Essential Questions

1. Essential Questions • Define Civil Rights • Why are the 13th & 15th amendments Civil Rights, instead of Civil Liberties • Civil Rights Cases of 1883 led to what? • How were POC denied the right to vote? • Why is Brown important? • Explain CRA 1964 • Explain VRA 1965 • Contrast Strict versus heightened scrutiny • Explain women’s rights and Title IX • How did DOMA violate the Constitution?

2. Chapter 9: Civil Rights ESSENTIAL QUESTION: HOW HAVE CONSTITUTIONAL PROVISIONS, THE SUPREME COURT, AND CITIZEN-STATE INTERACTIONS LED TO LAWS AND POLICIES THAT PROMOTE EQUALITY?

3. Civil Rights Protections from discrimination based on such characteristics as race, national origin, religion, and sex.

4. Dred Scott v Sanford revisited • Property – including slaves – cannot be taken away without just compensation through due process.

5. 13th Amendment

6. 15th Amendment

7. Civil Rights Acts of 1875 • Made it illegal for privately owned places of public accommodation – trains, hotels, and taverns – to make distinctions between black and white patrons. • But, Supreme Court will rule that the equal protection clause was meant to protect African Americans against unfair state action and not private shopkeepers in series of cases: Civil Rights Cases of 1883.

8. Jim Crow laws • Separated blacks and whites on trains, in theaters, in public restrooms, and in public schools.

9. Literacy test/Poll Taxes/Grandfather Clauses • All used to disenfranchise African Americans. • Literacy tests: test of reading skills before voting • Poll Taxes: fee required of voters • Grandfather Clauses: allowed states to recognize a registering voter as it would have recognized his grandfather • None violated 15th Amendment because they did not prevent voting “on account of race, color”

10. Guinn v US (1915) • Supreme Court holds grandfather clause unconstitutional.

11. Plessy v Ferguson (1896) • Supreme Court holds that “separate but equal” is constitutional.

12. NAACP • Organized in 1909 – National Association for the Advancement of Colored People • Dr. W.E.B. DuBois – one of first leaders • Thurgood Marshall – on first legal team • Defended blacks across the south • Got the “white primary” declared unconstitutional • Moved to get colleges and K-12 schools desegregated

13. Brown v Board of Education (1954) • Overturned Plessy v. Ferguson • Declared “separate but equal” unconstitutional as violation of 14th equal protection clause.

14. Letter from a Birmingham Jail • A counterargument written by MLK Jr., to the “A Call for Unity” letter written by 8 white clergymen from Birmingham. • Written after MLK Jr., was arrested for marching without a permit

15. Civil Rights Act of 1964

16. Civil Rights Act of 1964 • Required equal application of voter registration rules • Banned discrimination in public accommodations and public facilities • Empowered the Attorney General to initiate suits against noncompliant schools • Cut off federal funding for discriminating government agencies • Outlawed discrimination in hiring based on race, color, religion, sex, or national origin

17. Heart of Atlanta Motel v US (1964) • Motel owner claims CRA of 1964 violated his right to operate his private property as he saw fit. • Congress claimed interstate commerce clause allowed it to legislate behavior for private businesses • Supreme Court agreed with U.S.

18. 24th Amendment • Outlawed poll tax in any federal, primary, or general election. • Ratified in 1964 • Supreme Court extends to states in 1966.

19. March from Selma to Montgomery, AL

20. Voting Rights Act of 1965 • Empowered Congress and the federal government to oversee state elections in the Southern states. • Any state that used a “test or device” to determine voter qualifications • Effectively ended literacy tests • Required “preclearance” from U.S. Justice Department to change voter registration policies. • Voting districts cannot be drawn to dilute minorities • Majority/minority districts can be created to redress past discrimination in voting participation

21. Strict scrutiny • Highest standard of judicial review • 2 Parts: 1) must be a compelling state interest for the law 2) law is necessary to protect that compelling state interest and designed to be as narrow as possible. Shaw v. Reno (1993) and Cooper v. Harris (2017): - Race cannot be the dominant factor for drawing legislative districts.

22. Shelby County v Holder (2013) • Supreme Court struck down the formula that determines which districts are covered for preclearance • Stated that formula imposed burdens that “must be justified by current needs”

23. Voter ID laws and their affect • Conservatives: restore integrity in elections • Liberals: create voting impediment and unfairly disenfranchise lower socioeconomic groups • 34 states have some variation of voter ID laws

24. The Little Rock 9 • Central High School 1957, Little Rock, AR • Cooper v. Aaron (1958) – Supreme Court says AR cannot delay desegregation for 2 ½ years to prevent violence

25. Swann v Charlotte – Mecklenburg (1971) • Supreme Court: mathematical ratios to achieve integration in schools in N.C. = constitutional • Milliken v. Bradley (1974) – Court: busing is not justified by Brown if boundaries were not drawn for the purpose of racial segregation.

26. Women’s Rights • Seneca Falls Convention (1848) – beginning of equal rights quest for women • Susan B. Anthony – In 1872, she cast a vote in violation of New York state law and was convicted. Later authored passage that would become the 19th Amendment. • Alice Paul – organized picket lines for 19th A. in D.C.; President Wilson eventually favors and Congress passes in 1919. Ratified in 1920. • Equal Pay Act (1963) – Employers must pay men and women same wage for same job.

27. Title IX • 1972 Education Amendments Act (amended the 1964 CRA) – guaranteed women the same educational opportunities as men in programs receiving federal government funding. • Colleges must offer comparable opportunities to women

28. Intermediate (heightened) Scrutiny • Test applied to gender discrimination • “Reasonableness” standard used for gender bias • Court unwilling to apply “strict scrutiny” test used for race and national origin

29. Equal Rights Amendment • Proposed in 1923 (Alice Paul) and every year thereafter • 1972 – passed both houses of Congress • 1982 – expired with only 35 of required 38 states having ratified • “Equality of rights under the law shall not be denied on account of sex.”

30. Gay Rights and Equality • Bowers v. Hardwick (1986) – Supreme Court ruled a state could regulate same-sex relations and behaviors as part of its police powers. • Lawrence v. Texas (2003) – Supreme Court reverses Bowers. Agreed that 14th Amendment E.P. clause is violated by state law outlawing same-sex relations because it singles out gays and lesbians.

31. Don’t Ask, Don’t Tell • Clinton’s compromise with Congress on gays serving in the military. • Obama administration got policy removed in 2010.

32. DOMA • 1996 Defense of Marriage Act • Declared states did not have to accept same-sex marriages recognized in other states • Violates Full Faith and Credit Clause of recognizes official documents from other states • Barred federal recognition of same-sex marriage for Social Security, federal income tax filings, and federal employee benefits.

33. Obergefell v Hodges (2015)

34. Regents of the Univ. of California v Bakke (1978) • Reverse discrimination case • UC-Davis med school reserved spots for minorities and women. • Bakke sued and Court ruled unconstitutional to set aside quotas.

35. Affirmative action https://www.youtube.com/watch?v=gJgQR6xiZGs

36. 14th Amendment • https://www.youtube.com/watch?v=qKK5KVI9_Q8

37. Essential Questions • Define Civil Rights • Why are the 13th & 15th amendments Civil Rights, instead of Civil Liberties • Civil Rights Cases of 1883 led to what? • How were POC denied the right to vote? • Why is Brown important? • Explain CRA 1964 • Explain VRA 1965 • Contrast Strict versus heightened scrutiny • Explain women’s rights and Title IX • How did DOMA violate the Constitution?