1. Civil Rights

2. Learning Objectives
Explain the approaches used to bring about change in Civil Rights policies
Examine affirmative action and other ongoing civil rights issues

3. Examples
Read the following Four Examples on Page 390
Answers pg. 419

4. What is the difference between civil rights and civil liberties
What is the difference between civil rights and civil liberties? This is very important. (391)

5. Disenfranchisement of black voters
Summarize the history of African Americans and civil rights. ( )
What were the Civil War Amendments to the Constitution?

6. 13th Amendment
Bans Slavery

7. 14th Amendment
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.
Section 2. Congress shall have power to enforce this article by appropriate legislation

8. 14th 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.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article

9. 15th Amendment
Section 1. 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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation

10. Disenfranchisement of Black Voters
How did Southerners succeed in disenfranchising black voters for nearly 100 years? Be Specific!

11. Disenfranchisement Physical Violence Poll Taxes
Black Codes or Jim Crow Laws
Grandfather Clause
Plessey V Ferguson (1896)-” Separate but equal”
White Primaries (Democrats)

12. Struggle for Equality Brown V. Board of Education (1954)
Civil Rights Movement (1950’s and 60’s)
1964 Civil Rights Act
1965 Voting Rights Act

13. Brown V. Board of Education
Brown V. Board of Education (1954)- rejected the separate but equal doctrine as violating 14th amendment rights
Brown V. Board of education II (1955)- ordered schools to be desegregated with “all deliberate speed.

15. 1964 Civil Rights Act
Prohibited discrimination in hotels, restaurants, and similar places of public accommodation, based on the power to regulate interstate commerce
Prohibited discrimination in employment based on race, color, religion, natural origins, and sex
Authorized the Department of Justice to take legal action to desegregate public schools
Withheld federal funds from state and local programs that discriminated on the basis of rac

16. 24th Amendment (1964)
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

17. 1965 Voting Rights Act
Ended the use literacy tests and similar means to deny African Americans access to the polls
required the federal government to approve any changes in voter qualifications and/or procedures, and
promoted voter registration in areas with historically low turnout.

18. New Jim Crow? What were Jim Crow Laws?
What was the Supreme Court Case that legalized public segregation?
The New Jim Crow?

23. New Jim Crow?
Is it Fair to characterize Mass incarceration as the New Jim Crow?

24. De jure vs. De Facto
What is the difference between these terms?

25. De jure vs. De Facto De Jure = Mandated by Law
De facto= resulting from outside of law
How does this apply to segregation?
How do courts and legislators try to avoid de facto discrimination?
What is Affirmative action?

26. Affirmative action
Affirmative action- policy of favoring members of a disadvantaged group who suffer from discrimination within a culture
Low on the scale= actively recruiting minorities
Middle= using race or gender as a “plus” factor for admissions or hiring decisions
Strongest form of affirmative action= quotas
You decide (Pg. 417)
To what extent should race be used as a “plus factor” to promote diversity?
Is it inherently unfair to white males?
In other words is it “reverse discrimination”? Is it constitutional?

27. Supreme Court Decisions
California Board of Regents v. Bakke (1978)- ruled that rigid quotas were unconstitutional but using a plus factor is constitutional
Grutter v. Bollinger (2003) – upheld the University of Michigan’s use of a “holistic approach” that considered race in admissions

28. Equality for Women
Early American’s (men?) believed in Protectionism or discriminatory policies help the group
Many Woman’s groups opposed the Equal Rights Amendment to the Constitution because it would removed exemptions from the draft for example
19th amendment gives woman the right to vote (1919)
Title IX (1972) – prohibits sex discrimination on any education program receiving federal assistance

29. Discrimination
Are discriminatory laws always illegal? When are they legal?
What is the difference between a rational basis test, an intermediate scrutiny test and a stricy scrutiny test?

30. Determining if Discrimination is Legal (Pg. 409)
Rational Basis Test- The Use of Evidence to suggest that differences in behavior of two groups can rationalize unequal treatment of these groups
Ex. Auto insurance prices or drinking ages
Intermediate scrutiny Test - The middle level of scrutiny the courts use when determining whether unequal is justified by the effect of the law; this is the standard for gender or sexual orientation
Strict Scrutiny test: The highest level of scrutiny. This is applied to all cases involving Race. Laws rarely pass the scrutiny. The state must demonstrate “compelling state interest”

31. Gay Rights
Obergefell v. Hodges (2015) 5-4 says marriage is protected under the Due process and equal protection clauses of the ?? Amendment
Lawrence V Texas (2003)- 6-3 majority struck down Texas’ sodomy laws under an implied right to privacy
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