Civil Rights

1. Civil Rights

2. Civil Liberty vs. Civil Rights • Civil liberties—guaranteed safety of persons, opinions or property from arbitrary actions of government • In other words…laws that protect citizens from the abuses of government • Civil rights—positive actions of government to seek constitutional guarantees for all people • In other words…laws that provided Constitutional protection by the government

3. Civil Rights…A Brief History

4. The Failure of Reconstruction • Political Hope • 13th Amendment ended slavery. • 14thAmendment made any person born or naturalized a citizen, and gave them “equal protection” and “due process of law”. • 15th Amendment had promised to give blacks full voting rights. • Political Realities • Racial discrimination • Poll taxes and literacy tests, voter intimidation • Poor and illiterate whites could vote, blacks couldn’t

5. The Failure of Reconstruction • Economic Hopes • Reconstruction hoped to destroy the plantation system, and redistributing land to former slaves—“40 acres and a mule” • Economic Realities • Northern concerns over constitutionally protected property rights, never really redistributed any substantial amounts of land. • But, white landowners still needed mass amounts of workers to till the fields. • Thus, plantation slavery was replaced by sharecropping

6. The Failure of Reconstruction • Social Hopes • 14th Amendment had promised a “color blind” society in which blacks and whites would be treated equally. • Social Realities • Jim Crow Laws—Southern states pass strict laws designed to keep the races separate—housing, schools, hospitals, drinking fountains, beaches, cemeteries, etc. • Plessyv. Ferguson—1896…even the Supreme Court abandons black Americans by stating that separate facilities are constitutional as long as they are equal.

7. Modern Civil Rights: Integration • Brown v. Board of Education—1954 • Declared the previous “separate, but equal” rationale of Plessyv. Ferguson to be unconstitutional • Violated the 14th Amendment “equal protection clause” • The Court ordered the States to make a “prompt and reasonable start” to end segregation

8. Modern Civil Rights: Integration • By 1970, de juresegregation (segregation required by law) was abolished • But, de factosegregation (segregation that existed in fact) was still occurring • Loving v. Virginia (1967) • State miscegenation laws against interracial marriage declared unconstitional

9. Modern Civil Rights: Integration • Today, issues like bussing and redistricting to address the socio- economic and racial integration have been instituted to ensure “equal protection”

10. Modern Civil Rights: Gender Equality • 19th Amendment extended suffrage to women • Title IX of the Education Am. of 1972 gave equal protection to females in “any educational program that receives federal financial assistance” • The Supreme Court has upheld 14th Amendment equal protection for women: • Jury duty (Taylor v. Louisiana,1975) • In private military academies (VMI) (US v. Virginia,1996)

11. Federal Civil Rights Laws • Civil Rights protection extends to: • Race • Color • Religion • National origin • Sex • Physical disability (in some cases) • Age (in some cases)

12. Modern Civil Rights: Civil Rights Acts • Civil Rights Act of 1964 • Longest debate in Senate history—83 days • Extended protection of voting rights • Protected against discrimination in public facilities (restaurants, movie theaters, etc.) • Forbid employers or unions to discriminate

13. Modern Civil Rights: Civil Rights Acts • Civil Rights Act of 1968 • Often called the Open Housing Act • With some exceptions, make it unconstitutional to refuse to sell or rent based on race, color, religion, national origin, sex, or disability. • Also discriminatory to refuse families with children. • 1988, Congress gave it “criminal” legal status.

14. Modern Civil Rights: Affirmative Action • Affirmative Action—a policy that requires most employers and institutions to take positive steps to remedy the effects of past discrimination • Quotas-Companies are required to hire a % of minority and female employees

15. Modern Civil Rights: Affirmative Action • Critics argue it promotes “reverse discrimination” • They say it removes merit and ability—giving the job to a less-qualified minority, rather than the “best person for the job.” • In recent years, California, Washington, and Michigan, voters have overwhelmingly chosen to eliminate their states’ affirmative action policies

16. Modern Civil Rights: Affirmative Action • Significant Supreme Court cases • Regents of U. of Cal. V. Bakke(1978) • Bakke, a white medical school applicant • 16 of 100 seats were set aside for minorities • Court ruled the quota violated 14th Am. Equal Protection Clause

17. Modern Civil Rights: Affirmative Action • Adarand Construction v. Pena (1995) • Construction company who challenged the Federal Highway Admin. awarding of bonuses to firms who subcontracted at least 10% to “disadvantaged” businesses • Court ruling tightened requirements—only if it shows “compelling government interest”

18. Modern Civil Rights: Affirmative Action • Schuettev. the Coalition to Defend Affirmative Action (2014) • Court upheld Michigan’s state ban on affirmative action, stating it did not violate the 14th Amendment Equal Protection Clause because it was a policy chosen by the voters of Michigan • Arguments that affirmative action may do “more harm than good…”