Chapter 5 - Civil Rights Learning objectives:

1. Chapter 5 - Civil RightsLearning objectives: • Define equality, and review differences between Civil Rights vs. Civil Liberties. • Trace the historic struggle of African Americans for racial equality and civil rights. • Discuss post-reconstruction racial restrictions and state enforced segregation. • Examine Equal Protection, and the role of the NAACP and Brown v. Board of Ed. • Examine the Civil Rights Act of 1964 and the Voting Rights Act of 1965. • Discuss the struggle of Asian & Hispanic Americans, & their growing political clot. • Discuss historic discrimination against American Indians and other minorities. • Examine the struggle of women for Equal Protection under the 14th Amendment. • Discuss gender equality and the ERA: economics, Title IX, and the “glass ceiling.” • Discuss rights of disabled Americans, and assess the effect of the ADA of 1990. • Discuss the conflict surrounding “Gay Rights” and “Don’t Ask, Don’t Tell” policy. • Examine the Supreme Court’s role in protecting civil rights and contrast its various tests to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny. • Assess efforts to balance the conflict between: equal opportunity and equal outcome. • Discuss the pros and cons and constitutionality of affirmative action, and its impact. • Summarize theConstitutional Amendments and major guarantees of Civil Rights.

2. Civil Liberties versus Civil Rights • Civil Liberties => Bill of Rights => • Individual’s protection of his/her freedoms • Limits & prohibition (-) against Gov. actions • Civil Rights=> 14th Amendment => • Equal protection under the law • Gov. actions (+) to guarantee equality before law • What kind of equality is guarantied? • What are the different types of equality?

3. Equality’s different interpretationsEqual treatment to all for: • Equality before the law? • Political equality? • Equality of opportunity? • Equality of results? • Conflict over constitutional interpretation=> • What & how much Government should protect • How to protect & balance the rights of everyone • Society’s Liberties vs. Minorities’ Civil Rights

4. Civil Rights applied to who? The term “civil rights” includes the equality of rights for the following minorities in varying degrees: ETHNICITY RACE Gender RELIGION SEXUAL ORIENTATION “Civil Rights” came about as a result of what contentious & “peculiar” institution in America’s history?

5. Slavery in AmericaA Timeline: 1619-1857 Key events in the history of slavery 1619 First slaves arrive 1787 The 3/5th rule Despite import ban the slave trade continued 1808 Importing slaves made illegal… When did this start to change & what are the sources of Civil Rights?

6. Sources of Civil Rights 14thAmendment Court Decisions State Legislatures US Congress Civil Rights

7. The Struggle for Civil RightsA Timeline of Key Events (1857-1875) Congress moves to establish Civil Rights 1866 to 1877 Congress passes Civil Rights Laws plus 14th & 15th Amendments 1857 Impact of Dred Scott 1865 13th Amendment ratified 1865 Reconstructionbegins & The South’s Response => The Black Codes 1863 Emancipation Proclamation Examine these event in greater detail=>

8. Dred Scott vs. 13th Amendment 1857- African Americans not citizens so they are not entitled to civil liberties Dred Scott 1865- Slavery was made illegal 13th Amendment

9. Black Codes vs. 14th Amendment Laws that prevented African-Americans from buying property, signing contracts, and serving on juries Black Codes Granted citizenship to “all persons born or naturalized in the United States“- Equal Protection & Due Process 14th Amendment 15th Amendment Gave African-American men the right to vote

10. The Struggle for Civil RightsTimeline: 1876-1909 Court rules against Civil Rights Laws 1876: US v. Cruikshank & US v. Reese 1896: Plessy v. Ferguson 1873 Supreme Court Ruling virtually nullifies 14th Amendment 1909 Civil Rights advocates’ response:NAACP Compromise of 1877=> Reconstruction ends & Jim Crow Laws begin 1865 Ku Klux Klan formed- (Revived 1915) Role of the Supreme Court?

11. Court overturns Civil Rights Laws 1876: Laws against individual violations of Civil Rights Unconstitutional US v. Cruikshank • U 1876: No guarantee to all of Right to Vote US v. Reese 1896: Separate but Equal Standard Plessy v. Ferguson

12. Getting around Civil Rights:Jim Crow Laws • Significance of Jim Crow Laws? • - Officially sanctioned what? segregation What kind of segregation does Jim Crow it sanction? De Jure Segregation: Laws that discriminated against African Americans, usually by enforcing segregation.

13. The Struggle for Civil RightsTimeline: 1915-1948 Court Reverses its negative Direction on Civil Rights 1915 Guinn v. US 1948 Truman’s Executive Order => desegregates the Armed Forces 1938 Missouri referred to in Gaines v. Canada 1917 Buchanan v. Warley 1944 Smith v. Allwright

14. Supreme Court Moves Civil Rights Forward Once Again (1915-1917): 1915- The court ruled the so-called “grandfather” clauses were unconstitutional Guinn v. U.S. 1917-The court ruled that preventing African-Americans from buying homes in “white” neighbors was unconstitutional Buchanan v. Warley

15. Further Advances in Civil Rights 1938- The court ruled that Missouri had to establish truly equal facilities Gaines v. Canada 1944- The court ruled that white only primary elections were unconstitutional Smith v. Allwright

16. Major Turning Point in Civil RightsWhat major Court ruling changed the course for Civil Rights? Brown v. Board of Education I: • 1954:Supreme Court ruled thatseparate was not equal and that public schools must be desegregated. Role played by Thurgood Marshall? • Chief Justice Earl Warren: “Separate educational facilities are inherently unequal.”=> impact? Supreme Court reversesPlessy v. Ferguson => The legal end of ”De Jure Segregation” Was that the end of segregation?

17. Brown v. Board of Education II: • States- especially in South, resisted • Result: Court orders “All deliberate speed”? • South’s reaction => massive resistance • What was the Federal Government’s response? • Federal Government’s Response: • 1957 Little Rock High School • Ike & National Guard • 1962 University of Mississippi • JFK & 82nd Airborne • 1963 University of Alabama • JFK forces Governor Wallace to back down • It would take 15 yrs from Brown I to de-segregate

18. The Civil Rights Movement • Strategy: Non-violent protest of segregated society • Movement’s tactic: Civil disobedience=> • Greensboro “Lunch counter sit-in” (1960) • CORE Freedom Rides – summer of 1961=> • Escalating violence • MLK & Birmingham protest march=> violence • Voter registration drives in South => violence • Tactics serving strategy: Non-violent protesters attacked by police dogs on national TV • Nation’s reaction => impact on Congress?

19. Congressional Response • Civil Rights Acts (1957-1960) => • short of the mark • JFK’s assassination => impact on Congress? • Guilt and momentum & LBJ’s support => • Civil Rights Act of 1964(EEOC) • Voting Rights Act of 1965(significance?) • Voting Rights Acts (follow-up & expansion) of 1968,1974,1991

20. The Continuing Fight Against Discrimination • De facto segregationversusde jure segregation? • School integration trends by composition (Figure 5-2): Any improved $$$ opportunity? Political gains?

21. Discrimination Against Ethnic Minorities & Groups • Asian Americans – past de jure discrimination laws • California discrimination laws of 1850s • Exclusion Act of 1882 & 1892 (Anti-Chinese) • Gentlemen’s Agreement Between TR & Japan • California laws barring land ownership by Asians • WWII Internment Camps- upheld by Supreme Court-1944 • Educational & economic success in spite of above • Growing political influence evident

22. Hispanic Americans • Now largest American minority (13+%) • California & Texas de jure discrimination laws • Long history of past discrimination • Bilingual education debate • (Spanish or English?) • Immigration Acts & Reforms=> • continuing concern • Job discrimination by employers at risk • Laws against hiring illegal aliens • Economic demand for labor

23. American Indians • Population decline: (70 million => 210K => 2.2 million) • (Pre-Columbus => following European Colonization => today) • Brutal history of past discrimination & repression • Trail of Tears & regular relocation • Treaty violations to take Indian lands • Indian Wars (1864 & 1890) • “Battle” of Wounded Knee (1890)- massacre of prisoners • Supreme Court decision of 1884 => • Indians not citizens • American Indian Movement (AIM) • Alcatraz Island occupation (Treaty entitlement) • Wounded Knee Hostage crisis (1973) => violence & death • Gradual improvement with time?

24. Gradual improvements • Indian Citizenship Act of 1924 • Indian Civil Rights Act of 1968 (applied Bill of Rights) • Supreme Court rulings favor Indian claims recently: • $17.1 M+ interest for claims against Federal Gov. • Special hunting & fishing rights upheld • Special status for gambling for California tribe • Congress: Indian Gaming Regulatory Act (States) • If state allows gambling=> must give Indians same rights

25. Other Minorities- Arab Americans • Civil Rights Act of 1866 => • applied to all ethnic minorities • Protects against wide rage of discrimination => • Any ethnic group discriminated against can now sue • Unknown factor: 9/11 & Patriot Act (TBD)

26. Discrimination Against Women • 19th Century paternalistic attitude of men • Supreme Court Decisions reflected above: • Dominate attitude: comply with “…law of the Creator.” • Prevailing middle class attitude (Industrial Revolution) • Campaigning for the Right to Vote: • Women’s movement– Seneca Falls Declaration • Cady Stanton & Lucretia Mott’s roles • Declaration of Sentiments (quoted in Text) • Supported Abolition & latersuffrage for Af. Americans • Aim: Gain own suffrage in the process • Suffrage campaign for women => • Struggle for right to vote (1860 -1920) • Finally culminating in what Amendment?

27. Women’s Fight for Equal Rights on Capitol Hill • The Feminine Mystique by Betty Friedan => • Movement reemerges during 1960s => • Women questioned society’s established roles for women • Civil rights movement provides strategy & tactics • NOW => Equal Pay Act of 1963 (with mixed results) • Equivalent vs. comparable jobs debate (pay still falls short of men’s) • Congress enacts key legislation against discrimination: • Civil Rights Act of 1964 => unintended (“poison pill”) results • Title IX of Higher Education Act of 1972 => impact? • Other Legislation advancing women’s rights: • Equal Opportunity Credit Act of 1974- loans in own name • 1978: Congress prohibited job discrimination – for pregnancy • Family & Medical Leave Act (1993) (Clinton’s support) • Violence Against Women Act (1994) – anti-domestic violence • Congress strengthened above act in 2000 over Court action • ERA Amendment falls short of ratification (Figure 5-3)

28. Fight for Equal Rights in the Courts • 1971 => Supreme Court finally acts – Idaho law- on wills • Subsequent rulings prohibit sex discrimination at work • Newspaper ads- no more separate categories • Prospective employer discrimination against mothers banned • No Mandatory maternity leave • No excessive pension contribution • No State (military) all-male colleges (VMI & Citadel-1996) • Also applied anti-discrimination laws to men • Drinking age (18 vs. 21) in Oklahoma (1976)- unconstitutional • Alabama law barring men’s alimony suits overturned • Exceptions: draft registration & widow tax exemptions • Certain hiring & promotion decisions may be acceptable • Intermediate scrutinycriterion (to be discussed later)

29. Continuing Struggle Against Sex Discrimination • Important gains made in Government & Business/Corps: • Congress, executive branch, military, Supreme Court • Corporate executives & women owned businesses up • Still => women (51% population) => still in “minority” • Representation at CEO level of major corporations? • Why? => “glass ceiling”? • Need larger middle executive base to draw on • Debate & disagreement rages among women themselves • Activists v. other women disagree over goals & strategy

30. Extending Civil Rights • People with Disabilities • Americans with Disabilities Act of 1990 • Balance between benefit versus costs to businesses • People with Age Claims • Age Discrimination Act of 1975 • Exceptions (discussed later) & application to states (TBD) • Gays and Lesbians • Clinton support for gay rights was rebuffed by Congress • “Gays in Military” policy strongly resisted by military professionals • Compromise policy result: => “Don’t Ask, Don’t Tell” • Continued with George W. Bush Administration • Gay Marriage and/or Civil Union issue: • Entire issue highly controversial & hotly debated

31. Assignment for Next Class • Remaining Civil Rights Learning Objectives (LOs) • Examine the Supreme Court’s role in protecting civil rights and contrast its various tests to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny. • Assess efforts to balance the conflict between: equal opportunity and equal outcome. • Discuss the pros and cons and constitutionality of affirmative action, and its impact. • Summarize theConstitutional Amendments and major guarantees of Civil Rights. • Select your Research Paper (RP) Question • RP Guidance presented • Class delay (Luncheon Learn)

32. Chapter 5b: Civil Rights – Learning objectives • Know and understand Key Terms (in bold) in context with learning objectives below: • Examine the Supreme Court’s role in protecting civil rights and contrast its various tests to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny. • Assess efforts to balance the conflict between: • equal opportunity and equal outcome. • Discuss the pros and cons and constitutionality of affirmative action, and its impact. • Summarize theConstitutional Amendmentsand major guarantees ofCivil Rights.

33. The Burden of Proof- Tests: • Rational scrutiny • Reasonable & consistent criteria (examples?) • Driver’s Licenses, drinking age, commercial pilot retirement age • Intermediate scrutiny • Serve important gov. interests, and… • Directly related to achieving important objectives • Special Forces, SEALs, Rangers & other Combat units • (War in Iraq’s potential impact on this policy?) • Skeptical scrutiny? (Applied by Ginsburg for VMI-1996) • More stringent test for gender cases? (TBD) • Strict scrutiny • Compelling government reason for discrimination • What kind of discrimination? • Which of above Tests has highest burden of proof?

34. Affirmative Action • Equal Opportunity or Equal Outcomes? • Constant struggle to find the right balance • Title IX & its impact on male gym & wresting teams • University criteria for acceptance of new students • Diversity goals, race factor considerations & quotas • What does heavy reliance on equality of outcome risk? • Reverse Discrimination- • Bakke v. UC DavisSupreme Courtdecision=> • Race may be a factor in selection process • But not the only factor • Recent Supreme Court case against U. of Michigan • Selection and admission criteria had to be revised • “quotas” based on point system was unacceptable to court

35. The Constant Struggle of Civil Rights The Bottom Line: • Majority’s Civil Liberties vs. Minorities’ Civil Rights

36. KEY TERMS – Civil Rights • Affirmative action: Programs designed to take positive actions to increase the number of women and minorities in jobs and educational programs. • Americans with Disabilities Act of 1990: An act of Congress that seeks to minimize job discrimination, to maximize access to government programs, and ensure access to public accommodations for people with disabilities. • Brown v. Board of Education: The landmark 1954 Supreme Court decision holding that separate was not equal and that public schools must be desegregated. • Brown v. Board of Education II: The 1955 Supreme Court decision that stated that the nation’s entrenched system of segregated schools should desegregate with “all deliberate speed.” • Civil disobedience: Nonviolent refusal to obey laws perceived to be unjust. • Civil rights: The equality of rights for all people regardless of race, sex, ethnicity, religion, and sexual orientation. Civil rights are rooted in the courts’ interpretation of the Fourteenth Amendment and in laws that Congress and the state legislature pass. • Civil Rights Act of 1964: An act of Congress that outlaws racial segregation in public accommodations and employment and prevents tax dollars from going to organizations that discriminate on the basis of race, color, or national origin. • Civil rights movement: The mobilization of people to push for racial equality. • De facto segregation: Segregation that results from the actions of individuals rather than the government. • De jure segregation: Government-imposed laws that required African Americans to live and work separately from white Americans. • Equal Pay Act of 1963: An act of Congress that banned wage discrimination to people based on sex, race, religion, or national origin.

37. Key Terms (continued) • Intermediate scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Intermediate scrutiny lies somewhere between the rational and strict scrutiny standards. It requires the government to show that a discriminatory law serves important governmental interests and is substantially related to the achievement of those objectives, or a group to show that the law does not meet those two standards. • Jim Crow laws: Laws that discriminated against African Americans, usually by enforcing segregation. • Lynching:The unlawful killing, usually by hanging, of a person by a mob. • Massive resistance: The policy many southern states followed in the wake of the first Brown decision of fiercely resisting desegregation. • Rational scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Rational scrutiny requires the government only to show that a law is reasonable and not arbitrary. • Reverse discrimination: Laws and policies that discriminate against whites, especially white males. • Separate-but-equal standard: The now-rejected Supreme Court doctrine that separation of the races was acceptable so long as each race was treated equally. • Strict scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Strict scrutiny requires the government to show a compelling reason for a discriminatory law. • Suffrage: The right to vote. • Voting Rights Act of 1965: An act of Congress which bars states from creating voting and registration practices that discriminate against African Americans and other minorities. • Women’s movement: The mobilization of people to push for equality between the sexes.

38. Next Week: Chapt 6, Quiz & Test 1 • Chapter 6: Public Opinion • Quiz 1: Key Terms Chapters 1-5: • Scantron 50/50 (green side) with #2 pencil • Administered next Monday! • Test 1: Key Terms Chapters 1-5 • Scantron 50/50 (green side) with #2 pencil • Administered next Wednesday • Work on your own on Research Papers after completion

39. Bill of Rights Summary

40. Civil Rights Summary