Introduction to Civil Rights with the Civil Rights Movement

1. Introduction to Civil Rights with the Civil Rights Movement Chapter 6, Theme A

2. Pop Quiz 6 • In what city was JFK assassinated? • What case established the “separate but equal” doctrine? • What practice did the 24th Amendment outlaw? • Name 1 practice outlawed by CRA of 1964? • Who was arrested in Alabama for refusing to give up her seat in the front of a bus? • What state saw 3 young civil rights workers killed by the Klan & local sheriff?

3. Civil Liberties Basic human rights and freedoms guaranteed by the Bill of Rights Examples Free speech, fair trial, Religious freedom, expression Civil Rights The entitlement to equality and fairness to all people Examples Racial, gender, age, handicap, sexual preference equality Defining the Terms

4. How does the 14th Amendment incorporate civil liberties? Through its “due process” clause, states may not deprive people of civil liberties (life, liberty, or property). Examples? Gitlow, Near, Tinker, Engle, Miranda, Mapp, Gideon, Gregg, etc. How does the 14th Amendment incorporate civil rights? Through its “equal protection” clause, states may not treat people differently by laws or action. Examples? Brown, Reed, Bakke, Roe, Lawrence, Casey, etc. Comparing the Terms

5. Tyranny of the Majority • How does our country protect civil liberties & civil rights? • Guarantees in the Constitution • The BOR & Amendments • Legislation • Court Decisions • Are these true safeguards or can minorities still be oppressed? • Alexis de Tocqueville call this the “tyranny of the majority.” • Are we a democracy or a republic? Dangers of each?

6. Can the Government EVER legally treat people differently? • YES!! Some distinctions are legal, but are always subjected to suspect classification. • What legal distinctions can laws make? • Any law that makes a distinction must pass the strict scrutiny test. (Gov’t must show compelling reason for distinction & cannot find another way to quell the threat). • Also, must pass the rational basis test. (Gov’t must show a logical relationship between the distinction & the purpose of law).

7. Why have African Americans been treated unfairly? • Constitutionally allowed for more than a century--slavery • Minority • Racism • Fear • Lack of political power & allies

8. Campaign in the Courts • NAACP formed in 1909 to combat inequality. • Why did the NAACP turn to the Courts? • NAACP strategy went through a series of stages: • Step 1: Publicize obvious inequalities, addressed in 1938–1948 cases. • Step 2: Have courts decide that separation creates inequality in less obvious cases • Step 3: Have courts declare that separation is inherently unequal

9. Brown v. Board of Education • A “building campaign” began in the South. Why? • Tried to make schools more equal to keep separate. • .Jim Crow in Currituck.ppt • Unanimous Supreme Court opinion overturned Plessy decision. What rationale did they use? • Segregation is detrimental; creates sense of inferiority in African American students • The Court relied on social science, because the 14th Amendment was not necessarily intended to abolish segregated schools, and the Court sought a unanimous opinion.

10. Implementation • Why is it important that the Brown case was a class action lawsuit? • How did Congress react? • How did the President react? • What impact did integration have by the 1970s?

11. Ending Segregation • A year after Brown decision, the Supreme Court ruled that federal courts had the authority to oversee integration of segregated schools. This was to be implemented “with all deliberate speed.” • If desegregation was ordered by the Court, why did integration take so long?

12. Desegregation or Integration? • What is the difference? • De jure segregation was struck down by Brown decision, but de facto segregation was still the norm. Define the differences. • How did the Swann decision affect de facto segregation? • How did this lead to “white flight” and slow down integration?

13. “Front Burner” Issue NAACP knew the problem had to be placed on the public agenda. Change public opinion, but how? • Use media campaigns (Invite coverage of abuse) to play on sympathies of whites. http://www.youtube.com/watch?v=Xbbcjn4d1cE • Use civil disobedience to initiate dramatic confrontations (Rosa Parks) http://www.youtube.com/watch?v=v8A9gvb5Fh0 • Enfranchise black voters • Discourage riots as frustration grew over the slow progress.

14. The Campaign in Congress • Powerful Southern Democrats blocked nearly all legislation in committees or filibustered in Senate. The House Rules & Senate Judiciary Committees were the graveyards of legislation. • In 1957, Strom Thurmond filibustered for over 24 hrs to block civil rights legislation. • In 1964, a filibuster was ended by cloture leading to passage of the Civil Rights Act. • So, what led to this change?

15. The Campaign in Congress • How did the assassination of JFK help the civil rights movement? • How did the 1964 elections bring change? • The Civil Rights Act of 1964 & the Voting Rights Act of 1965 were landmark laws. Why were these so significant? • Discuss each.

16. What REALLY led to integration? • Futile resistance • Disruption of economy & government • Enfranchisement of blacks • Unsuccessful legal challenges • Withholding federal funds • Public opinion changed Is the battle over for civil rights? How have police tactics fueled debates over race?