1. Civil Rights – African Americans
Civil Liberties & Civil Rights

2. What civil rights issues impact African Americans?
Rights & Liberties
intro
What civil rights issues impact African Americans?

3. Civil Liberties & Civil Rights

4. Civil Rights deal with equal protection under the law for all citizens
Rights & Liberties
Civil Rights
14th Amendment
Civil Rights deal with equal protection under the law for all citizens
The “Equal Protection Clause” compels states governments to treat all of its citizens equally regardless of race
The “Due Process Clause” of 14 compels states to protect ALL citizens’ life , liberty, and property rights.

5. Rights & Liberties Civil Rights Classification
Court must determine whether a state’s classification of groups is permissible or if it violates equal protection
There are three levels of scrutiny
Race & ethnicity classifications are inherently suspect & get strict scrutiny –
it’s difficult to justify this classification
Gender classifications get intermediate scrutiny– it’s moderately difficult to justify this classification
Other classifications (age, wealth, etc) are reasonable & easy to justify

6. Rights & Liberties Civil Rights Classification
The classification must have a relationship to a legitimate government purpose
Some forms of state discrimination are valid
Age discrimination against young people is usually valid
Some forms of gender discrimination is OK – treatment in some schools or in the military
Some forms of racial discrimination are OK as part of affirmative action programs

7. Legal Rights for African Americans
Civil Liberties & Civil Rights

8. Civil Rights African Americans Dred Scott v. Sanford
In 1857, Dred Scott, a freed slave, was ruled to be property and therefore did not have standing to sue
The Court ruled that descendants of Africans could not be citizens in the US
It also affirmed that slaves were property, therefore Congress could not ban slavery in any territories since a person has property rights

9. Constitutional Amendments
Civil Rights
African Americans
Thirteenth Amendment – 1865 – prohibited slavery everywhere in the United States
Constitutional Amendments
Fourteenth Amendment – 1868 – granted citizenship rights to former slaves (all people born in the United States)
It also defined citizenship – states had to grant all citizens privileges & immunities, could not take away life, liberty, or property without due process, and had to guarantee equal protection of the law
Fifteenth Amendment – 1870 – prevented states from denying the right to vote on account of race, nationality, or previous condition of servitude

10. Civil Rights African Americans Reconstruction
Initially harsh limits on Southern governments prevented any Confederate officers from holding office
Reconstruction
The Union army occupied the Southern states and they were forced to ratify the new amendments to get back in the US
It worked! In the first ten years after the war, African American men voted and many held state and federal offices.
The 1876 election ended Reconstruction as part of a deal with Congress settling the election in the House

11. After Reconstruction, states began passing codes of segregation
Civil Rights
African Americans
Jim Crow Laws
After Reconstruction, states began passing codes of segregation
Civil Rights cases in 1883 ruled that the 14th Amendment did not protect individuals from discrimination by private businesses

12. Civil Rights African Americans Plessy v. Ferguson
Plessy was arrested for riding in the white train car instead of the colored car
Did this violate the 14th Amendment’s guarantee of equal protection?
The Court ruled that since there was a car for each group, they were being treated equally
“separate but equal” became precedent for the Court

13. Can political parties keep African Americans from voting?
Civil Rights
African Americans
Smith v. Allwright
African Americans could vote, but political parties are private groups and they run primaries.
Can political parties keep African Americans from voting?
The Court ruled that Smith was denied his equal protection under the law if the Democratic Party banned his voting

14. Civil Rights African Americans McLauren V Oklahoma
McLauren wanted to get a doctorate in education, there was no school for him.
Could he be admitted to the University of Oklahoma since there was no “separate but equal” facility?
The Court ruled that he could not be denied the education because of the lack of a facility for him, so Oklahoma had to let him in
The school was allowed to give him a separate lunch table, library desk, and he had to sit right outside the room.

15. Civil Rights African Americans Sweatt v. Painter
Sweatt wanted to go to law school and there wasn’t one for him.
Texas built a law school just for him!
(It’s Texas Southern)
The Court ruled that the facilities were not really equal since he couldn’t interact with other law students
“separate but equal” did not apply to professional schools

16. Is she getting equal protection?
Civil Rights
African Americans
Brown v. Board of Ed.
Linda Brown had to go to a black school more than a mile bus ride from her house despite a white school being 7 blocks away
Is she getting equal protection?
The Court ruled that “separate but equal is inherently unequal” and overturned Plessy . Schools had to be desegregated
Brown v. Board II
Court ordered that schools had to be desegregated “with all deliberate speed”

17. Court upheld bussing as a remedy for achieving integrated schools.
Civil Rights
African Americans
Swann v. Charlotte
In order to integrate schools, Charlotte began “bussing” which meant strange shaped districts to create racial balance
What does Brown mean?
The Court ruled that Brown was more than just an order for states to not segregate, but an order to integrate
Court upheld bussing as a remedy for achieving integrated schools.

18. Civil Rights African Americans Civil Rights Act of 1964
Racial discrimination is illegal in places of public accommodation
Forbids employment discrimination based on race, color, national origin, religion, or gender
Created the EEOC to enforce protections against job discrimination
The federal government can withhold money from any institution that discriminates

19. Prohibits the government from using procedures that discriminate
Civil Rights
African Americans
Voting Rights Act of 1965
Prohibits the government from using procedures that discriminate
Banned the use of the literacy test (and the 24th Amendment banned poll tax)
Federal government sends “election referees’ to areas with a history of racial discrimination in voting.
Preclearance – in areas with history, any change in voting law/procedures must be submitted to the federal government for approval

20. Civil Rights African Americans Heart of Atlanta v. United States
The Civil Rights Act had been passed, but Heart of Atlanta Motel refused to rent rooms to African Americans.
Did the commerce clause give Congress the power to ban discrimination?
Following the ruling in Brown , the Court affirmed the right of Congress to use the Commerce Clause to pass the CRA.
Segregation was not allowed by any business that served the public, overturning the old Civil Rights Cases rui

21. Civil Rights African Americans Heart of Atlanta v. United States
The Civil Rights Act had been passed, but Heart of Atlanta Motel refused to rent rooms to African Americans.
Did the commerce clause give Congress the power to ban discrimination?
Following the ruling in Brown , the Court affirmed the right of Congress to use the Commerce Clause to pass the CRA.
Segregation was not allowed by any business that served the public, overturning the old Civil Rights Cases rui

22. Did the commerce clause give Congress the power to ban discrimination?
Civil Rights
African Americans
Katzenbach V McClung
Restaurant argued that forcing businesses to serve African Americans was an unfair burden to small, private businesses
Did the commerce clause give Congress the power to ban discrimination?
Following the ruling in Brown & Heart of Atlanta, the Court affirmed the right of Congress to use the Commerce Clause to pass the CRA.
Segregation was not allowed by any restaurant since it participated in interstate commerce.

23. Affirmative Action Programs
Civil Liberties & Civil Rights

24. Affirmative Action Programs
Civil Rights
Affirmative Action
Affirmative Action Programs
Programs designed to give extra attention or special treatment of some previously disadvantaged group
An effort to bring about increased employment, promotions, or admissions for members of groups who have historically faced discrimination
In these areas
An attempt by the state to go beyond “equal opportunity” to try to achieve “equal results”.

25. Civil Rights Affirmative Action
Bakke was not admitted to UC Davis medical school after applying twice.
Regents of University of California v. Bakke
His GPA & test scores were higher than some minority students who got in through a special admissions program.
UC Davis set aside 16 seats for students who were admitted through
this special program
Was Bakke’s right to equal protection being violated?
The Court ruled that affirmative action programs were OK, but that racial quotas were not. Bakke got admitted.

26. Civil Rights Affirmative Action Gratz V Bollinger Grutter V Bollinger
Michigan got sued twice in 2003
Undergrad ranked every student on a 150 point scale and you needed 100 to get in.
Gratz V Bollinger
African American, Hispanic, and Native American students got 20 points.
(a perfect SAT got 12 points!)
This was unconstitutional
Grutter V Bollinger
Michigan gave “special consideration’ for minority students in law school admissions
The Court ruled the school COULD use race as a factor in admissions

27. Civil Rights Affirmative Action Fisher v. University of Texas
Fisher did not get in to University of Texas at Austin
Fisher v. University of Texas
The school guarantees admission to students graduating in the top 10% of their class in a Texas high school
Fisher had a 3.6 GPA and 1180 on SATs and was top 12% at her school, higher than some students in the top 10% program
Was Texas violating equal protection?
The Court ruled that the program was constitutional

28. Critics of Affirmative Action
Civil Rights
Affirmative Action
Critics of Affirmative Action
Critics of these programs typically call these forms of “reverse racism”
Cases against these programs are brought by individuals that feel discriminated against because someone less qualified than them is hired, promoted, or admitted over them
Many states, including California and Michigan, have now passed bans on state affirmative action programs in hiring, contracting, or educational admissions.

29. Civil Liberties & Civil Rights
Bigly Ideas
Civil Liberties & Civil Rights

30. Public Policy Wrap Up Fourteenth Amendment Brown V Board
Civil Rights & Voting Rights
Affirmative Action Programs
Focus on these things: