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Chapter 6 Civil Rights. . To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform , 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009. Slavery Before the Civil War. Slave trade banned in 1808.
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Chapter 6Civil Rights To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009
Slavery Before the Civil War • Slave trade banned in 1808. • South remains dependent on slave labor. • 1820 Missouri Compromise line at 36 degrees latitude. • Development of American Anti-Slavery Society in 1833. • Women meet at Seneca Falls in 1848. • Publication of Uncle Tom’s Cabin in 1852. • Dred Scott decision in 1857 condones slavery.
The Aftermath of the Civil War • Thirteenth Amendment abolishes slavery. • South uses Black Codes to restrict rights. • Fourteenth Amendment gives equal protection. • Fourteenth Amendment also grants due process of law. • Fifteenth Amendment gives blacks right to vote. • Women are still excluded from suffrage.
Civil Rights after Reconstruction • Southern defiance leads to 1875 Civil Rights Act. • Courts still uphold discriminatory Jim Crow laws. • Supreme Court agrees in Civil Rights Cases (1883). • South also uses poll taxes to block black voters. • Grandfather clauses added to allow poor whites to vote.
Black Equality, 1890-1954 • Plessy v. Ferguson (1896) upholds segregation. • NAACP founded in 1909. • Full legal attack on segregation begins in 1930s. • NAACP LDF uses test case litigation to win rights. • Gradual success in law schools and colleges. • Brown v. Board of Education (1954). • Importance of the equal protection clause.
Women’s Equality, 1890-1954 • Women first work for wage laws and prohibition. • National Consumers’ League plays key role. • Later, the suffrage movement is the central focus. • Led by National American Woman Suffrage Association. • Achieve success with the Nineteenth Amendment.
The Civil Rights Movement • Segregated schools must be dismantled. • Some states try to resist; Arkansas as example. • Rosa Parks challenges segregated busses. • Formation of SCLC (rallies) and SNCC (sit-ins). • Martin Luther King’s “I Have a Dream Speech.”
The Civil Rights Act of 1964 • Outlaws segregation in public facilities. • Bans discrimination in employment, education, voting. • Provides for federal intervention. • Creates Equal Employment Opportunity Commission. • Applies to race, color, religion, origin, and sex. • Attempt to eliminate de jure discrimination. • Could do little about de facto discrimination.
Women’s Rights Movement • Formation of National Organization for Women. • Publication of The Feminine Mystique. • ACLU’s efforts to litigate for equal rights. • Congress adopts Equal Rights Amendment. • Amendment never ratified. • Now known as Women’s Equality Amendment.
Equal Protection Clause • Part of Fourteenth Amendment. • Three different standards of review. • Most laws subject to rational basis test. • Intermediate standard applied to gender. • Suspect classifications subject to strict scrutiny. • Level of scrutiny is crucial to constitutionality of laws.
Statutory Remedies • Equal Pay Act of 1963. • Title VII of the Civil Rights Act of 1964. • Title IX of Education Amendments of 1972.
Hispanic Americans • Largest and fastest growing group in the U.S. • High levels of activism and rallies begin in 1960s. • United Farm Workers, National Council of La Raza. • Use of litigation by LULAC and MALDEF. • Voting, education, and immigration are major issues.
American Indians • Unique status under U.S. law. • History of isolation and then assimilation. • Native American Rights Fund handles litigation. • Major issues are hunting, fishing, and land rights. • Also have had struggles about religious freedom. • Growth of Indian casinos.
Asian Pacific Americans • Difficulty finding Pan-Asian identity. • History of restrictions on immigration and employment. • Internment of Japanese Americans in World War II. • Korematsu v. U.S. (1944). • Increasing mobilization and efforts to elect leaders.
Gays and Lesbians • Major gains have been made in recent years. • Lambda Legal, Lesbian Rights Project, GLAD. • “Don’t Ask, Don’t Tell” considered failure. • Lawrence v. Texas (2003). • Success in states with gay marriage.
Americans with Disabilities • 1990 Americans with Disabilities Act. • Requires employers to accommodate the disabled. • Tennessee v. Lane (2004) binds states to law. • American Association of People with Disabilities. • Often work with right to life groups.
Affirmative Action • Gives special advantages to disadvantaged groups. • Bakke decision lays groundwork for 1980s battle. • Supreme Court plays major role. • 2003 Grutter and Gratz decisions. • Quotas not acceptable, some preference is okay.
Workplace Discrimination • Equal pay suits at Wal-Mart. • Ledbetter decision sets time limit for pay equity suits. • Concern about hiring illegal immigrants. • Violations of immigrants’ rights after 9/11.
