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Civil Rights Movement

Civil Rights Movement. Summary and Modern Concerns. Thus Far . . . Focus on Rights of African-Americans Factors in Change: Electoral Strength Organization (NAACP) Working within the system – lobbying, litigation Grassroots – protests, boycotts, civil disobedience Changing Public Opinion

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Civil Rights Movement

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  1. Civil Rights Movement Summary and Modern Concerns

  2. Thus Far . . . • Focus on Rights of African-Americans • Factors in Change: • Electoral Strength • Organization (NAACP) • Working within the system – lobbying, litigation • Grassroots – protests, boycotts, civil disobedience • Changing Public Opinion • National Leadership (Truman, Kennedy, Johnson)

  3. Changes • Court’s Interpretation of 14th Amendment • Strict Scrutiny for “Suspect Classification” of Race • Compelling government interest • Means narrowly tailored • Legislation • Civil Rights Act of 1964 • Voting Rights Act of 1965 • Fair Housing Act

  4. Contemporary Issues:Other Racial and Ethnic Minorities • Latinos • Asian Americans • Native Americans

  5. What Is “Affirmative Action”? • Race-conscious policies designed to increase opportunities for women and minorities • Goals: • Remedying the effects of past discrimination by the organization creating the policy • Remedying the effects of discrimination in earlier stages of education, training, and employment • Increasing diversity within the organization creating the policy

  6. Arguments in Favor of AA • Discrimination is class-based, so remedy should be as well • Provides a catalyst for eliminating institutional and social inequalities • Creates a diverse educational or labor force which is (arguably) inherently more productive

  7. Arguments Against AA • “Conservative” Arguments • Our system is supposed to reward individual achievement, regardless of group membership • We cannot overcome group-based discrimination by perpetuating group-based decisions • “Critical Race/Gender Theory” • Creates the impression that minorities/women cannot achieve on their own merits (actually undermines tolerance) • Encourages “tokenism” and creates the illusion that discrimination is “fixed”

  8. Affirmative Action and the Equal Protection Clause • When we’re talking about AA policies by governments as employers or educators • Race conscious policy => strict scrutiny • Compelling government interest • Narrowly tailored means for achieving that interest

  9. AA in State Education: The Michigan Cases • Undergrad • Points awarded for all sorts of “desirable” characteristics • Points given for membership in certain racial minorities • Law School • “Mushy” admissions • Race may or may not count, no idea of how much

  10. The Michigan Cases • Amicus briefs supporting the Michigan policies • 65 American businesses • 3M, Microsoft, Lockheed Martin, Eli Lilly, Coca-Cola, etc. • Officers and civilian leaders of the U.S. military • Wesley Clark, Norman Schwarzkopf, Anthony Zinni

  11. What the Court Said • Compelling Interest • Diversity in education is a compelling interest • Narrowly Tailored Means • Mechanical treatment of race is not acceptable • Law school’s “individualized” analysis is o.k. • Undergrad’s point system is not o.k. • Similarly, straight quotas and set-aside programs are not o.k.

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