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PSCI 1101 4 Oct 2007

PSCI 1101 4 Oct 2007. Civil Rights ► Post Civil War □ amendments □ practical politics ► de jure discrimination versus de facto discrimination ► Judicial versus legislative action. Civil rights : Freedom to . Clarifies that civil liberties apply to all.

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PSCI 1101 4 Oct 2007

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  1. PSCI 11014 Oct 2007 Civil Rights► Post Civil War□ amendments□ practical politics► de jure discrimination versus de facto discrimination► Judicial versus legislative action

  2. Civil rights: Freedom to. Clarifies that civil liberties apply to all. Civil rights specify what government should do to avoid discriminatory application of civil liberties; positive rights.

  3. Reconstruction: 1865-1877 Post Civil War Amendments to the US Constitution • Thirteenth (formal emancipation) • Fourteenth (granted citizenship) • Fifteenth (guaranteed the right to vote)

  4. Politics of Black Civil Rightsfollowing the Civil War • Practical politics: African Americans now counted as full citizen in South; not as three-fifths. • South would gain thirteen congressional seats over its prewar level. • Fourteenth and Fifteenth Amendments. • Due process. • Equal protection. • Rights lost: failure of Reconstruction. • Vigilante violence. • Commitment from northern Republicans waned; passed laws, but no enforcement.

  5. Rights denied on the basis of race • Plessy v. Ferguson (1896) • Establishes “separate but equal” doctrine • Upholds segregation • Attempts to overturn Plessy • Missouri ex rel Gaines v. Canada (1938) • Sweatt v. Painter (1950) • Brown v. Board of Education (1954)

  6. Brown v. Board of Education of Topeka, Kansas 1954 Supreme Court case challenging school segregation. The Court’s unanimous decision: “In the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”

  7. De jure discrimination Discrimination arising from or supported by law E.g., segregated restrooms Easier to combat Overcome with procedural policies De facto discrimination Discrimination that is the result of tradition or habit E.g., neighborhoods in northern cities Harder to combat Overcome with substantive policies Rights denied on the basis of race: African Americans, cont’d.

  8. Historic Developmentsin Civil Rights Law Judicial decisions Legislative decisions, shared by Congress and the President

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