SegregationSegregationin the Southern in the Southern

statesstates

(1896-1968)(1896-1968)

Plessy v. FergusonPlessy v. Ferguson (1896) (1896)

Can the state of Can the state of Louisiana Louisiana mandate mandate separate railroadseparate railroadcars for Blacks cars for Blacks and Whites?and Whites?

Plessy v. FergusonPlessy v. Ferguson (1896) (1896)

"The object of the [Fourteenth] Amendment was "The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things two races before the law, but in the nature of things it could not have been intended to abolish it could not have been intended to abolish distinctions based upon color, or to enforce social, distinctions based upon color, or to enforce social, as distinguished from political, equality, or a as distinguished from political, equality, or a commingling of the two races upon terms commingling of the two races upon terms unsatisfactory to either. . .unsatisfactory to either. . .

““We consider the underlying fallacy of the plaintiff's We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the argument to consist in the assumption that the enforced separation of the two races stamps the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, colored race with a badge of inferiority. If this be so, it is not by reason of any-thing found in the act, but it is not by reason of any-thing found in the act, but solely because the colored race chooses to put that solely because the colored race chooses to put that construction upon it.construction upon it. ""

“In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case.”

—Justice Harlan, dissenting

“Separate but equal . . .”

•Schools

•Churches

•Restaurants

•Movies

•Hotels

• Libraries

•Housing

• ...you name it

“Separate but equal . . .”

•Schools

•Churches

•Restaurants

•Movies

•Hotels

• Libraries

•Housing

• ...you name it

No Social Interactions Allowed

Especially no intermarriage

The one significant institution under the control of Blacks:

Their churches.

Central relationship betweenCentral relationship betweenWhites and Blacks:Whites and Blacks:

Dominance(tinged with paternalism)

• Blacks restricted to menial jobsBlacks restricted to menial jobs

• Blacks supervised by whites, never Blacks supervised by whites, never the other way aroundthe other way around

• Whites control wealth and political Whites control wealth and political institutionsinstitutions

• Blacks denied even the right to voteBlacks denied even the right to vote

Frederickson’s Criteria for an Frederickson’s Criteria for an Overtly Racist RegimeOvertly Racist Regime

1. Ideology: The differences between us and them are permanent and unbridgable.

2. Intermarriage is forbidden by law.

3. Segregation mandated by law, not merely by custom or private acts.

4. Disenfranchisement of vote and public office-holding.

5. Economic opportunities are so limitated that members of outgroup kept in poverty or deliberately impoverished.

Marcus Garvey (1887-1940)

Back to Africa!

W. E. B. DuBois (1868-1963)

•Sociologist

•Journalist

•Pan-Africanist

•Socialist/Communist

•Ghanian

The Civil Rights MovementThe Civil Rights Movement

1954-19681954-1968

Three notable events near the beginning of the movement:

• Brown v. Board of Education

• The Murder of Emmitt Till

• The Montgomery Bus Boycott

Brown v. Board of Education Brown v. Board of Education of Topeka of Topeka (1954)(1954)

““We conclude that, in We conclude that, in the field of public the field of public education, ‘separate education, ‘separate but equal’ has no place. but equal’ has no place. Separate educational Separate educational facilities are inherently facilities are inherently unequal.unequal.

““Any language in Any language in Plessy Plessy v. Fergusonv. Ferguson contrary to contrary to this finding is rejected.”this finding is rejected.”

The Murder of Emmitt Till (1955)

““Thar he.”Thar he.”Moses Wright, Moses Wright, Sumner, Mississippi, Sumner, Mississippi, September 22, 1955September 22, 1955

Rosa Parks and the Montgomery Bus Boycott (1955)

The Organizations

NAACP National Association for the Advancement of Colored People

SCLC Southern Christian Leadership Conference

CORE Congress of Racial Equality

The Brotherhood of Sleeping Car Porters

SNCC Student Nonviolent Coordinating Committee

The ObjectivesThe Objectives

• Overthrow the Jim Crow Overthrow the Jim Crow LawsLaws

• Integrate Public FacilitiesIntegrate Public Facilities

• Eliminate Racial Eliminate Racial Discrimination GenerallyDiscrimination Generally

The Method

Nonviolent Civil Disobedience

M. K. Gandhi

Satyagraha

Why nonviolence?Why nonviolence?

• Ethical view: PacifismEthical view: Pacifism

• Violence does not workViolence does not work

• Violence is incompatible Violence is incompatible with the appeal to with the appeal to conscienceconscience

Do ethical arguments make any difference?Do ethical arguments make any difference?

How moral argument might lead to social How moral argument might lead to social change:change:

The people making the argument keep things The people making the argument keep things stirred up, so that . . .stirred up, so that . . .

The only way to settle things down--and keep The only way to settle things down--and keep society running peacefully--is to grant the society running peacefully--is to grant the point and make the required changes; and . . .point and make the required changes; and . . .

The majority are willing to concede the ethical The majority are willing to concede the ethical point, however, grudgingly. Then,point, however, grudgingly. Then,

The change is made.The change is made.

• NonviolentNonviolent

• PublicPublic

• Aimed at specific laws, not at law itselfAimed at specific laws, not at law itself

• Willing to accept punishmentWilling to accept punishment

• Addresses to conscience of the majorityAddresses to conscience of the majority

• Last resortLast resort

Characteristics of Civil Characteristics of Civil DisobedienceDisobedience

• Boycotts

• Marches and Public Demonstrations

• Sit-ins

• Freedom Ride

• Voter Registration Drives

• Law Suits

• Speeches, newspaper articles, publicity, publicity, publicity

Tactics

Were the civil rights demonstrators really breaking the law?

Was “civil disobedience” really disobedience to the law?

Ronald Dworkin

The White Resistance

Strom Thurmond

Dixiecrat Candidate for President 1948

The White Resistance

Jesse Helms

Senator from North Carolina

The White Resistance

“Massive Resistance”

• Refusal to obey court orders, citing doctine of States’ Rights

• Integration of schools did not really become effective until 1960s

• Notable battles over school integration in Alabama, Mississippi, and Arkansas

In 1963, Birmingham’s In 1963, Birmingham’s First High School First High School IntegrationIntegration

• Richard WalkerRichard Walker

• From Ullman to RansomFrom Ullman to Ransom

• Later graduated from Later graduated from UAB Medical SchoolUAB Medical School

• Now a local physicianNow a local physicianOdessa WoolfolkOdessa Woolfolk

1964 Civil Rights Act

• Voting rightsVoting rights

• Public accommodationsPublic accommodations

• Equal opportunity in employmentEqual opportunity in employment

• Desegregation of public facilitiesDesegregation of public facilities

• Nondiscrimination in federally Nondiscrimination in federally funded programsfunded programs

• Establishes Civil Rights CommissionEstablishes Civil Rights Commission

• Affirmative action training programsAffirmative action training programs

The Original Arguments for Affirmative Action

• Lyndon Johnson’s argument: the analogy of the foot race

The Original Arguments for Affirmative Action

• Lyndon Johnson’s argument: the analogy of the foot race

• Role models and the vicious circle

• Necessary for combatting racism

• Compensation

1968: The Assassination 1968: The Assassination of Martin Luther King, Jr.of Martin Luther King, Jr.

Three features of our current Three features of our current situation that resulted from situation that resulted from the policy of massive the policy of massive resistance:resistance:

• Multiple school systemsMultiple school systems

• The private Christian The private Christian AcademiesAcademies

• Republicans as the Republicans as the conservative partyconservative party

The PresentThe Present

1968-20031968-2003

The Civil Rights Movement

The Women’s Movement

The Gay Rights Movement

The Rights of the Handicapped

The Animal Rights Movement

Where do we stand now on Where do we stand now on the question of race?the question of race?

• Jim Crow laws are goneJim Crow laws are gone

• Public facilities and schools (mostly) Public facilities and schools (mostly) integratedintegrated

• Housing and social life (mostly) segregatedHousing and social life (mostly) segregated

• African-Americans hold many local political African-Americans hold many local political positionspositions

• The economy, wealth, and national political The economy, wealth, and national political power still (mostly) in the hands of Whitespower still (mostly) in the hands of Whites

• Affirmative action restricted and Affirmative action restricted and controversialcontroversial

Median Income (Men), 1960-2000Median Income (Men), 1960-2000

WhitesWhites Afr-AmerAfr-Amer PercentagePercentage**20002000 29,69629,696 21,66221,662 73%73%19901990 27,18227,182 16,52216,522 61%61%19801980 26,51926,519 15,93615,936 60%60%19701970 27,08827,088 16,06916,069 59%59%19601960 21,29421,294 11,20211,202 53%53%

*Income of African-American men *Income of African-American men expressed as a percentage of the income expressed as a percentage of the income of White menof White men

What What idealideal should we embrace? should we embrace?

Two competing ideas:Two competing ideas:

1. The Color-Blind Society1. The Color-Blind Society

What What idealideal should we embrace? should we embrace?

Two competing ideas:Two competing ideas:

1.1. The Color-Blind SocietyThe Color-Blind Society

2.2. Black Pride and HeritageBlack Pride and Heritage

What What idealideal should we embrace? should we embrace?

Two competing ideas:Two competing ideas:

1.1. The Color-Blind SocietyThe Color-Blind Society

2.2. Black Pride and HeritageBlack Pride and Heritage

A model that might combine A model that might combine these two: The position of these two: The position of American Jews within the American Jews within the larger societylarger society