1. American Government and Politics Today Chapter 5 Civil Rights

2. Civil Rights 101

3. Civil Rights: Introduction – Refer to those things that the government must do to provide equal protection and freedom from discrimination for all citizens. – Traditionally, thought of as rooted in the Fourteenth Amendment to the Constitution.

4. Slavery in the United States – Ending servitude The Thirteenth Amendment (1865) prohibits slavery within the United States. Southern states had to ratify the 13 th amendment, but were quick to pass Black Codes that restricted the right to vote, serve on a jury or appear in public places -arrest unemployed blacks, fine for vagrancy, required service on plantations The Fourteenth Amendment (1868) established that all persons born in the United States are citizens and no state shall deprive citizens of their rights under the Constitution. (Equal protection of the law) The Fifteenth Amendment (1870) African American males have the right to vote

5. Early Civil Rights Legislation – The Civil Rights Acts of 1865 to 1875 Aimed at enforcing amendments in southern states. Attempted to prevent states from passing laws that would circumvent the amendments Allowed president to enforce laws with military Punished those that violated the laws passed to extend rights to all citizens Jim Crow Laws

7. Challenges to Civil Rights Legislation – Plessy v. Ferguson Separate-but- Equal Doctrine – Voting Barriers White primary, the grandfather clause, poll taxes, literacy tests – Extralegal Methods of Enforcing White Supremacy Southern Blacks were to act subordinate to whites, they were to move off of the sidewalk and were never to “act familiar” with a white woman.—more of a custom than a law

8. Typical White School

9. Typical Black School

10. The End of the Separate-but-Equal Doctrine – Brown v. Board of Education of Topeka Separate is inherently unequal Overturned Plessy v. Ferguson – “With All Deliberate Speed.” States were ordered to eliminate segregation policies with all deliberate speed but no actual time limit.

11. School Integration – De facto segregation—racial segregation that occurs because of past social and economic conditions and residential racial patterns. – De jure segregation—racial segregation that occurs because of laws or administrative decisions by public agencies. – Court-Ordered Busing – Swann v. CMS – The Resurgence of Minority Schools-white flight Less white population in large cities and increase in minority birth rates

12. The Civil Rights Movement – Martin Luther King’s Philosophy of Nonviolence Nonviolent marches and demonstrations= civil disobedience – Another Approach: Black Power. Leaders such as Malcolm X advocated a more forceful approach than King. They also resisted the impulse to cultural assimilation that was implied by the integrationist philosophy.

15. Civil Rights and the NAACP Challenge Jim Crow Laws Lloyd Gaines (1938) graduated Missouri’s Lincoln University (all black) and wanted to go to Missouri’s law school – Supreme court said Missouri either had to admit him or build a school for him. – The court had previously ruled against economic discrimination, not so much on civil rights and liberties.

16. The Climax of the Civil Rights Movement: Civil Rights Legislation – The Civil Rights Act of 1964 voter registration public accommodations for issues that included interstate commerce Mandatory desegregation of public schools (DOJ) Equal opportunity employment – Strom Thurmond SC (D-R) held an eight week filibuster until a cloture was voted and the filibuster ended. – The Voting Rights Act of 1965 Outlawed discriminatory voter tests, federal involvement voter registration

17. Consequences of Civil Rights Legislation – Title VII no discrimination in employment for race, gender, age, and national origin (in 1978 it was amended to include pregnancy) – Political Participation by African Americans 8500 elected African Americans. – Political Participation by Other Minorities. Civil Rights legislation benefits all minority groups free rider theory – Lingering Social and Economic Disparities. – Poor people’s campaign – Racial divide in America

18. Women’s Struggle for Equal Rights – Early Women’s Political Movements Activism for women’s rights began with the Seneca Falls convention in 1848. – Women’s Suffrage Associations This struggle would continue until the ratification of the 19th Amendment to the Constitution that states “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 sex.”

20. The Modern Women’s Movement – The Equal Rights Amendment – Additional Women’s Issues domestic violence abortion rights pornography (divided the movement rather than united it).

21. Gender-Based Discrimination in the Workplace – Sexual Harassment The Supreme Court also has held that Title VII includes prohibitions on sexual harassment. Reasonableness standard – a law that endorses the idea that different treatment “must be reasonable, not arbitrary, and must rest on some ground of difference having a fair and substantial relation to the object of the legislation so that all persons similarly circumstances shall be treated alike.” – Examples » States can’t set different ages for men and women to buy beer » Girls can’t be barred from Little League baseball » Public taverns can not cater to men only – Laws that punish men but not women for statutory rape is permissible and states can give widows a property-tax exemption not given to widowers

22. Gender-Based Discrimination in the Workplace (cont.) – Equal Pay for Equal Work – Wage Discrimination Recent figures show a woman earns 76 cents for every dollar made by a man. The Equal Pay Act of 1963. The Glass Ceiling.

23. Equal opportunity v. Equal outcome Which does the Constitution guarantee?

24. A Timeline of the USA ’ s Treatment of People of Color - 1619: First African slaves sold in Virginia - 1838: US govt. forcefully removes 18,000 Cherokee from their land  “ Trail of Tears ” - 1865-1960s: Jim Crow era —Blacks were not being treated equally by state & local governments era —Blacks - 1920: Women get voting rights ( 19 th Amendment )

25. A Timeline of the USA ’ s Treatment of People of Color - 1941-45: Japanese Americans were forced to live in internment camps during WWIIWWII - 1954: Brown v. Board of Education : declares that segregation in public schools is unconstitutional - 1962: Cesar Chavez leads farm workers to bargain for better wagesChavez - 1982: Plyer v. Doe : declares that children of illegal immigrants have a right to free public schooling

26. Civil RightsCivil Rights: Introduction (cont.) Many Civil Rights laws passed since the end of the Civil War— little enforcement Beginning in 1950s, the Supreme Court became the catalyst for Civil Rights progress Warren Court  Brown v. B.O.E

27. Important Sections from the 14 th Amendment (1) “No State shall make or enforce any law which shall abridge (reduce ) the privileges or immunities (protections) of citizens of the United States” (2) “…nor shall any State deprive any person of life, liberty, or property, without due process of law…” (3) “…nor deny to any person within its jurisdiction the equal protection of the laws.”

28. 14 th Amendment Interpretation (1) States can’t make laws that remove protections and rights of Americans (2) States can’t deny people life, liberty, property, and due process (3) States can’t deny people equal protection of the law

29. Affirmative Action

30. When is Liberty Infringement Allowed? * Reviewing the Strict Scrutiny Test - Some forms of discrimination may be lawful…WHOA! - Govt. must prove a “ compelling interest ” exists to discriminate - method must be “ narrowly tailored ”

31. Affirmative Action Definition: policies that give special preferences in educational admissions and employment decisions to groups that have historically faced de jure discrimination  Is it “Reverse Discrimination”?Reverse **Court Cases: – Regents of the University of California v. Bakke (1978):1978 * racial quota’s = illegal (not narrowly tailored), but race can be a factor in deciding admissions * Govt. has a“compelling interest” to promote racial diversity – University of Michigan cases 2003: Grutter v. Bollinger (involved the U. Michigan Law School) Gratz v. Bollinger (involved the U. Michigan Undergraduate program)U. Michigan Undergraduate