Civil Rights

2. 5 Civil Rights

3. Video: The Big Picture 5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch05_Civil_Rights_Seg1_v2.html

4. 5 Learning Objectives Trace the efforts from 1800 to 1890 of African Americans and women to win the vote 5.1 Outline developments of African Americans’ and women’s push for equality from 1890 to 1954 5.2

5. 5 Learning Objectives Analyze the civil rights movement and the effects of the Civil Rights Act of 1964 5.3 Assess statutory and constitutional remedies for discrimination pursued and achieved by the women’s movement 5.4

6. 5 Learning Objectives Describe how other groups have mobilized in pursuit of their own civil rights 5.5 Evaluate the ongoing debate concerning civil rights and affirmative action 5.6

7. Video: The Basics 5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilRights_v2.html

8. What are Civil Rights? Civil Rights refers to the positive acts governments take to protect against arbitrary or discriminatory treatment by government or individuals.

9. Segregation De jure (required by law) segregation-occurred when local, state, or national laws required racial separation Ex. -widespread in the South for about 80 years De facto (in reality) segregation Ex.-residential housing patterns, economic factors, personal choice, "white flight" from central cities, discrimination by home owners, real estate agents, and lending institutions

10. Black Codes Southern states passed laws (Black Codes) that prohibited Black Americans from: Voting Sitting on juries Or even appearing in public places Rights Movement.

11. Jim Crow Laws • During the years of Jim Crow, state laws mandated racial separation in: • schools • parks • playgrounds • restaurants • hotels • public transportation • theatres • restrooms • These laws remained in effect throughout the 1960’s Civil Rights Movement.

12. Thirteenth Amendment banned all forms of slavery and involuntary servitude Fourteenth Amendment guarantees equal protection of the laws and due process to all citizens Fifteenth Amendment specifically gives blacks the right to vote Women’s rights were not addressed in these Amendments! 5.1 The Civil War and Its Aftermath: Civil Rights Laws and Constitutional Amendments

13. Civil Rights, Congress, and the Supreme Court Civil Rights Act of 1875 Equal access to public accommodations Reconstruction (federal occupation of the South) ended 1877 Jim Crow laws Poll taxes Grandfather clause Literacy Tests to vote 5.1

14. Sample Questions from a Literacy Test State of Louisiana One wrong answer denotes failure of the test. (10 min) Draw a line around the number or letter of this sentence. Draw a line under the last word in this line. Cross out the longest word in this line. Draw a line around the shortest word in this line. Circle the first, first letter of the alphabet in this line. In the space below draw three circles, one inside the other. Above the letter X make a small cross. Draw a line through the letter below that comes earliest in the alphabet. ZVSEDGMKYTPHC Draw a line through the letter below that comes last in the alphabet. ZVSEDGMKYTPHC In the space below write the word noise backwards and place a dot over what would be its second letter should it have been written forward. Give your age in days.

15. 5.1 What did Jim Crow laws do?

16. The Push for Equality, 1890-1954 5.2 • The Founding of the National Association for the Advancement of Colored People • Key Women’s Groups • Litigating for Equality

17. The Founding of the National Association for the Advancement of Colored People Race riots Progressive reformers worried such riots would get worse National Association for the Advancement of Colored People Oswald Garrison Villard W.E.B. Du Bois 5.2

18. 5.2 Why was the Niagara Movement founded?

19. Key Women’s Groups National American Woman Suffrage Association Headed by Susan B. Anthony Nineteenth Amendment National Woman’s Party National Consumers League Woman’s Christian Temperance Union 19th Amendment: Women are granted the franchise (right to vote) 5.2

20. 5.2 Mr. President, how long must we wait for liberty?

21. Litigating for Equality Test Cases Challenged constitutionality of segregated law schools NAACP Legal Defense and Educational Fund Brown v. Board of Education (1954) Struck down “separate but equal” Brown v. Board of Education II (1955) A year later, in Brown II the Court ruled that segregated systems must be dismantled “with all deliberate speed.” 5.2

22. Video: In Context 5.3 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilRights_v2.html

23. Explore Civil Rights: Are All Forms of Discrimination the Same? 5.2 http://media.pearsoncmg.com/long/long_oconnor_mpslag_12/pex/pex5.html

24. The Civil Rights Movement 5.3 • School Desegregation After Brown • A New Move for African American Rights • Formation of New Groups • The Civil Rights Act of 1964 • Statutory Remedies for Race Discrimination

25. 5.3 When is a picture worth more than a thousand words?

26. The Civil Rights Act of 1964 • Outlawed arbitrary discrimination in voter registration • Barred discrimination in public accommodation • Authorized the US Justice Department to initiate lawsuits to desegregate schools and public facilities • Allowed the federal government to withhold funds from discriminatory state and local programs • Prohibited discrimination on the basis of race, color, religion, national origin or sex • Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce bans on employment discrimination

27. Voting Rights Acts of 1965 Outlawed literacy tests and Poll tax Helped to register new voters

29. The Impact of the Civil Rights Act of 1964 • Southerners argued that the Act violated the Constitution and was an unwarranted use of federal power. • The Court ruled that state imposed (de jure) segregation must be eliminated at once. • However, a full decade after Brown, less than 1% of African American children in the South attended integrated schools. • Over time, these rulings and laws opened up numerous occupations to minorities but especially to women.

30. The Women’s Rights Movement 5.4 • The Equal Rights Amendment • The Equal Protection Clause and Constitutional Standards of Review • Statutory Remedies for Sex Discrimination

31. The Equal Rights Amendment Two key provisions: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Roe v. Wade Eroded support for Equal Rights Amendment 5.4

32. 5.4 Who continues to fight for the ERA?

33. The Equal Protection Clause and Constitutional Standards of Review Levels of scrutiny Suspect classifications Strict scrutiny Intermediate scrutiny Rational basis Craig v. Boren (1976) 5.4

34. 5.4 TABLE 5.1: What are the standards of review fashioned by the Court under the Equal Protection Clause?

35. Statutory Remedies for Sex Discrimination Equal Pay Act of 1963 Requires equal pay for equal work Title VII of Civil Rights Act of 1964 Prohibits gender discrimination by employers Title IX of the Education Amendments of 1972 Bars educational institutions that receive federal funds from discriminating against female students 5.4

36. Title IX: Student Participation in Athletics • The Women's Educational Equity Act of 1974 • In the assessment of the "interests and abilities" portion of the Title IX regulations, a three part test governs. All that is required under Title IX is that an institution be in compliance with one part of that test. No one part of the test is the predominant or "true" measure of compliance. The three parts of the test are: • Part One: Substantial Proportionality. This part of the test is satisfied when participation opportunities for men and women are "substantially proportionate" to their respective undergraduate enrollments.Part Two: History and Continuing Practice. This part of the test is satisfied when an institution has a history and continuing practice of program expansion that is responsive to the developing interests and abilities of the underrepresented sex (typically female).Part Three: Effectively Accommodating Interests and Abilities. This part of the test is satisfied when an institution is meeting the interests and abilities of its female students even where there are disproportionately fewer females than males participating in sports.

37. Title IX • Considering that it wasn't until 1920 that the 19th Amendment of the Constitution was ratified, giving women the right to vote, the bare numbers are nonetheless astonishing: • In 1971, the year before Title IX became law, fewer than 300,000 girls participated in high school sports, about one in 27. Today, the number approaches 3 million, or approximately one in 2½. • The number of women participating in intercollegiate sports in that same span has gone from about 30,000 to more than 150,000. In the last 20 years alone, the number of women's college teams has nearly doubled. • Before Title IX, only tennis and golf had established professional tours. Today, there are also women's professional leagues for soccer, volleyball, bowling and two for basketball. Women have even made inroads in the traditionally male sport of boxing.

38. 5.4 What are the practical consequences of pay equity?

39. Video: Thinking Like a Political Scientist 5.4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_CivilRights_v2.html

40. Other Groups Mobilize for Rights 5.5 • Hispanic Americans • American Indians • Asian and Pacific Island Americans • Gays and Lesbians • Americans with Disabilities

41. Hispanic Americans Hernandez v. Texas (1954) Jury should include other Mexican Americans Cesar Chavez United Farm Workers Union Mexican American Legal Defense and Educational Fund (MALDEF) Puerto Rican Legal Defense and Education Fund (renamed LatinoJustice) 5.5

42. 5.5 Who represents Hispanic Americans in Congress?

43. American Indians Northwest Ordinance of 1787 Dawes Act (1887) Native American Rights Fund (1970) Bury My Heart at Wounded Knee 5.5

44. 5.5 How were American Indians treated by the U.S. government?

45. Asian and Pacific Island Americans Pan-Asian identity Difficult to forge Free migration to support railroad Chinese Exclusion Act World War II Korematsu v. U.S. Civil Liberties Act 5.5

46. 5.5 How were Japanese Americans treated during World War II?

47. Gays and Lesbians Don’t Ask, Don’t Tell Revised prohibition of gays in military Ended in 2010 Lawrence v. Texas (2003) Same-sex marriage Legal only in some states 5.5

48. Video: In the Real World 5.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_CivilRights_v2.html

49. 5.5 Why is same-sex marriage controversial?

50. Americans with Disabilities Education for All Handicapped Children Act of 1975- free public education regardless of disability. Disabled veterans Returning from Korea and Vietnam Americans with Disabilities Act 1990 Legal protections against discrimination American Association of People with Disabilities Advocacy group 5.5