Civil Rights Define Explain how it relates to the Civil Rights Story in America Choose a picture that relates to the meaning

Federalism System of government 2 Governments rule the same people National Powers (delegated, expressed or enumerated) are Supreme State Powers (Reserved)

Reserved Powers Powers of the State granted by the 10th amendment Schools Business licenses in the state Drivers license

Equal Protection Clause of the 14th Amendment No State shall make or enforce any law which shall ….deny to any person within its jurisdiction the equal protection of the laws

Supreme Court The Court has the Power of Judicial Review It interprets the meaning of any phrase in the Constitution Strict Interpretation: What it says in black and white Loose Interpretation: Construct meaning based upon historical circumstances

Plessy v. Ferguson One of the first cases ever heard about racial discrimination Plessy (1/8 white 7/8 black) wanted to ride in the “white car” of the train He was kicked off.

Plessy v. Ferguson “Separate but Equal” Ruling The Supreme Court ruled against Plessy. It stated that the requirement for “equal protection under the laws” was not violated by racial distinction as long as the facilities were equal. The object of the 14th amendment was to enforce equality before the law and to provide for political equality not social equality

Jim Crow laws Laws written in states to establish segregation Separate Facilities for Whites and Blacks

Voting 15th Amendment granted suffrage (right to vote )to African American males. The Poll Tax and Literacy Tests were established to prevent blacks from voting Poll Tax – A tax to vote Literacy Test – Test on Civics, History that whites did not have to take if their grandfather voted before civil war (grandfather clause)

Voting Rights Act of 1965 and 24th Amendment Banned the use of Literacy Tests Required that southern states register African Americans to vote ( in line with % of population ) 24th Amendment banned the use of a Poll Tax

NAACP National Association for the Advancement of Colored Persons One of the interest groups that organized activities for the Civil Rights Movement Lawyers of the NAACP represented poor black families to challenge Jim Crow Laws

Brown v. Board of Education of Topeka Kansas The Supreme Court ruled in favor of Linda Brown to end segregation in schools. In its ruling the courts stated that separate facilities could never be equal

The Courts Seek to Enforce Desegregation in Swann v The Courts Seek to Enforce Desegregation in Swann v. Charlotte-Mecklenburg By 1971, not much progress had been made in desegregating southern schools. Southern states set up school districts separating blacks and whites Swann v. Charlotte-Mecklenburg Board of Education is significant because the court offers a “remedy to the problem”. Their remedy included: busing, racial quotas, reorganizing districts

Civil Rights Act of 1964 Addresses Facilities not run by the government but still “public” Title VII makes it illegal to discriminate in employment on the basis of color, religion, sex, or national origin, as well as race The Civil Rights Act also makes it illegal to discriminate on the basis of race when providing a “public service”: restraunt, hotel, etc.

Heart of Atlanta Motel vs. United States White Motel Owner in Atlanta challenged the U.S. government He did not think the U.S. government had the power to tell him which customers to serve U.S. Government used its power over Interstate Commerce to enforce its ruling that segregation in public facilities was impermissable (not allowed)

Moving toward Equal Opportunity Lyndon Johnson Issued executive orders directing government agencies to pursue a policy of minority employment in the federal civil service and in companies doing business with the federal government Universities Law Schools Contractors with the Government

Affirmative Action Compensatory action to overcome consequences of past discrimination and to encourage greater diversity

Reverse Discrimination Regents of the University of California v. Bakke He was denied admissions, white Did granting 16 slots to minorities prevent him from attending Davis? He won his case, but aff action was not declared unconstitutional

Where we are Now Gratz v. Bollinger Univ of Michigan’s admission policy assigned 20 points to minority applicants This qualified as discrimination because it lacked the necessary “individualized consideration” and used a “mechanical” method instead Strict scrutiny is applied in cases using racial classifications Grutter v. Bollinger Law School’s admission policy in meets the state’s interest in promoting diversity because its methods were “highly individualized, holistic review of each applicant’s file Race counts but not in a mechanical way

Freedom to buy or sell property Restrictive covenants were used to maintain all white communities. Owners of property would sign a contract promising not to sell to non-whites In Shelley v. Kraemer the Supreme court ruled that such contracts could not be enforced by law. It did not prevent a person from entering into the contract but the contract would not be enforced if a person tried to use it to sue a neighbor who had broken the contract by selling to a non-white