America’s Democratic Republic Ch. 5: Civil Rights.
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Transcript of America’s Democratic Republic Ch. 5: Civil Rights.
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