Civil Rights“Government protected rights of individuals”

Civil Rights (The government protected rights of

individuals)

Slavery and Congress: Missouri Compromise- applied for admission to the union states as slave state

Elizabeth Cady Stanton

Seneca Fall Convention (1848)

Uncle Tom’s Cabin

Dred Scott v. Stanford (1857)

Emancipation Proclamation

Black Codes

Civil Right Act of 1866

Civil War Amendments

Jim Crow Laws

Analyze how were African American excluded

Grandfather Clause

Push for Equality 1890-1954

Plessy v. Ferguson (1896) SEPARATE BUT EQUAL DOCTRINE overruled by Brown v. Board of Education (1954)

Decision: Thurgood Marshall (NAACP’s attorney representing Brown) argued that Plessy’s separate but equal was unconstitutional under the equal protection clause of the 14th Amendment.

S.C. Justice Earl Warren overruled this decision.

Thurgood Marshall later became the first African American Supreme Court Justice (1967-1991)

Brown v. Board Summary

Brown v. Board of Education (1954) Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curriculum, qualifications, and teacher salaries. This case was decided together with Briggs v. Elliott, Davis v. County School Board of Prince Edward County, and Gebhart v. Belton. (A separate but related case -- Bolling v. Sharpe -- presented the same issue in the context of the District of Columbia, which is not subject to the provisions of the Fourteenth Amendment because the District is not a state.) Brown I the Supreme Court declared racial discrimination in public education unconstitutional.

Brown v Board of Education II (1955) After its decision in Brown, the Court convened to issue the directives which would help to implement its newly announced Constitutional principle (since many states/ districts refused to accept black students into white school) The Court requested further argument on the issue of relief and ruled that racially segregated systems must be dismantled “with all deliberate speed”.

For example, in Arkansas the Governor Orval Faubus, who was facing a reelection bid, announced that the day before the school was to begin, the National Guard would surround Little Rock’s Central High School to prevent African American students from entering.

Although many courts in Arkansas continue to allow African American Students to enroll in white schools, the governor continued to order troops to stop students.

President Dwight Eisenhower sent federal troops to Little Rock to protect the rights of the nine students attending Central High.

Brown v. Board of Education II 1955

19th Amendment – Woman Suffrage (1920)

Guarantee all women right to vote

Civil rights Act of 1964• Civil Rights Act of 1964

– Outlawed segregation in public places– Banned discrimination in employment, education, voting– Enabled federal intervention– Created the Equal Employment Opportunity Commission– Applied to race, creed, color, religion, national origin, sex

• Statutory remedies for race discrimination– Education: de jure and de facto discrimination– Employment

Which of the following organizations was led by students?

A. NAACP

B. SCLC

C. LDF

D. SNCC

E. NCL

LO 6.3

To Learning Objectives

Which of the following organizations was led by students?

A. NAACP

B. SCLC

C. LDF

D. SNCC

E. NCL

LO 6.3

To Learning Objectives

The Women’s Rights Movement

• The Feminine Mystique by Betty Friedan (1963)

• National Organization for Women (NOW) (1966)

• Equal Rights Amendment (1972)– Adopted but never ratified (84-8

Senate;354-24 House; did not pass states)– Proposed that “Equality of right under the

law shall no be denied or abridge by the U.S. or nay state on account of sex.”

– Roe v. Wade (1973)

To Learning Objectives

The Equal Protection Clause and Constitutional Standards of Review

• Based on Fourteenth Amendment• Three different standards of review

– Strict scrutiny or heightened standardBrown v. Board of Education (1954)

– Intermediate standardCraig v. Boren (1976)

– Minimum rationality standardRomer v. Evens (1996)

• Statutory Remedies for sex discrimination– Equal Pay Act of 1963– Title VII (prohibits gender discrimination by private employer),

Title IX (provision of the Education Amendment of 1972 that bars educational institutional receiving federal funds from discriminating against female students)

– Both increase the rights of females to go to college, school, employment,

Despite protecting against many types of discrimination, the Supreme Court has allowed which of the following?

A. Draft registration for males only.

B. State statutory rape laws that apply only to female victims.

C. Different requirements for a child’s acquisition of citizenship based on whether the citizen parent is a mother or a father.

D. All of the above.

To Learning Objectives

Despite protecting against many types of discrimination, the Supreme Court has allowed which of the following?

A. Draft registration for males only.

B. State statutory rape laws that apply only to female victims.

C. Different requirements for a child’s acquisition of citizenship based on whether the citizen parent is a mother or a father.

D. All of the above.

Other Groups Mobilize for Rights

• Hispanic Americans• American Indians• Asian and Pacific Island

Americans• Gays and lesbians• Americans with

disabilities

To Learning Objectives

Hispanic Americans

• Largest and fastest growing group in United States

• High levels of activism and rallies begin in 1960s

• United Farm Workers, National Council of La Raza

• Use of litigation by LULAC and MALDEF

American Indians

• Unique status under U.S law• Isolation and assimilation• Native American Rights

Fund (NARF) (1970)• American Indian Movement

– Bury my Heart at Wounded Knee (1971)

• Hunting, fishing, land rights• Religious freedom• Casinos

To Learning Objectives

Asian and Pacific Island Americans

• Pan Asian identity• History of restrictions on immigration and

employment• Internment of Japanese Americans in

World War II• Korematsu v. U.S. (1944)• Civil Liberties Act of 1988

– Apology accepted?• Recent increased political mobilization

LO 6.5

To Learning Objectives

Gays and Lesbians

• Major gains in recent years• Lambda Legal, Lesbian Rights

Project, GLAD• “Don’t Ask, Don’t Tell”• Lawrence v. Texas (2003)• Gay marriage; a state issue

LO 6.5

To Learning Objectives

Americans with Disabilities

• Americans with Disabilities Act of 1990 (ADA)- Federal Mandate

• Tennessee v. Lane (2004)• American Association of People

with Disabilities (AAPD)

To Learning Objectives

What was the first law to restrict immigration based upon nationality?

A. The Chinese Exclusion Act of 1882

B. The Un-Civil Rights Act of 1903

C. The Immigration and Sedition Act of 1876

D. The Native American and First Nation Peoples Immigration Act of 1927

E. None of the Above

To Learning Objectives

What was the first law to restrict immigration based upon nationality?

A. The Chinese Exclusion Act of 1882

B. The Un-Civil Rights Act of 1903

C. The Immigration and Sedition Act of 1876

D. The Native American and First Nation Peoples Immigration Act of 1927

E. None of the Above

To Learning Objectives

Toward Reform: Civil Rights and Affirmative Action

• What is affirmative action? Policies design to give special attention or compensatory treatment to members of a previously disadvantaged group.

• Regents of the University of California v. Bakke (1978)

Regents of the University of California v. Bakke (1978) was a landmark decision by the S.C. It upheld A.A, allowing race to be one of several factors in college admission policy. The court ruled that specific quotas, such as the 16 out of 100 seats set aside for minority students by the University of California.

Although the Supreme Court had outlawed segregation in schools, and had even ordered school districts to take steps to assure integration, the question of the legality of voluntary affirmative action programs initiated by universities was unresolved. Proponents deemed such programs necessary to make up for past discrimination, while opponents believed they were illegal and a violation of the Equal Protection Clause of the 14th Amendment.

Background: Allan P. Bakke, an engineer and former Marine officer, sought admission to medical school, but was rejected for admission by several, in part because, in his early thirties, he was considered too old. After twice being rejected by U.C.-Davis, he brought suit in state court. The California Supreme Court struck down the program as violated the rights of white applicants and ordered Bakke admitted. The U.S. Supreme Court accepted the case amid wide public attention.

The case fractured the court; the nine justices issued a total of six opinions. Justice Powell opined that affirmative action in general was allowed under the Constitution and the Civil Rights Act of 1964.

• The Grutter and Gratz decisions of 2003• Where does affirmative action stand today?

– Race, gender, ethnicity, etc., can be a factor but not the only factor in determining placement or hiring

To Learning Objectives

In 1986, the elevation of __________ to Chief Justice of the Supreme Court signaled and end to advances in civil rights laws.

A. Sandra Day O’Connor

B. Antonin Scalia

C. William H. Rehnquist

D. Sonya Sotomayor

E. John Paul Stevens

To Learning Objectives

In 1986, the elevation of __________ to Chief Justice of the Supreme Court signaled and end to advances in civil rights laws.

A. Sandra Day O’Connor

B. Antonin Scalia

C. William H. Rehnquist

D. Sonya Sotomayor

E. John Paul Stevens

LO 6.6

To Learning Objectives

Figure 6.1: What do people think about affirmative action?

Back

To Learning Objectives

Table 6.1: What are the standards of review fashioned by the Court under the equal protection clause?

BackTo Learning Objectives