Chapter 5 AP

1. Chapter 5 AP Civil Rights Tensions Conflict between individual liberties and equality Majority rule vs. minority rights States rights vs. growing federal power and interference

2. What Are Civil Rights?Policies to protect individuals from arbitrary or discriminatory treatment Forms of discrimination • Racial • Gender • Ethnicity • Religious • Sexual orientation • Disabilities • Age

3. What is equality? What did our founding fathers believe? • T. Jefferson – viewed blacks as genetically inferior • Declaration speaks about inalienable rights, but are these rights extended to blacks? • John Adams dismissed his wife Abigail’s feminist/equality beliefs • Equality of opportunity – not conditions • The word equality not found in original constitution

4. 14th Amendment – the equality amendment “equal protection of the law” • Coupled with “life, liberty, and the pursuit of happiness”. Government assurance to protect. • #1 vehicle for expansion of federal protections to those facing discrimination

5. SCOTUS standards for discrimination

6. Pre Civil War • Dred Scott Case, Scott v. Sanford 1857 – • Slaves not free even when they leave the South • Blacks are chattel/property, therefore not afforded the protections of the Bill of Rights • Congress can’t limit slavery

7. The Reconstruction amendments13th-14th-15th • Forced on the defeated South for readmission to the Union

8. 13th Amendment

9. 14th Amendment

10. 15th Amendment

11. Reconstruction 1867-1876 • Former slaves voted and got elected • Confederate officers and officials barred from office • Military occupation

12. End of Reconstruction • 1876 election deal – Rutherford Hayes promises troop withdrawal • Jim Crow system takes hold

13. Jim Crow System • Law and terror • Separate, but “equal” • Plessey v. Ferguson 1896

14. Brown v. Board of Education 1954 • Schools were visibly equal • NAACP carefully chooses cases • Sets new precedent – separate is inherently unequal • Integration with “all deliberate speed” http://www.youtube.com/watch?v=TTGHLdr-iak

15. Opposition to implementing Brown v. Board of Education • SCOTUS ruling one year later – proceed with “all deliberate speed” • Little Rock 9 -1957 • Anti -bussing in Boston 1973 – Restore our Alienated Rights (ROAR) • Detroit 1970 – cross city boundary bussing

16. De jure v. de facto segregation(by law v. in reality) De Jure – by law

17. De jure v. de facto segregation(by law v. in reality) De facto – in reality

18. Freedom Riders https://youtu.be/KREQGwC_cFY

19. Civil Rights Act of 1964 • Ends Jim Crow segregation • Federal government overrules the states (supremacy clause) • Commerce clause, plus necessary and proper clause (elastic) • Applies to public accommodations and employment • Equal Employment Opportunity commission to monitor (EEOC) • Clout – withholding federal $$ to state and local government Johnson tells his advisors that the Democratic Party will not win an election in the South for 50 years.

20. The battle for equal voting rights15th amendment – no federal enforcement after 1876 Tactics used to deny the vote • Grandfather clause • Literacy tests • Poll tax • White only primaries • Terror • Voter suppression – Photo ID

21. Suffrage

22. 24th Amendment – bans poll tax in federal electionsTwo years later SCOTUS incorporates ban to statesVoting Rights Act 1965:prohibits voting procedures that that deny right to vote based on color. • Justice Dept intervention – SCOTUS • Preclearance requirement (any change in voting procedure had to be approved by federal government – no longer applicable – SCOTUS ruled.) • Racially motivated gerrymandering outlawed

23. Voting Rights Act renewed and revised • 1982 – OK to create a district to improve chances of electing a minority • 1995 – race can’t be the predominant factor in drawing district boundaries Actual North Carolina district created to concentrate blacks – banned by SCOTUS

25. Native American Population is growing

26. Using the Courts • Won hunting, fishing and land rights • Retaining access to sacred places and prevented building on sacred places • Gambling on Indian Reservations even in states with no gambling allowed • Gambling business tax free

27. Hispanic Americans • Now largest minority group • About 14% of population • Poverty, discrimination and language barriers continue to depress voter turn-out The Dream Act: This bill would provide a path of citizenship for some children of undocumented parents; it would offer permanent residency to undocumented high school graduates who enlist in the U.S. Armed Forces or attend college. 

28. Asian Americans • Are the fastest growing ethnic group in US. When from .5% to 4% from 1960 – 2000 • Suffered discrimination for more than 100 years before the Civil Rights Act • Most egregious time was during WWII

29. Korematsu v. US • Japanese Internment during WWII • Upheld internment • Did give reparations

30. Others • Who are the newest victims of discrimination? • In 2004 SCOTUS ruled that the 9/11 detainees had the right to challenge their detention before a judge or neutral decision maker.

31. The Women’s Movement

32. In a letter to her husband in 1776… •  “Remember the Ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion and will not hold ourselves bound by any Laws in which we have no voice or Representation.”

33. Hey Abigail…make me a sammich (1770’s) • 1848 – Seneca Falls Convention The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her.

34. Nineteenth Amendment (144 years later….) • Passed in 1920 • Some states allowed women to vote before the 19th Amendment passed. This is another example of states being • Public policy continued to protect women rather than be concerned with equality. • 1920 – 1960 known as “The Doldrums.”

35. The Second Feminist Wave Women who supposedly “had it all” could not understand why they were unhappy. There was a “stirring” inside that women talked about around the kitchen table. The book by Betty Friedan told women to assert themselves. The feminist movement has actually been good for marriage. Women who work outside the home are less likely to get divorced.

36. SCOTUS rulings on gender • Must be an “exceedingly persuasive justification to classify by gender (medium scrutiny) • Men have used the same rulings to help them with things like: • Alimony • Nursing school admission • Higher drinking age and legal adult status for men

37. Why does feminist activity persist? • The nuclear family with dad at work and mom at home is becoming a thing of the past. • 72.7 million women are in the labor force as compared to 79 million men. • 57% of adult women work – 70% of women with children under age 18 work • As conditions change – policy demands have changed • Civil Rights Act of 1964 banned gender discrimination in employment • Title IX • Women must be able sick time for pregnancy/childbirth • No arbitrary weight/height requirements for employment (flight attendants) • No mandatory leave for pregnancy • Can’t exclude women from educational opportunities (even at military institutions like The Citadel) • Some big corporations are giving long paid family leaves to keep employees – Netflix/Google

38. We’ve come a long way baby… • From coverture – where women had NO legal identity separate from their husbands. • To a woman being a serious contender for POTUS.

39. Comparable worth – “secretary” vs. “administrative assistant” • Still some persistent differences: • Only men must register for the draft • Women not paid the same for doing the same job

40. Sexual Harassment • Workplace is reasonably perceived as hostile or abusive • Employers are responsible for preventing and eliminating harassment • Employers are liable if they don’t set up procedures to prevent harassment • Don’t have to show job related harm • Includes same gender harassment • In Craig v. Boren SCOTUS decided to use medium scrutiny with sexual harassment cases. Not automatically valid or invalid.

41. Harassment in schools • School districts are liable for student on student sexual harassment when they have knowledge of it or are indifferent to it. • Must be so severe, pervasive and objectively offensive that it deprives victims of educational opportunities provided by the school

42. Nana and Pop Pop • People in their 80’s make up the fastest-growing-age group in the country • Mandatory retirement • People in their 30’s were denied entrance to grad schools and professions – because they wouldn’t be in their professions long enough. • F. Murray Abraham – 1st decent role as an actor – in Amadeus at 45. Won Academy Award

43. Andrea Bocellididn't start singing opera until the age of 34. Some 'experts' told him it was too late to begin. Phyliss Diller became a comedian at the age of 37. She was told by many club owners that she was "too old" to become a success. Stan Lee, creator of Spider-Man, was 43 when he began drawing his legendary superheroes and his partner Jack Kirby was 44 when he created The Fantastic Four.

44. SCOTUS and Congress • Denied federal funds to institutions discriminating against people over 40 • No more compulsory retirement except in some cases like police officers retiring at 50 – use the rational basis test • Employers can be sued for policies that disproportionately harm them due to their age.

45. Disabilities Yes…I am a convicted murderer as well… • The Rehabilitation Act of 1973 added people with disabilities to the list of Americans protected from discrimination • The Education of All Handicapped Children Act of 1975 – free public education appropriate to their needs • The Americans with Disabilities Act of 1990– there must be “reasonable accommodation” made and you may not discriminate against people with disabilities. • While these require expensive changes what must be remembered is that when they become earners – they become spenders and tax payers.

46. LGBT (Lesbian, Gay, Bi-sexual, Transgender) • The fight for “equal protection” is still ongoing • Matthew Shepard’s killing motivated by hate (Laramie Project) • Major advances Boy Scouts no longer exclude gay men from being scoutmasters • SCOTUS has ruled that gay marriage is a civil right • What’s next? What do you think?

47. Affirmative Action • A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. • Some groups in society support affirmative action because they believe it helps level the economic playing field. 

48. Affirmative Action • Other groups are opposed to affirmative action because they believe in opportunity for all and because it allows for reverse discrimination.

49. The goal of affirmative action is to move toward Equal Results

50. SCOTUS Rulings • Regents of the University of California v. Bakke