Chapter 16. 2 Two Conceptions of Equality Equality of opportunity: people should have an equal...
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Transcript of Chapter 16. 2 Two Conceptions of Equality Equality of opportunity: people should have an equal...
Chapter 16
2
Two Conceptions of Equality
Equality of opportunity: people should have an equal chance to develop talents and rewarded equitably
Equality of outcome: greater uniformity in social, economic, and political power among different social groups
Invidious discrimination versus benign discrimination
3
Civil Rights Powers and privileges guaranteed to
the individual and protected from arbitrary removal by government or other persons
Constitutional amendments and related laws passed to guarantee civil rights after the Civil War Actual rights not a reality until mid-20th
century4
The Civil War Amendments
Thirteenth Amendment passed in 1865 Neither slavery nor involuntary servitude…
shall exist within the United States, or any place subject to its jurisdiction.
Fourteenth Amendment passed in 1869 All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
5
The Civil War Amendments
Fourteenth Amendment also prohibits states from abridging the privileges or immunities of citizens of the United States, or depriving any person of life, liberty, or property, without due process of law.
Amendment also guarantees equality: No state shall deny to any person within
its jurisdiction the equal protection of the laws.
6
The Civil War Amendments
Fifteenth Amendment adopted in 1870 to add political equality: 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 race, color, or previous condition of servitude.
These three amendments granted constitutional equality to blacks Actual equality sometimes thwarted by
courts 7
Congress and the Supreme Court:
Lawmaking Versus Law Interpreting
Congress passed a civil rights act in 1866 to counteract states’ black codes
Some provisions in force today Supreme Court rulings weakened or
overturned other provisions Several rulings based on idea that
states not obligated to honor rights granted by U.S. citizenship
8
Voting Rights Supreme Court ruled Fifteenth
Amendment did not guarantee right to vote
Some states passed nonracial laws that effectively denied black men voting rights Poll tax Literacy tests Minimum education requirements “Grandfather clause”
9
The Roots of Racial Segregation
Well before Civil War, blacks lived separately from whites
After the war, southern states passed Jim Crow laws to reinforce segregation
Plessy v. Ferguson (1896) upheld state-imposed racial segregation Established separate-but-equal doctrine
10
Separate and Unequal
11
The Dismantling of School Segregation
National Association for the Advancement of Colored People (NAACP) founded in 1909 to try other means to access political power
First idea pursued: pressing for fully equal facilities for blacks
Second area of attack: prove unconstitutionality of segregation
12
Pressure for Equality… Beginning in the 1920s, a few
Supreme Court cases offered hope for future changes University of Missouri and
University of Texas law schools ordered to admit black students
However, separate-but-equal doctrine not revisited
13
…and Pressure for Desegregation
President Harry S Truman established the President’s Committee on Civil Rights in 1947 Committee’s report became agenda for
civil rights movement Truman also desegregated armed
forces The U.S. Department of Justice began
submitting briefs in support of civil rights
14
Brown v. Board of Education
Began as one case asserting a black child’s right to attend white school close to her home Federal District court ruled black and
white school facilities equal and denied request
At Supreme Court level, four other cases merged to form class action suit
Ruling on first Brown case declared “separate educational facilities are inherently unequal”
15
Anger Erupts in Little Rock
16
Implementation of Brown Ruling
Brown v. Board of Education II (1955) ruled schools must desegregate “with all deliberate speed”
Some states complied; others did little to desegregate
Supreme Court ruled desegregation should happen “at once” in 1969
17
School Integration Several paths to integration approved:
Busing Racial quotas Paring or grouping of noncontiguous
school zones Swan v. Charlotte-Mecklenburg County
Schools said lower courts could order busing
These methods only dealt with de jure segregation, not de facto segregation
18
The Civil Rights Movement
NAACP’s efforts led to Supreme Court decisions outlawing whites-only primaries and declared segregation on interstate bus routes unconstitutional
Dwight D. Eisenhower’s presidency did little to support civil rights
Political mobilization of the people became the civil rights movement
19
Civil Disobedience Rosa Parks violated a Montgomery,
Alabama law when she sat down in the “whites only” portion of a bus and was arrested when she refused to move
Montgomery’s black community called for a boycott of the bus system
Martin Luther King, Jr., urged blacks to continue boycott despite harassment
Eventually federal court ruled segregated transportation systems unconstitutional
20
Civil Disobedience MLK founded the Southern Christian
Leadership Conference (SCLC) Group advocated nonviolent means
to bring attention to racial issues Black students sat at whites-only lunch
counter Supreme Court upheld actions of
demonstrators
21
The Civil Rights Act of 1964
1961: John F. Kennedy became president 1962-1963: President Kennedy took
actions to enforce desegregation at universities in the South Also asked Congress for civil rights
legislation President Kennedy assassinated
November 22, 1963 Lyndon B. Johnson became president
Considered civil rights top legislative priority Result was Civil Rights Act of 1964
22
When Leaders Confer
23
The Civil Rights Act of 1964
Entitled all persons to “full and equal enjoyment” with regard to public accommodations
Established employment equality rights
Strengthened voting rights laws Created Equal Employment
Opportunity Commission (EEOC) Federal funds not to be awarded to
programs that discriminate24
The Civil Rights Act of 1964
Supreme Court upheld challenge to law, ruling Congress has ability to regulate interstate commerce First of many rulings broadening
federal power based on Commerce Clause
25
President Johnson’s “Great Society”
Twenty-fourth Amendment (ratified in 1964)
Economic Opportunity Act of 1964
Voting Rights Act of 1965 Fair Housing Act of 1968
26
The Continuing Struggle over Civil Rights
Civil rights laws do not ensure compliance
Supreme Court’s ruling in Grove City College v. Bell (1984) frustrated enforcement efforts Ruling led to Civil Rights Restoration Act of
1988 Supreme Court’s subsequent rulings
limited scope of civil rights laws In one, restricted minority contractor set-
asides Congress responded with Civil Rights Act of
1991 27
Racial Violence and Black Nationalism
Violence on both sides of civil rights movement increased in mid and late 1960s Violence against civil rights workers primarily
confined to the South Northern blacks in inner cities rioted, especially
after Martin Luther King’s assassination in 1968 Lack of progress towards equality led to
black nationalist movement, with some positive results Malcolm X leading voice of Nation of Islam until
assassination in 1965 Stokely Carmichael, chair of Student Nonviolent
Coordinating Committee, called for “black power” 28
Civil Rights for Other Minorities
Recent court decisions and civil rights laws expand protections to all minorities
1987 Supreme Court decision expanded interpretation of Civil Rights Act of 1866 Covers discrimination related to jobs,
rental housing, and other prohibited discrimination
29
Native Americans Government relations with native
Indians in 18th and 19th centuries denied political and social rights Broken promises sometimes led to
violence Early 20th century policies promoted
assimilation Indians received citizenship in 1924 Native land holdings continued to
shrink30
Native Americans Frustration with U.S. policies led to
militant action in late 1960s and early 1970s Seizure of Alcatraz Island Hostages at Wounded Knee, South
Dakota Some land returned in 1970s Some awards by Supreme Court Establishment of casinos on
reservations31
Immigrant Groups Statue of Liberty icon symbolizing
U.S. as nation of immigrants However, until 1965, immigration
laws discriminatory Quota systems 1965 law designed to reunite families,
leading to “chain migration” Did not address illegal immigration
32
Illegal Immigration Demand for cheap labor drives
illegal immigration 1986 law set fines for hiring
illegal immigrants Also offered amnesty to resident
illegal immigrants Lax enforcement and fake “green
cards” doomed law’s strategies33
Figure 16.1
Illegal Immigrants in the United States, 2009
34
Illegal Immigration By 2006, over 11 million illegal
immigrants lived in U.S.; politicians called for immigration reform Burden on public services Threat to national security But, do pay Social Security with no return
Immigrant organizers sponsored non-violent demonstration opposing some proposals
35
Strolling Protest
36
Illegal Immigration Illegal immigrants easy targets for those
frustrated by economic downturns Arizona passed the Support Our Law
Enforcement and Safe Neighborhoods Act in 2010, the strictest in nation State crime to be illegal immigrant Aliens must carry documentation Police to determine immigration status Steps up enforcement Penalties for helping or hiring illegal
immigrants37
Latinos and Hispanics Many immigrated to Southwest to
work in agriculture Most faced poverty and
discrimination Many left country during Great
Depression, but numbers in U.S. increased again during WWII Minority farm workers in California lived
in poverty, as did workers in cities
38
Latinos and Hispanics Cesar Chavez led United Farm Workers
union in strike against growers in 1965 Wanted better pay, working conditions,
and housing for farm workers In 1970s and 1980s, immigration from
countries other than Mexico and Puerto Rico increased Discrimination compounded by
population’s difficulties learning and using a new language
39
Latinos and Hispanics Language barriers result in lower voter
registration and turnout for Hispanics Nine majority-minority districts created
to increase representation Under scrutiny by Supreme Court
Recent years have seen growing Hispanic political power More elected officials at all levels of
government Appointment of Sonia Sotomayor to
Supreme Court 40
Americans with Disabilities
After over 20 years of struggle, Americans with Disabilities Act (ADA) passed in 1990 Extents protections of Civil Rights Act
of 1964 to many categories of disabilities
Question of “what is the meaning of disability?” complex Original definition vague
41
Homosexual Americans Police raid of Stonewall Inn in 1969
and subsequent riots sparked gay liberation movement
National Gay and Lesbian Task Force (NGLTF) lobbied for gays to serve in public employment Founded Legislative Lawyering Program
Human Rights Campaign founded in 1980
42
Homosexual Americans Significant progress made since 1970s
Two homosexual members of 110th Congress
But still do not enjoy all laws protecting other minority groups
Military’s “don’t ask, don’t tell” policy established by Clinton administration remains controversial
Domestic partner benefits not uniform
43
Homosexual Americans Same-sex marriages another issue
Massachusetts Supreme Court ruled same-sex couples could marry in 2003
At least 37 states prohibit same-sex marriages
California battle regarding same-sex marriage began in 2000
Supreme Court’s decision in Boy Scouts of America v. Dale (2000) highlights conflict between freedom and equality
44
Gender and Equal Rights:The Women’s Movement
Women’s movement a fight against protectionism
Demand for women’s rights began with abolition movement Courts consistently upheld protectionist
laws Supreme Court 1991 ruling struck down
a company’s fetal protection policy as discriminatory
45
Political Equality for Women
Women’s suffrage movement began in late 1800s Susan B. Anthony convinced a senator to
introduce constitutional amendment supporting voting rights for women in 1878
Police arrested 218 women picketing the White House, demanding right to vote
Nineteenth Amendment passed in 1920
46
Political Equality for Women
Even after passage of Nineteenth Amendment, protectionist employment attitudes and policies continued Fewer educational opportunities Fewer employment opportunities Lower wages
47
Gender Quotas for Representatives
in Lower Legislative Houses Several countries mandate quotas for
election of women to public office Some written into constitutions; others
are statutes or even quotas set by political parties
Some are quotas for candidates; others are quotas for those actually elected
Mixed results Quotas most effective in proportional
representation systems 48
Politics in a
Changing World
49
Politics in a Changing World
50
Prohibiting Sex-Based Discrimination
Equal Pay Act of 1963 advanced pay equality but did not overturn other protectionist state laws
Civil Rights Act of 1964 also prohibited sexism
Title IX of the Education Amendments of 1972 prohibited sex discrimination in federally aided education programs
Revenue Act of 1972 established child care tax credits
Lilly Ledbetter Fair Pay Act of 2009 a response to 2007 Supreme Court ruling regarding pay discrimination
51
Obama Signs Equal-Pay Legislation
52
Stereotypes Under Scrutiny
Beginning in early 1970s, Supreme Court began ruling against gender-based protectionism
In 1976, Court established standard: gender-based distinctions justifiable only if they serve some important government purpose
However, courts reluctant to address concept of comparable worth
53
Stereotypes Under Scrutiny
Courts do support applying constitutional guarantees won by blacks to women
No discrimination in jury selection The Virginia Military Institution’s (VMI)
men-only admissions policies overturned in United States v. Virginia Distinctions based on sex almost as
suspect as discriminations based on race54
The Equal Rights Amendment
The Supreme Court has not extended the protections of the Fourteenth Amendment beyond issues of race
An equal rights amendment (ERA) was introduced in 1923 Finally approved by Congress in 1972 The ERA died in 1982, three states
short of adoption55
Why did the ERA fail? Proponents made national
campaign; opponents, a state-based campaign
Proponents exaggerated effects; opponents capitalized on fears of those effects
Despite ERA’s failure, ratification movement provided many benefits for women
56
Affirmative Action: Equal Opportunity or Equal
Outcome? Affirmative action programs
designed to overcome effects of present and past discrimination Goal is to move beyond equality of
opportunity to equality of outcome Numerical or percentage goals most
aggressive form Also includes increased recruitment
efforts57
Affirmative Action Proponents believe quotas provide
opportunities to groups so discriminated against that they can’t take advantage of equal opportunities Seldom explicitly legislated Government-mandated policies began
in 1965 with Office of Federal Contract Compliance
Opponents believe quota programs can lead to reverse discrimination or benefits to less-qualified applicants
58
How Others Struggle with Affirmative Action
India has “positive discrimination” policies, which have resulted in increased tensions between upper and lower castes
Brazil’s racial quotas difficult to apply because 42 percent of population racially mixed
Critics claim South Africa’s policies benefit only senior members of the ruling African National Congress
Majoritarian and pluralist models approach solutions differently
59
Reverse Discrimination Supreme Court decision in Regents of the
University of California v. Bakke said race could only be “plus” factor for admissions
Groups opposed to affirmative action took other situations to court, with mixed results Gratz v. Bollinger Grutter v. Bollinger Community Schools v. Seattle School District
No. 1
60
Affirmative Action Arena
61
The Politics of Affirmative Action
Survey results not surprising: blacks favor affirmative action and whites do not
So, how do we account for persistence of equal outcome policies? Politicians want votes, so expand number
of protected groups and benefits provided Many Americans view programs as a
violation of personal freedoms
62