1. Chapter 5: Civil Rights American Democracy Now, 4/e Copyright © 2015 McGraw- Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

2. The Meaning of Equality Under the Law Civil rights in the United States refer to the rights and privileges guaranteed by the government to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth amendments and the privileges and immunities clause of the Fourteenth Amendment. Inherent characteristics are individual characteristics that are part of a person’s nature, such as race, religion, national origin, and sex. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 2 Copyright © 2015 McGraw- Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

3. Slavery and Its Aftermath When it was first written, the Constitution implicitly endorsed the unequal and discriminatory treatment of African Americans. Although the movement to abolish slavery was in its early stages in 1787, the year the Constitution was completed, by the early to mid-1800s, it had gained significant momentum in the North, largely because of the activism of various religious and humanitarian groups. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 3 Copyright © 2015 McGraw- Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

4. Slavery in the United States The Civil War Era – Dred Scott v. Sandford (1857) – The Thirteenth Amendment (1865) – The Fourteenth Amendment (1868) – The Fifteenth Amendment (1870) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

5. Reconstruction and the First Civil Rights Acts Reconstruction era between 1866 and 1877 The Black Codes limited the rights of “freemen,” or former slaves. To remedy that situation, Congress passed laws that sought to negate the Black Codes. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

6. Backlash: Jim Crow Laws State and local governments in the South also found ways to prevent African Americans from exercising their right to vote: – White primary – Literary test – Poll tax – Grandfather clause Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

7. Governmental Acceptance of Discrimination Plessy v. Ferguson (1896) – The separate but equal doctrine declaring that separate but equal facilities do not violate the Fourteenth Amendment’s equal protection clause Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

8. The End of Separate But Equal In 1954 the Supreme Court ruled in Brown v. Board of Education of Topeka that segregated schools violate the equal protection clause of the Fourteenth Amendment. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

9. The Movement Gains National Visibility Murder of Emmett Till in 1955 Rosa Parks & Montgomery Bus Boycott (1955) – The boycott was led by Martin Luther King Jr. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

10. The Government’s Response to the Civil Rights Movement As a result of the civil rights movement, Congress passed the 1965 Voting Rights Act, as well as the 1964 Civil Rights Act, and the 1968 Civil Rights Act. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 10 Copyright © 2015 McGraw- Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

11. The Civil Rights Act of 1964 It outlaws arbitrary discrimination in voter registration practices within the states. It bans discrimination in public accommodations, including hotels, restaurants, and theaters. It prohibits state and local governments from banning access to public facilities on the basis of race, religion, or ethnicity. It empowers the U.S. Attorney General to sue to desegregate public schools. It bars government agencies from discrimination, and imposes the threat of the loss of federal funding if an agency violates the ban. It establishes a standard of equality in employment opportunity. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw- Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

12. Voting Rights Act of 1965 Banned voter registration practices, such as literacy tests Mandated federal intervention in any county where less than 50 percent of eligible voters are registered Shelby v. Alabama (2013) struck down the requirement for some counties in 9 states that they get preclearance from the Justice Department for any law impacting voting procedures.

13. Impact of the Civil Rights Movement Momentous impact on society by working for the laws and rulings that bar discrimination in employment, public accommodations, education, and housing Profound impact on voting rights by establishing the principle that the laws governing voter registration and participation should ensure that individuals are permitted to vote regardless of their race Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

14. First Wave of the Women’s Rights Movement The Nineteenth Amendment (1920) to the Constitution – The Nineteenth Amendment prohibited the national and state governments from abridging or denying citizens the right to vote on account of sex. The right to vote was extended to another group of citizens in 1971 when the states ratified the Twenty- sixth Amendment. This amendment guarantees citizens 18 years of age and older the right to vote. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

15. Second Wave of the Women’s Rights Movement Federal Legislation and Women’s Rights – Title IX of 1972 – The Education Amendment Act of 1972 – No discrimination based on gender for educational programs. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

16. Opposition to Affirmative Action Bakke v. University of California (1978) University of Michigan cases of 2003 – School’s goal of creating a diverse student body serves a compelling public interest. 2007 Supreme Court decision: school districts cannot assign students to schools to enhance diversity Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

17. Chapter 4: Civil Liberties American Democracy Now, 4/e

18. Civil Liberties in the American Legal System Civil liberties are constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference. In contrast, civil rights reflect positive acts of government (in the form of constitutional provisions or statutes) for the purpose of protecting individuals against arbitrary or discriminatory actions. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

19. The Fourth, Fifth, Sixth, and Eighth Amendments: Ensuring Criminal Due Process These four amendments together are known as the criminal due process rights because they establish the guidelines that the government must follow in investigating, bringing to trial, and punishing individuals who violate criminal law. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

20. The Fourth Amendment and the Protection Against Unreasonable Searches and Seizures The Fourth Amendment bars police from conducting any unreasonable searches and seizures. It requires they show probable cause that a crime has been committed before they can obtain a search warrant. The exclusionary rule requires that evidence obtained illegally cannot be used in a trial. “Reasonable” and “unreasonable” searches Is there a reasonable expectation of privacy? Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

21. The Fifth and Sixth Amendments: The Right to a Fair Trial and the Right to Counsel The Fifth Amendment bars double jeopardy and compelled self-incrimination. The Sixth Amendment establishes the rights to a speedy and public trial, to a trial by a jury of one’s peers, to information about the charges against oneself, to the confrontation of witnesses testifying against oneself, and to legal counsel. Miranda v. Arizona (1966) Gideon v. Wainwright (1963) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

22. The Eighth Amendment: Protection Against Cruel and Unusual Punishment Americans have always disagreed about the death penalty. Central to the public debate have been the questions of which crimes should be punished by death and how capital punishment should be carried out. Furman v. Georgia (1972) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.