AP American Government Chapter 19: Wilson Homework: Assignment 5 Quiz due Monday When can government make distinctions, classify people or treat them differently; in a sense, when can it discriminate?

Rights accorded to every citizen “Rights to personal liberty established by the 13th and 14th Amendments to the U.S. Constitution and certain Congressional acts, especially as applied to an individual or a minority group.” The idea that we are all equal, and deserve the same rights no matter who we are or where we live Based mostly on the “equal protection” clause of the 14 th amendment Also due process clause, privileges and immunities clause of the 14 th Laws cannot discriminate, or treat people differently, unless they are reasonably related to some justifiable government objective Otherwise, these laws are considered unconstitutional.

Is “equality” mentioned anywhere in the original text of the Constitution? Where/when does the idea that all Americans (or people) are equal first appear? When does the idea first make it into the Constitution? What was the purpose of this amendment? 14 th amendment: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Begins with the passage of the 13 th and 14 th amendments Reconstruction does little for African-Americans in the South For nearly a century afterwards, very little changes Plessy vs. Ferguson (1896) Rules that even the “equal protection” clause only means government must provide equal (but can be separate) facilities The “equality” of these facilities was often questionable Not until the 1940s/50s do blacks see any change in their circumstances – why? Organized minority opposed granting rights to blacks Racism was still a majority sentiment Blacks could not vote Thus using the legislature was not the preferred strategy

Why did civil rights leaders turn to the courts to attempt to gain civil rights? Beginning in the 1930s, the NAACP begins to fight the "separate but equal" doctrine (Plessy). Chose to concentrate efforts on segregation in public education, where they thought the adverse effects of the enforced racial separation could be most easily demonstrated. Several court decisions chipped away at the SbE doctrine before Brown abolished it legally Gaines vs. Canada(1938) – black student must be permitted to attend white law school, but what was the catch? Sweatt vs. Painter (1948) – even a SbE facility (law school) could not provide equal opportunities (protection) for blacks

How did the Brown decision reach a different conclusion? # #

After Brown, however, Civil Rights leaders recognized the need to change public opinion, not just to win legal battles These were sometimes difficult to enforce, and Congress was often reluctant to act on Court decisions or change the law The movement begins using non-violent civil disobedience Attempt to appeal to moderate whites who were nonetheless disinterested in the plight of blacks What changed to enable these laws to be enacted? Public opinion changes Images of violence against non-violent protestors Assassination of JFK believed by some to be right-wing anti-civil rights motivated