America’s Democratic Republic

Ch. 5: Civil Rights

Introduction

Civil rights: government guarantees of equality for all with regard to judicial proceedings, political rights, treatment by public officials and access to and enjoyment of the benefits of government programs

Expansion of civil rights significantly democratized the American republic

Civil Rights Before the 20th Century

The concept of equality is not mentioned in the Constitution or Bill of Rights State constitutions did virtually nothing to

guarantee equality before the law Late 18th and early 19th centuries instead saw

great concern for protecting individuals from the government

Civil Rights Before the 20th Century

African Americans and women were not passive bystanders in the fight for equality Participated as best they could Fought for equality through protests, boycotts,

work on the Underground Railroad and through the political system

Civil Rights Before the 20th Century

Civil War Amendments (sometimes called the Reconstruction Amendments) 13th (1865): abolished slavery 14th (1868)

Defined citizenship (reversed Dred Scott v. Sanford 1857)

Guaranteed due process Afford privileges and immunities Guaranteed equal protection of the law

Civil Rights Before the 20th Century

Civil War Amendments (sometimes called the Reconstruction Amendments) 15th (1870): banned discrimination in voting

based on race, color or previous condition of servitude

Does not confer suffrage

Civil Rights Before the 20th Century

Undermining the Civil War Amendments Slaughterhouse Cases (1873)

Eviscerated the privileges and immunities clause in the 14th Amendment

Civil Rights Cases (1883) 14th Amendment did not permit Congress to prohibit

discrimination unless it was practiced by state government

Civil Rights Before the 20th Century

Undermining the Civil War Amendments Plessy v. Ferguson (1896)

Prohibited separation of the races in intrastate travel as long as facilities were “equal”

Provided the legal foundation for the dual society, also known as Jim Crow De facto segregation De jure segregation

Overturned by Brown v. Board of Education (1954)

Civil Rights Before the 20th Century

Weakening the 15th Amendment Poll taxes Grandfather clause White primary

Civil Rights Before the 20th Century

Women and the 15th Amendment Minor v. Happersett (1874): women’s suffrage

not an inherent right in the national citizenship guarantees of 14th Amendment

Abandoned legal challenges and turned to direct action

19th Amendment (1920) Banned discrimination in voting based on sex

Contemporary Status of Civil Rights for Racial Minorities

Changes in interpretation of the Constitution and interracial relations were shaped by the civil rights movement

Contemporary Status of Civil Rights for Racial Minorities

Civil Rights Movement 1940’s – 1960’s Ended formal segregation across the nation Major civil rights organizations

National Association for the Advancement of Colored People (NAACP)

Southern Christian Leadership Conference (SCLC) Student Non-Violent Coordinating Committee (SNCC) Congress on Racial Equality (CORE)

Main tactic: non-violent direct action

Contemporary Status of Civil Rights for Racial Minorities

Key Events 1954: Brown v. Board of Education 1957: Montgomery Bus Boycott 1960: Freedom Rides 1961: Sit-ins 1962: Integration of Ole Miss

Contemporary Status of Civil Rights for Racial Minorities

Key Events 1963

Birmingham demonstrations Bombing of 16th Street Baptist Church and murder of

four girls Integration of University of Alabama March on Washington Murder of Medgar Evers Civil Rights bill sent to Congress Assassination of JFK

Contemporary Status of Civil Rights for Racial Minorities

Key Events 1964

Passage of Civil Rights Act of 1964 Ended legal segregation in public accommodations and

schools The Summer Project, also known as Freedom

Summer Murders of James Chaney, Andrew Goodman and Michael

Schwerner

Contemporary Status of Civil Rights for Racial Minorities

Key Events 1965

Murder of Malcolm X Voter registration demonstrations

Murder of Jimmie Lee Jackson Bloody Sunday

Murder of Rev. Jim Reeb and Viola Luizzo Selma March Passage of Voting Rights Act

Contemporary Status of Civil Rights for Racial Minorities

Key Events 1964 - 1967

Urban rebellions (race riots) in large northern cities across the country

“White backlash” 1968

Murder of Martin Luther King, Jr. Murder of Robert F. Kennedy Poor People’s Campaign Passage of Civil Rights Act of 1968

Contemporary Status of Civil Rights for Racial Minorities

Affirmative Action Main goal of Civil Rights Movement was to

remove artificial barriers Because of hundreds of years of discrimination,

economic and social situation of many blacks remained stagnant

Progress had to involve proactive governmental efforts

Contemporary Status of Civil Rights for Racial Minorities

Important Actions Richard Nixon’s Philadelphia Plan (1969)

Required minority set asides from construction companies and associated unions with federal contracts

Regents v. Bakke (1978) Quotas are unconstitutional, but race can be one

factor among several in hiring or college admissions

Contemporary Status of Civil Rights for Racial Minorities

Proponents of Affirmative Action Impact of past discrimination is so pervasive,

removing artificial barriers is not enough United States’ diverse society requires tolerance

and sense of community Those who are disadvantaged or discriminated

against need successful role models in important societal institutions

Contemporary Status of Civil Rights for Racial Minorities

Opponents of Affirmative Action Violates the American principle of individualism Reverse discrimination Main beneficiaries of affirmative action are middle

class Increases intergroup and interracial tension

Contemporary Status of Civil Rights for Racial Minorities

Public Opinion on Affirmative Action Americans approve of

Diversity Merit Equality of opportunity

Americans disapprove of “Reverse discrimination” Special rights or privileges Equality of result

Contemporary Status of Civil Rights for Racial Minorities

Supreme Court on Affirmative Action By 1980s, the Court was ruling that laws that

were not color-blind should be given strict scrutiny, but

Grutter v. Bollinger (2003) reaffirmed Regents v. Bakke (1978) Quotas are illegal Race can be one of several factors

Contemporary Status of Civil Rights for Racial Minorities

Affirmative Action and Federal Constitutional Law Race as the defining qualification in government

programs is considered unconstitutional unless “compelling and necessary reasons. . .” are proved

In government contracts or hiring affirmative action is constitutional only if narrowly tailored to rectify past actions by a particular government agency is a compelling reason

Contemporary Status of Civil Rights for Racial Minorities

Affirmative Action and federal constitutional law Regarding admissions to educational institutions,

actions that try to rectify past discriminatory admissions policies that are “compelling and necessary” are constitutional

Contemporary Status of Civil Rights for Racial Minorities

Affirmative Action and federal constitutional law Regarding admissions to educational institutions,

the goal of achieving a diverse student body is a compelling reason

Race can only be one of several factors

Contemporary Status of Civil Rights for Women

The women’s movement was unable to win passage of the Equal Rights Amendment (ERA) to the Constitution, but

Issues such as sexual harassment, family medical leave, pay equity, etc., are part of the nation’s political agenda

Contemporary Status of Civil Rights for Women

Rights for women have changed more by changes in society’s attitude than by a loose constructionist view of the 14th Amendment’s equal protection clause

Contemporary Status of Civil Rights for Women

Legal Considerations Craig v. Boren (1976)

Intermediate scrutiny: “gender as a somewhat suspect classification” A law that would be constitutional if the use of gender was

substantially related to an important objective This was reaffirmed in United States v. Virginia (1996)

Contemporary Status of Civil Rights for Women

Abortion Rights Roe v. Wade (1973)

Existence of a general right for women to decide to terminate a pregnancy

Abortion from a legislative issue to a constitutional issue

Reflected Changes in public opinion Inequities against women Pressure from interest groups

Contemporary Status of Civil Rights for Women

Abortion Rights Roe v. Wade (1973)

Justice Blackmun’s opinion prohibited The state from interfering in the first two trimesters Any state actions in the third trimester that might threaten

health or life of mother

Contemporary Status of Civil Rights for Women

Abortion Rights Roe v. Wade (1973)

In response to state restrictions Webster v. Reproductive Health Services (1989)

Allowed states to set restrictions Planned Parenthood v. Casey (1992)

Restrictions can’t “place an undue burden” on a woman’s right to choose

Post-1992, laws restricting abortions must contain exceptions when life or health of mother is at risk

Contemporary Status of Civil Rights for Women

Sexual Harassment Disagreement about the definition

1980: EEOC ruled that Sexual activity as a condition of employment violates the

Civil Rights Act of 1964 Creating “an intimidating, hostile, or offensive working

environment” is against the law Harris v. Forklift Systems, Inc. (1993)

Workers only have to prove that the workplace is hostile or abusive

Broadening the Civil Rights Umbrella

Elderly and Disabled Mandatory retirement barred Age Discrimination in Employment Act (1967) Americans With Disabilities Act (1990)

Prohibits discrimination Requires reasonable efforts to make jobs and public

accommodations accessible 2001 Congress barred state employees from suing for

damages

Broadening the Civil Rights Umbrella

Gays and Lesbians Stonewall Rebellion 1969 Bowers v. Hardwick (1986)

Upheld Georgia’s sodomy law Romer v. Evans (1996)

State laws denying basic civil rights to gays and lesbians are unconstitutional

Lawrence v. Texas (2003) Overturned Bowers v. Hardwick

Broadening the Civil Rights Umbrella

Gays and Lesbians Looming issues

Gay marriage Defense of Marriage Act 1996

Adoption of children by gays

Civil Rights in the Democratic Republic

Civil rights issues have significantly altered the republican Constitution

Absence of constitutional foundation guaranteeing civil rights made the fight much longer

Advances have been uneven

Ch. 5: Civil Rights

The End