Chapter 5- Civil Rights –Learning objectives:

(1). Define equality, and review differences between Civil Rights vs. Civil Liberties.

(2). Trace the historic struggle of African Americans for racial equality and civil rights.

(3). Discuss post-reconstruction racial restrictions and state enforced segregation.

(4). Examine Equal Protection, and the role of the NAACP and Brown v. Board of Ed.

(5). Examine the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

(6). Discuss the struggle of Asian & Hispanic Americans, and their growing political clot.

(7). Discuss historic discrimination against American Indians and other minorities.

(8). Examine the struggle of women for Equal Protection under the 14th Amendment.

(9). Discuss gender equality and the ERA: economics, Title IX, and the “glass ceiling.”

(10). Discuss rights of disabled Americans, and assess the effect of the ADA of 1990.

(11). Discuss the conflict surrounding “Gay Rights” and “Don’t Ask, Don’t Tell” policy.

(12). Examine the Supreme Court’s role in protecting civil rights and contrast its various tests to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny.

(13). Assess efforts to balance the conflict between equal opportunity and equal outcome.

(14). Discuss the pros and cons and constitutionality of affirmative action, and its impact.

(15). Summarize the Constitutional Amendments and major guarantees of Civil Rights.

CHAPTER 5 OUTLINE:

v Civil Liberties and Civil Rights:

Ø Equality & its different definitions & interpretations

§ Equality before the law?

§ Equality of opportunity?

§ Equality of results?

Ø Civil Liberties => Bill of Rights => individual protections

§ Limits & prohibition (-) against Government actions

Ø Civil Rights => 14^th Amendment => group equality

§ Government actions (+) to guarantee equality

Ø Debate (conflict) & constitutional interpretations=>

§ over what & how much Government should do

v Discrimination Against African Americans:

Ø 5-2a From Slavery to Emancipation

§ “All men are created equal” vs. 3/5 compromise

· Constitutional recognition of slavery in 1787

§ Taney’s ruling in Dredd Scott v. Sanford (1857)

§ 4 way race for presidency – Abe Lincoln winning

§ Secession of South from Union over “states’ rights”

· The right of states to do what?

§ Emancipation Proclamation

§ 13^th Amendment & Northern Victory

§ Reconstruction & South’s response => Black Codes

§ 14^th & 15^th Amendments & Civil Rights Acts

Ø 5-2b Jim Crow => post-reconstruction

§ Compromise of 1877 (Hayes versus Tilden)

· Erosion of political rights for former slaves

§ Jim Crow Law => De jure segregation laws for:

· Public accommodations & Housing

· Education & Employment

· All other sectors of private & public life

§ Supreme Court Decisions of 1883-1886:

· Federal Civil Rights laws unconstitutional

· Congress denied power to ban discrimination

· 1886 Plessy v. Ferguson => impact & significance?

Ø 5-2c The First Civil Rights Organizations:

§ NAACP => uphill struggle against discrimination

· Some victories: Grandfather Clause Unconstitutional

· Missouri Law school policy overturned =>

¨ Schools for Blacks must be “substantially equal”

§ NAACP Legal Defense and Education Fund

§ Truman’s Executive Decision of 1948

Ø 5-2d The Brown Decision

§ Brown v. Board of Education (1954)

· Key Roles: Earl Warren & Thurgood Marshall

· Significance & impact?

§ Brown v. Board of Education II (1955)

· Purpose? “All deliberate speed”?

§ South’s reaction => massive resistance

· 1957 Little Rock High School – Ike & National Guard

· 1962 University of Mississippi – JFK & 82^nd Airborne

· 1963 University of Alabama –JFK backs down Wallace

Ø 5-2e The Civil Rights Movement

§ Civil disobedience => Greensboro” sit-in” (1960)=>

· CORE Freedom Rides – summer of 1961=> violence

· MLK & Birmingham protest march => violence

§ Voter registration drives in the South => more violence

Ø 5-2f Congressional Response:

§ Civil Rights Acts (1957-1960) => short of the mark

§ JFK’s assassination => momentum & LBJ support =>

§ Civil Rights Act of 1964 (EEOC)

§ Voting Rights Act of 1965 (significance?)

§ Civil Rights Acts (follow-ups) of 1968,1974,1991

Ø 5-2g The Continuing Fight Against Discrimination

§ De facto segregation vs. de jure segregation?

§ School integration trends

§ Improved opportunity? Political gains?

v Discrimination Against Ethnic Minorities & Groups

Ø 5-3a Asian Americans – past de jure discrimination laws

§ California discrimination laws of 1850s

§ Exclusion Act of 1882 & 1892 (Anti-Chinese)

§ Gentlemen’s Agreement Between TR & Japan

§ California laws barring land ownership by Asians

§ WWII Internment Camps- upheld by Supreme Court-1944

§ Educational & economic success in spite of above

Ø 5-3b Hispanic Americans (now largest minority 13%+)

§ California & Texas de jure discrimination laws

§ Bilingual education debate

§ Immigration Acts & Reforms => continuing concern

Ø 5-3c American Indians (70 million => 210K => 2.2 million)

§ Trail of Tears & regular relocation

§ Treaty violations to take Indian lands

§ Indian Wars (1864 & 1890)

· “Battle” of Wounded Knee (1890)

§ Supreme Court decision of 1884 => Indians not citizens

§ American Indian Movement (AIM) presses for more rights

· Alcatraz Island occupation (Treaty entitlement)

· Wounded Knee Hostage crisis (1973) => violence

§ Gradual improvements:

· Indian Citizenship Act of 1924

· Indian Civil Rights Act of 1968 (Bill of Rights)

· Supreme Court rulings favor Indian claims recently

¨ $17.1 M + interest for claims against Federal Gov.

¨ Special hunting & fishing rights upheld

¨ Special status for gambling for California tribe

· Congress: Indian Gaming Regulatory Act (States)

Ø 5-3d Other Minorities – Arab Americans

§ Civil Rights Act of 1866 => applied to all ethnic minorities

· Protect against wide rage of discrimination => now sue

v Discrimination Against Women

Ø 19^th Century paternalistic attitude toward women

§ Supreme Court: comply with “…law of the Creator.”

Ø 5-4a Campaigning for the Right to Vote

§ Women’s movement – Seneca Falls Declaration

· Cady Stanton & Lucretia Mott

· Declaration of Sentiments

· Abolition & later suffrage for African Americans

· Suffrage campaign for women => 19^th Amendment

Ø 5-4b The Fight for Equal Rights on Capitol Hill

§ The Feminine Mystique by Betty Friedan (1960s) =>

§ Movement reemerges => questioned women’s roles

· Civil rights movement provides strategy & tactics

§ NOW => Equal Pay Act of 1963 (mixed results)

· Equivalent vs. comparable jobs debate

§ Civil Rights Act of 1964 => unintended results

§ Title IX of Higher Education Act of 1972 => impact?

§ Equal Opportunity Credit Act of 1974

§ 1978: Congress prohibited job discrimination - pregnancy

§ Family & Medical Leave Act (1993) (Clinton’s support)

§ Violence Against Women Act (1994) – domestic violence

· Congress strengthened above in 2000 over Court action

§ ERA Amendment falls short or ratification

Ø 5-4c The Fight for Equal Rights in the Courts

§ 1971 => Supreme Court finally acts – Idaho law- wills

§ Subsequent rulings prohibit sex discrimination at work

· Newspaper ads

· Prospective employer discrimination against mothers

· No Mandatory maternity leave

· No excessive pension contribution

§ No State (military) all-male colleges (1996)

§ Also applied anti-discrimination laws to men

· Drinking age (18 vs. 21) in Oklahoma (1976)

· Alabama law barring men’s alimony suits overturned

§ Exceptions: draft registration & widow tax exemptions

· Certain hiring & promotion decisions acceptable

· Intermediate scrutiny criterion

Ø 5-4d The Continuing Struggle Against Sex Discrimination

§ Important gains made in Government & Business/Corps:

· Congress, executive branch, military, Supreme Court

· Corporate executives & women owned businesses up

§ Still => women (51% population) => still in minority

· Why? => “glass ceiling”?

§ Debate & disagreement rages among women themselves

· Activists v. other women disagree over goals & strategy

v Extending Civil Rights

Ø 5-5a People with Disabilities

§ Americans with Disabilities Act of 1990

Ø 5-5b People with Age Claims

§ Age Discrimination Act of 1975

Ø 5-5c Gays and Lesbians

§ Clinton support for gay rights rebuffed by Congress

§ Gays in Military => “Don’t Ask, Don’t Tell”

· Mixed results => resisted by military professionals

§ Entire issue highly controversial & hotly debated

Ø 5-5d The Burden of Proof

§ rational scrutiny (age)

§ intermediate scrutiny (gender)

§ strict scrutiny (race)

v Affirmative Action:

Ø Equal Opportunity or Equal Outcomes?

§ Title IX & its impact on male gym & wresting teams

§ University criteria for acceptance of new students

· Diversity goals, race factor & quotas

Ø Reverse Discrimination- Bakke v. UC Davis decision

§ Race may be a factor in selection process

§ Upcoming Supreme Court case against Michigan

Chapter 5 KEY TERMS – Civil Rights

Affirmative action: Programs designed to take positive actions to increase the number of women and minorities in jobs and educational programs.

Americans with Disabilities Act of 1990: An act of Congress that seeks to minimize job discrimination, to maximize access to government programs, and ensure access to public accommodations for people with disabilities.

Brown v. Board of Education: The landmark 1954 Supreme Court decision holding that separate was not equal and that public schools must be desegregated.

Brown v. Board of Education II: The 1955 Supreme Court decision that stated that the nation’s entrenched system of segregated schools should desegregate with “all deliberate speed.”

Civil disobedience: Nonviolent refusal to obey laws perceived to be unjust.

Civil rights: The equality of rights for all people regardless of race, sex, ethnicity, religion, and sexual orientation. Civil rights are rooted in the courts’ interpretation of the Fourteenth Amendment and in laws that Congress and the state legislature pass.

Civil Rights Act of 1964: An act of Congress that outlaws racial segregation in public accommodations and employment and prevents tax dollars from going to organizations that discriminate on the basis of race, color, or national origin.