS Literacy test Grandfather clause Poll tax

REMOVING RESTRICTIONS 24 th Amendment= 1964 No poll tax Voting Rights Act of 1965 No literacy test

CHANGING VOTING RIGHTS 1920: 19 th Amend – women can vote 1924: Native Americans are citizens w/ right to vote 1971: 26 th Amendment – anyone 18 and older

RESPONSE TO EXPANDING CIVIL RIGHTS

CIVIL RIGHTS ACT OF 1875 Said everyone, regardless of race, was entitled to the same treatment in "public accommodations” Declared unconstitutional by Supreme Court in 1883 They said the 14 th Amendment only guaranteed equal treatment by the state not by other people

PLESSY V. FERGUSON (1896) 1890 Louisiana: law required separate cars for Blacks and Whites on railroads. Homer Plessy, who was 1/8 black, was arrested for sitting in the “whites only” car The Supreme Court upheld the law established the doctrine of “separate but equal” also known as Jim Crow Laws Impact: Many states in the South pass Jim Crow laws Facilities for blacks were inferior to those for whites

NORTHERN SEGREGATION—DE FACTO De facto segregation exists by practice or custom; problem in North Housing Jobs Social customs De jure segregation is segregation required by law