11

Chapter 5 - Chapter 5 - Civil RightsCivil Rights Learning objectives:Learning objectives:

• Define Define equalityequality, and review differences between , and review differences between Civil Rights vs. Civil LibertiesCivil Rights vs. Civil Liberties..• Trace the historic struggle of African Americans for racial equality and civil rights. Trace the historic struggle of African Americans for racial equality and civil rights. • Discuss Discuss post-reconstructionpost-reconstruction racial restrictions and racial restrictions and state enforced state enforced segregation.segregation.• Examine Examine Equal ProtectionEqual Protection, , and the role of the and the role of the NAACPNAACP and and Brown v. Board of EdBrown v. Board of Ed..• Examine the Examine the Civil Rights Act of 1964Civil Rights Act of 1964 and the and the Voting Rights Act of 1965Voting Rights Act of 1965..• Discuss the struggle of Discuss the struggle of Asian Asian & & Hispanic Americans,Hispanic Americans, & their growing political clot. & their growing political clot.• Discuss historic discrimination against Discuss historic discrimination against American IndiansAmerican Indians and other minorities. and other minorities.• Examine the struggle of women for Examine the struggle of women for Equal ProtectionEqual Protection under the under the 14th Amendment14th Amendment..• Discuss Discuss gender equalitygender equality and the and the ERAERA: : economics, Title IX, and theeconomics, Title IX, and the “ “glass ceilingglass ceiling..””• Discuss rights of disabled Americans, and assess the effect of the Discuss rights of disabled Americans, and assess the effect of the ADAADA of 1990. of 1990.• Discuss the conflict surrounding Discuss the conflict surrounding “Gay Rights”“Gay Rights” and and “Don’t Ask, Don’t Tell” “Don’t Ask, Don’t Tell” policy.policy.• Examine the Supreme Court’s role in protecting Examine the Supreme Court’s role in protecting civil rightscivil rights and and contrastcontrast its various its various tests tests

to ensure them: to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny. rational scrutiny, strict scrutiny, & intermediate scrutiny. • Assess efforts to balance the conflict between: Assess efforts to balance the conflict between: equal opportunityequal opportunity and and equal outcomeequal outcome..• Discuss the pros and cons and constitutionality of Discuss the pros and cons and constitutionality of affirmative actionaffirmative action, and its impact., and its impact.• Summarize theSummarize the Constitutional AmendmentsConstitutional Amendments and and major guaranteesmajor guarantees of of Civil RightsCivil Rights..

22

Civil LibertiesCivil Liberties versus versus Civil Civil RightsRights• Civil LibertiesCivil Liberties => => Bill of RightsBill of Rights => =>

– Individual’s protection of his/her freedomsIndividual’s protection of his/her freedoms– Limits & prohibition (-) against Gov. actionsLimits & prohibition (-) against Gov. actions

• Civil RightsCivil Rights => => 14th Amendment14th Amendment => => – Equal protection under the lawEqual protection under the law– Gov. actions (+) to guarantee Gov. actions (+) to guarantee equalityequality

before lawbefore law

• What kind of What kind of equalityequality is guarantied? is guarantied?– What are the different types of equality?What are the different types of equality?

33

Equality’Equality’s s different interpretationsdifferent interpretationsEqual treatment to all for:Equal treatment to all for:

• Equality before the law?Equality before the law?

• Political equality?Political equality?

• Equality of opportunity?Equality of opportunity?

• Equality of results? Equality of results?

• Conflict over constitutional interpretation=>Conflict over constitutional interpretation=>– What & how much Government should protectWhat & how much Government should protect – How to protect & balance the rights of everyoneHow to protect & balance the rights of everyone

• Society’s LibertiesSociety’s Liberties vs. vs. Minorities’ Civil Minorities’ Civil RightsRights

The term “civil rights” includes the equality of rights for the following minorities in varying degrees:

RACE

Gender

ETHNICITY

RELIGION SEXUAL ORIENTATION

Civil RightsCivil Rights applied to who? applied to who?

“Civil Rights” came about as a result of what contentious & “peculiar” institution in America’s history?

Key events in the history of slavery

1619

First slaves arrive

1787

The 3/5th rule

1808

Importing slaves made

illegal…

Despite import ban the slave trade

continued

Slavery in AmericaSlavery in AmericaA Timeline: 1619-1857A Timeline: 1619-1857

When did this start to change & what are the sources of Civil Rights?

14th Amendment

Court Decisions

US Congress

State Legislatures

Civil Rights

Sources of Civil RightsSources of Civil Rights

1857 Impact of

Dred Scott

1865

13th Amendment ratified 1865

Reconstruction begins &

The South’s Response =>

The Black Codes

1866 to 1877

Congress passes Civil Rights Laws

plus 14th & 15th Amendments

Congress moves to establish Civil Rights

The Struggle for Civil RightsThe Struggle for Civil RightsA Timeline of Key Events (1857-A Timeline of Key Events (1857-1875)1875)

1863EmancipationProclamation

Examine these event in greater detail=>

1857- African Americans not citizens so they are not entitled to civil liberties

1865- Slavery was made illegal

Dred Scott

13th Amendment

Dred ScottDred Scott vs. vs. 1313thth Amendment Amendment

Laws that prevented African-Americans from buying

property, signing contracts, and serving on juries

Granted citizenship to “all persons born or naturalized in the United States“- Equal Protection & Due Process

Black Codes

14th Amendment

Black CodesBlack Codes vs. vs. 1414thth AmendmentAmendment

15th Amendment Gave African-American men the right to vote

1876:

US v. Cruikshank

&

US v. Reese

1865 Ku Klux Klan formed-

(Revived 1915)

1896: Plessy v. Ferguson

1909

Civil Rights advocates’ response: NAACP

Court rules against Civil Rights Laws

The Struggle for Civil RightsThe Struggle for Civil RightsTimeline: 1876-1909Timeline: 1876-1909

1873

Supreme Court Ruling virtually nullifies 14th

Amendment Compromise of 1877=>Reconstruction ends & Jim Crow Laws begin

Role of the Supreme Court?

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Court overturns Civil Rights Court overturns Civil Rights LawsLaws

1876:No guarantee to all of Right to Vote

1876:Laws against individual violations

of Civil Rights Unconstitutional

1896:Separate but Equal Standard

US v. Cruikshank

US v. Reese

Plessy v. Ferguson

Laws that discriminated against African Americans, usually by enforcing

segregation.

Getting around Civil Rights:Getting around Civil Rights:Jim Crow LawsJim Crow Laws

De Jure Segregation:

Significance of Jim Crow Laws?- Officially sanctioned what? segregation

What kind of segregation does Jim Crow it sanction?

1915

Guinn v. US

1917

Buchanan v. Warley

1938

Missouri referred to in

Gaines v. Canada 1944

Smith v. Allwright

1948

Truman’s Executive Order => desegregates

the Armed Forces

Court Reverses its negative Direction on Civil Rights

The Struggle for Civil RightsThe Struggle for Civil RightsTimeline: 1915-1948Timeline: 1915-1948

1915- The court ruled the so-called “grandfather” clauses were unconstitutional

1917-The court ruled that preventing African-Americans from buying homes in “white” neighbors was unconstitutional

Guinn v. U.S.

Buchanan v. Warley

Supreme Court Moves Supreme Court Moves Civil RightsCivil Rights Forward Once Again (1915-1917):Forward Once Again (1915-1917):

1938- The court ruled that Missouri had to establish truly equal facilities

1944- The court ruled that white only primary elections were unconstitutional

Smith v. Allwright

Gaines v. Canada

Further Advances in Civil Further Advances in Civil RightsRights

• 1954:Supreme Court ruled that separate was not equal and that public schools must be desegregated.

• Chief Justice Earl Warren: “Separate educational facilities are inherently unequal.” => impact?

Brown v. Board of Education I:

Major Turning Point in Civil RightsMajor Turning Point in Civil RightsWhat major Court ruling changed the course for Civil What major Court ruling changed the course for Civil Rights?Rights?

Supreme Court reverses Plessy v. Ferguson => The legal end of ”De Jure Segregation”

Role played by Thurgood Marshall?

Was that the end of segregation?

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Brown v. Board of Education IIBrown v. Board of Education II::

• States- especially in South, resistedStates- especially in South, resisted

• Result: Court ordersResult: Court orders “All deliberate speed”? “All deliberate speed”?

• South’s reaction => South’s reaction => massive resistancemassive resistance – What was the Federal Government’s response?What was the Federal Government’s response?

• Federal Government’s Response:Federal Government’s Response:– 1957 1957 Little Rock High SchoolLittle Rock High School

• Ike & National GuardIke & National Guard

– 1962 1962 University of MississippiUniversity of Mississippi• JFK & 82nd Airborne JFK & 82nd Airborne

– 1963 1963 University of Alabama University of Alabama • JFK JFK forces forces Governor Wallace Governor Wallace to back downto back down

• It would take 15 yrs from It would take 15 yrs from Brown IBrown I to de- to de-segregatesegregate

1818

The The Civil RightsCivil Rights Movement Movement• Strategy: Non-violent protest of segregated Strategy: Non-violent protest of segregated

societysociety• Movement’s tactic: Movement’s tactic: Civil disobedienceCivil disobedience =>=>

– Greensboro “Lunch counter sit-in” (1960)Greensboro “Lunch counter sit-in” (1960)– CORE Freedom Rides – summer of 1961CORE Freedom Rides – summer of 1961=> =>

• Escalating violenceEscalating violence

– MLK & Birmingham protest marchMLK & Birmingham protest march => => violenceviolence• Voter registrationVoter registration drives in South => violence drives in South => violence• Tactics serving strategy: Non-violent protesters Tactics serving strategy: Non-violent protesters

attacked by police dogs on national TVattacked by police dogs on national TV– Nation’s reaction => impact on Congress?Nation’s reaction => impact on Congress?

1919

Congressional Response Congressional Response

• Civil Rights Acts (1957-1960)Civil Rights Acts (1957-1960) => => – short of the markshort of the mark

• JFK’sJFK’s assassination => impact on assassination => impact on Congress?Congress?

• Guilt and momentum & Guilt and momentum & LBJLBJ’s support =>’s support =>– Civil Rights Act of 1964Civil Rights Act of 1964 (EEOC) (EEOC) – Voting Rights Act of 1965Voting Rights Act of 1965 (significance?)(significance?)

• Voting Rights Acts (follow-up & Voting Rights Acts (follow-up & expansion) of 1968,1974,1991expansion) of 1968,1974,1991

2020

The Continuing Fight Against The Continuing Fight Against Discrimination Discrimination • De facto segregationDe facto segregation versusversus de jure segregationde jure segregation??

• School integration trends by composition (Figure 5-2): School integration trends by composition (Figure 5-2):

Any improved $$$ opportunity? Political gains?

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Discrimination Against Ethnic Discrimination Against Ethnic Minorities & Groups Minorities & Groups

• Asian Americans – past Asian Americans – past de jurede jure discrimination laws discrimination laws– California discrimination laws of 1850sCalifornia discrimination laws of 1850s– Exclusion Act of 1882 & 1892 (Anti-Chinese)Exclusion Act of 1882 & 1892 (Anti-Chinese)– Gentlemen’s Agreement Gentlemen’s Agreement Between Between TRTR & Japan & Japan– California laws California laws barring land ownership by barring land ownership by AsiansAsians – WWII Internment Camps-WWII Internment Camps- upheld by Supreme Court-1944 upheld by Supreme Court-1944

• Educational & economicEducational & economic success in spite of above success in spite of above

• Growing political influence evident Growing political influence evident

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Hispanic Americans Hispanic Americans

• Now largest American minority (13+%)Now largest American minority (13+%)

• California & Texas California & Texas de jurede jure discrimination discrimination lawslaws– Long history of past discriminationLong history of past discrimination

• Bilingual Bilingual education debate education debate – (Spanish or English?)(Spanish or English?)

• Immigration Acts & ReformsImmigration Acts & Reforms=> => – continuing concerncontinuing concern– Job discrimination by employers at riskJob discrimination by employers at risk– Laws against hiring illegal aliensLaws against hiring illegal aliens– Economic demand for laborEconomic demand for labor

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American Indians American Indians • Population decline: Population decline: (70 million => 210K => 2.2 (70 million => 210K => 2.2

million)million)– (Pre-Columbus => following European Colonization => today)(Pre-Columbus => following European Colonization => today)

• Brutal history of past discrimination & repressionBrutal history of past discrimination & repression– Trail of TearsTrail of Tears & regular relocation & regular relocation– Treaty Treaty violations to take Indian landsviolations to take Indian lands– Indian Wars (1864 & 1890)Indian Wars (1864 & 1890)

• ““Battle” of Wounded Knee (1890)- massacre of prisonersBattle” of Wounded Knee (1890)- massacre of prisoners

• Supreme Court decision of 1884 => Supreme Court decision of 1884 => – Indians not citizensIndians not citizens

• American Indian Movement (AIM)American Indian Movement (AIM) – Alcatraz Island occupationAlcatraz Island occupation (Treaty entitlement) (Treaty entitlement)– Wounded Knee Hostage crisis (1973)Wounded Knee Hostage crisis (1973) => violence & => violence &

deathdeath

• Gradual improvement with time?Gradual improvement with time?

2424

Gradual improvements Gradual improvements

• Indian Citizenship Act of 1924Indian Citizenship Act of 1924

• Indian Civil Rights Act of 1968 (Indian Civil Rights Act of 1968 (applied applied Bill of Rights)Bill of Rights)

• Supreme Court rulingsSupreme Court rulings favor Indian claims recently: favor Indian claims recently:– $17.1 M$17.1 M + interest for claims against Federal Gov. + interest for claims against Federal Gov. – Special hunting & fishing rights upheldSpecial hunting & fishing rights upheld– Special status for gambling for California tribe Special status for gambling for California tribe

• Congress: Congress: Indian Gaming Regulatory Act Indian Gaming Regulatory Act (States)(States)– If state allows gambling=> must give Indians same rights If state allows gambling=> must give Indians same rights

2525

Other Minorities- Other Minorities- Arab Arab AmericansAmericans

• Civil Rights Act of 1866Civil Rights Act of 1866 => => – applied to all ethnic minoritiesapplied to all ethnic minorities– Protects against wide rage of Protects against wide rage of

discrimination =>discrimination =>•Any ethnic group discriminated against can Any ethnic group discriminated against can

now suenow sue

• Unknown factor: 9/11 & Unknown factor: 9/11 & Patriot ActPatriot Act (TBD)(TBD)

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Discrimination Against WomenDiscrimination Against Women• 19th Century 19th Century paternalistic paternalistic attitude of men attitude of men

– Supreme Court Decisions reflected above: Supreme Court Decisions reflected above: •Dominate attitude: comply with “…Dominate attitude: comply with “…law of the Creator.”law of the Creator.” •Prevailing middle class attitude Prevailing middle class attitude (Industrial Revolution)(Industrial Revolution)

• Campaigning for the Right to Vote:Campaigning for the Right to Vote:– Women’s movementWomen’s movement – – Seneca Falls Seneca Falls

DeclarationDeclaration•Cady Stanton & Lucretia Mott’s roles Cady Stanton & Lucretia Mott’s roles •Declaration of Sentiments (quoted in Text)Declaration of Sentiments (quoted in Text)•Supported Supported Abolition & Abolition & laterlater suffrage suffrage for Af. Americansfor Af. Americans

– Aim:Aim: Gain own suffrage in the process Gain own suffrage in the process

• Suffrage Suffrage campaign for women => campaign for women => – Struggle for right to vote (1860 -1920)Struggle for right to vote (1860 -1920)– Finally culminating in what Amendment?Finally culminating in what Amendment?

2727

Women’s Fight for Equal Rights on Capitol Women’s Fight for Equal Rights on Capitol

HillHill • The Feminine MystiqueThe Feminine Mystique by Betty Friedan => by Betty Friedan =>

– Movement reemerges during 1960s => Movement reemerges during 1960s => • Women questioned society’s established roles for womenWomen questioned society’s established roles for women• Civil rights movement Civil rights movement provides strategy & tacticsprovides strategy & tactics• NOW => NOW => Equal Pay Act of 1963Equal Pay Act of 1963 (with mixed results) (with mixed results)

– EquivalentEquivalent vs. vs. comparablecomparable jobs jobs debate (pay still falls short of debate (pay still falls short of men’s)men’s)

• Congress enacts key legislation against Congress enacts key legislation against discrimination:discrimination:– Civil Rights Act of 1964Civil Rights Act of 1964 => unintended ( => unintended (“poison pill”) “poison pill”)

resultsresults– Title IXTitle IX of Higher Education Act of 1972 => of Higher Education Act of 1972 => impact?impact?– Other Legislation advancing women’s rights:Other Legislation advancing women’s rights:

• Equal Opportunity Credit ActEqual Opportunity Credit Act of 1974- of 1974- loans in own nameloans in own name• 1978: Congress prohibited job discrimination – for pregnancy 1978: Congress prohibited job discrimination – for pregnancy • Family & Medical Leave ActFamily & Medical Leave Act (1993) (1993) (Clinton’s support)(Clinton’s support)• Violence Against Women ActViolence Against Women Act (1994) – (1994) – anti-domestic violence anti-domestic violence

– Congress strengthened above act in 2000 over Court actionCongress strengthened above act in 2000 over Court action

• ERA ERA AmendmentAmendment falls short of ratification (Figure falls short of ratification (Figure 5-3)5-3)

2828

Fight for Equal Rights in the Fight for Equal Rights in the Courts Courts

• 1971 => Supreme Court finally acts – Idaho law- on 1971 => Supreme Court finally acts – Idaho law- on willswills• Subsequent rulings prohibit sex discrimination at workSubsequent rulings prohibit sex discrimination at work

– Newspaper adsNewspaper ads- no more separate categories- no more separate categories– Prospective employer discrimination against mothers bannedProspective employer discrimination against mothers banned– No Mandatory maternity leaveNo Mandatory maternity leave– NNo excessive o excessive pension contributionpension contribution

• No State (military) all-male colleges (VMI & Citadel-1996)No State (military) all-male colleges (VMI & Citadel-1996)• Also applied anti-discrimination laws to menAlso applied anti-discrimination laws to men

– Drinking age (18 vs. 21) Drinking age (18 vs. 21) in Oklahoma (1976)- unconstitutionalin Oklahoma (1976)- unconstitutional– Alabama law Alabama law barring men’s alimony suits overturnedbarring men’s alimony suits overturned

• ExceptionsExceptions:: draft registration & widow tax exemptions draft registration & widow tax exemptions– Certain Certain hiring & promotion decisionshiring & promotion decisions may be may be acceptable acceptable – Intermediate scrutinyIntermediate scrutiny criterion (to be discussed later)criterion (to be discussed later)

2929

Continuing Struggle Against Continuing Struggle Against Sex Discrimination Sex Discrimination

• Important gains made in Government & Important gains made in Government & Business/Corps:Business/Corps:– Congress, executive branch, military, Supreme CourtCongress, executive branch, military, Supreme Court– Corporate executives & women owned businesses upCorporate executives & women owned businesses up

• Still => women (51% population) => still in Still => women (51% population) => still in “minority” “minority” – Representation at CEO level of major corporations?Representation at CEO level of major corporations?– Why? => “Why? => “glass ceilingglass ceiling”? ”?

• Need larger middle executive base to draw onNeed larger middle executive base to draw on

• Debate & disagreement rages among women Debate & disagreement rages among women themselvesthemselves– Activists v. other women disagree over goals & strategyActivists v. other women disagree over goals & strategy

3030

Extending Civil RightsExtending Civil Rights• People with DisabilitiesPeople with Disabilities

– Americans with Disabilities Act of 1990Americans with Disabilities Act of 1990 – Balance between benefit versus costs to businessesBalance between benefit versus costs to businesses

• People with Age ClaimsPeople with Age Claims– Age Discrimination Act of 1975Age Discrimination Act of 1975 – Exceptions (discussed later) & application to states (TBD)Exceptions (discussed later) & application to states (TBD)

• Gays and LesbiansGays and Lesbians– Clinton support for gay rights was rebuffed by CongressClinton support for gay rights was rebuffed by Congress

• ““Gays in Military”Gays in Military” policy strongly resisted by military professionals policy strongly resisted by military professionals

– Compromise policy result: => Compromise policy result: => “Don’t Ask, Don’t Tell”“Don’t Ask, Don’t Tell”• Continued with George W. Bush AdministrationContinued with George W. Bush Administration

• Gay MarriageGay Marriage and/or and/or Civil UnionCivil Union issue: issue:– Entire issue highly controversial & hotly debatedEntire issue highly controversial & hotly debated

3131

Assignment for Next ClassAssignment for Next Class• Remaining Remaining Civil RightsCivil Rights Learning Objectives Learning Objectives

(LOs)(LOs)– Examine the Supreme Court’s role in protecting Examine the Supreme Court’s role in protecting civil rightscivil rights

and and contrastcontrast its various its various tests tests to ensure them: to ensure them: rational rational scrutiny, strict scrutiny, & intermediate scrutiny. scrutiny, strict scrutiny, & intermediate scrutiny.

– Assess efforts to balance the conflict between: Assess efforts to balance the conflict between: equal equal opportunityopportunity and and equal outcomeequal outcome..

– Discuss the pros and cons and constitutionality of Discuss the pros and cons and constitutionality of affirmative actionaffirmative action, and its impact., and its impact.

– Summarize theSummarize the Constitutional AmendmentsConstitutional Amendments and and major major guaranteesguarantees of of Civil RightsCivil Rights..

• Select your Select your Research Paper (RP)Research Paper (RP) Question Question– RP Guidance presentedRP Guidance presented

• Class delay (Luncheon Learn)Class delay (Luncheon Learn)

3232

Chapter 5b: Chapter 5b: Civil RightsCivil Rights – – Learning objectivesLearning objectives

• Know and understand Know and understand Key Terms (in bold)Key Terms (in bold) in in context with learning objectives below:context with learning objectives below:– Examine the Supreme Court’s role in protecting Examine the Supreme Court’s role in protecting civil civil

rightsrights and and contrastcontrast its various its various tests tests to ensure them: to ensure them: rational scrutiny, strict scrutiny, & rational scrutiny, strict scrutiny, & intermediate scrutinyintermediate scrutiny. .

– Assess efforts to balance the conflict between: Assess efforts to balance the conflict between: • equal opportunityequal opportunity and and equal outcomeequal outcome..

– Discuss the pros and cons and constitutionality of Discuss the pros and cons and constitutionality of affirmative actionaffirmative action, and its impact., and its impact.

– Summarize theSummarize the Constitutional AmendmentsConstitutional Amendments and and major guarantees ofmajor guarantees of Civil RightsCivil Rights..

3333

The Burden of Proof- The Burden of Proof- Tests:Tests:

• Rational scrutinyRational scrutiny – ReasonableReasonable & & consistentconsistent criteria (examples?) criteria (examples?)

• Driver’s Licenses, drinking age, commercial pilot retirement ageDriver’s Licenses, drinking age, commercial pilot retirement age

• Intermediate scrutinyIntermediate scrutiny– Serve Serve important gov. interestsimportant gov. interests, and…, and…– Directly related to achieving important objectivesDirectly related to achieving important objectives

• Special Forces, SEALs, Rangers & other Combat unitsSpecial Forces, SEALs, Rangers & other Combat units• (War in Iraq’s potential impact on this policy?)(War in Iraq’s potential impact on this policy?)

– Skeptical scrutinySkeptical scrutiny? (Applied by Ginsburg for VMI-? (Applied by Ginsburg for VMI-1996)1996)• More stringent test for gender cases? (TBD)More stringent test for gender cases? (TBD)

• Strict scrutinyStrict scrutiny– Compelling Compelling government reason for discrimination government reason for discrimination

• What kind of discrimination?What kind of discrimination?

• Which of above Tests has highest burden of proof?Which of above Tests has highest burden of proof?

3434

Affirmative ActionAffirmative Action • Equal OpportunityEqual Opportunity or or Equal OutcomesEqual Outcomes??

– Constant struggle to find the right balanceConstant struggle to find the right balance– Title IXTitle IX & its impact on male gym & wresting teams & its impact on male gym & wresting teams – University criteria for acceptance of new studentsUniversity criteria for acceptance of new students

• Diversity goals, race factor considerations & quotasDiversity goals, race factor considerations & quotas

– What does heavy reliance on What does heavy reliance on equality of outcomeequality of outcome risk?risk?

• Reverse Discrimination-Reverse Discrimination- – Bakke v. UC DavisBakke v. UC Davis Supreme CourtSupreme Court decision=>decision=>

• Race may be a factor in selection processRace may be a factor in selection process– But not the But not the onlyonly factor factor

• Recent Supreme Court case against Recent Supreme Court case against U. of MichiganU. of Michigan– Selection and admission criteria had to be Selection and admission criteria had to be

revised revised • ““quotas”quotas” based on based on point systempoint system was unacceptable to court was unacceptable to court

3535

The Constant Struggle of The Constant Struggle of Civil RightsCivil Rights

•Majority’s Civil Liberties vs. Minorities’ Civil Rights

The Bottom Line:

3636

KEY TERMS – Civil Rights KEY TERMS – Civil Rights • Affirmative actionAffirmative action:: Programs designed to take positive actions to increase Programs designed to take positive actions to increase

the number of women and minorities in jobs and educational programs.the number of women and minorities in jobs and educational programs.• Americans with Disabilities Act of 1990Americans with Disabilities Act of 1990:: An act of Congress that seeks An act of Congress that seeks

to minimize job discrimination, to maximize access to government programs, to minimize job discrimination, to maximize access to government programs, and ensure access to public accommodations for people with disabilities.and ensure access to public accommodations for people with disabilities.

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

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

• Civil disobedienceCivil disobedience:: Nonviolent refusal to obey laws perceived to be unjust. Nonviolent refusal to obey laws perceived to be unjust. • Civil rightsCivil rights:: The equality of rights for all people regardless of race, sex, The equality of rights for all people regardless of race, sex,

ethnicity, religion, and sexual orientation. Civil rights are rooted in the ethnicity, religion, and sexual orientation. Civil rights are rooted in the courts’ interpretation of the Fourteenth Amendment and in laws that courts’ interpretation of the Fourteenth Amendment and in laws that Congress and the state legislature pass.Congress and the state legislature pass.

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

• Civil rights movementCivil rights movement:: The mobilization of people to push for racial The mobilization of people to push for racial equality.equality.

• De facto segregationDe facto segregation:: Segregation that results from the actions of Segregation that results from the actions of individuals rather than the government.individuals rather than the government.

• De jure segregationDe jure segregation:: Government-imposed laws that required African Government-imposed laws that required African Americans to live and work separately from white Americans.Americans to live and work separately from white Americans.

• Equal Pay Act of 1963Equal Pay Act of 1963:: An act of Congress that banned wage An act of Congress that banned wage discrimination to people based on sex, race, religion, or national origin.discrimination to people based on sex, race, religion, or national origin.

3737

Key Terms (continued)Key Terms (continued)• Intermediate scrutinyIntermediate scrutiny:: A legal standard for judging whether a discriminatory A legal standard for judging whether a discriminatory

law is unconstitutional. Intermediate scrutiny lies somewhere between the law is unconstitutional. Intermediate scrutiny lies somewhere between the rational and strict scrutiny standards. It requires the government to show that a rational and strict scrutiny standards. It requires the government to show that a discriminatory law serves important governmental interests and is substantially discriminatory law serves important governmental interests and is substantially related to the achievement of those objectives, or a group to show that the law related to the achievement of those objectives, or a group to show that the law does not meet those two standards.does not meet those two standards.

• Jim Crow lawsJim Crow laws:: Laws that discriminated against African Americans, usually by Laws that discriminated against African Americans, usually by enforcing segregation.enforcing segregation.

• Lynching:Lynching: The unlawful killing, usually by hanging, of a person by a mob.The unlawful killing, usually by hanging, of a person by a mob.• Massive resistanceMassive resistance:: The policy many southern states followed in the wake of The policy many southern states followed in the wake of

the first the first BrownBrown decision of fiercely resisting desegregation. decision of fiercely resisting desegregation.• Rational scrutinyRational scrutiny:: A legal standard for judging whether a discriminatory law is A legal standard for judging whether a discriminatory law is

unconstitutional. Rational scrutiny requires the government only to show that a unconstitutional. Rational scrutiny requires the government only to show that a law is reasonable and not arbitrary.law is reasonable and not arbitrary.

• Reverse discriminationReverse discrimination:: Laws and policies that discriminate against whites, Laws and policies that discriminate against whites, especially white males.especially white males.

• Separate-but-equal standardSeparate-but-equal standard:: The now-rejected Supreme Court doctrine that The now-rejected Supreme Court doctrine that separation of the races was acceptable so long as each race was treated equally.separation of the races was acceptable so long as each race was treated equally.

• Strict scrutinyStrict scrutiny:: A legal standard for judging whether a discriminatory law is A legal standard for judging whether a discriminatory law is unconstitutional. Strict scrutiny requires the government to show a compelling unconstitutional. Strict scrutiny requires the government to show a compelling reason for a discriminatory law.reason for a discriminatory law.

• SuffrageSuffrage:: The right to vote. The right to vote.• Voting Rights Act of 1965Voting Rights Act of 1965:: An act of Congress which bars states from creating An act of Congress which bars states from creating

voting and registration practices that discriminate against African Americans and voting and registration practices that discriminate against African Americans and other minorities.other minorities.

• Women’s movementWomen’s movement:: The mobilization of people to push for equality between The mobilization of people to push for equality between the sexes.the sexes.

3838

Next Week: Chapt 6, Quiz & Next Week: Chapt 6, Quiz & Test 1Test 1• Chapter 6: Chapter 6: Public OpinionPublic Opinion

• Quiz 1: Quiz 1: Key TermsKey Terms Chapters 1-5: Chapters 1-5:– Scantron 50/50 (green side) with #2 pencilScantron 50/50 (green side) with #2 pencil– Administered next Monday!Administered next Monday!

• Test 1: Test 1: Key Terms Key Terms Chapters 1-5Chapters 1-5– Scantron 50/50 (green side) with #2 pencilScantron 50/50 (green side) with #2 pencil– Administered next WednesdayAdministered next Wednesday– Work on your own on Research Papers after Work on your own on Research Papers after

completioncompletion

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Bill of Rights SummaryBill of Rights Summary

4040

Civil Rights SummaryCivil Rights Summary