Part III: Extending Equal Rights to All Citizens

1791 - present

December 1791

- The states have established their independence from Britain, and have become one nation.

- The U.S. Constitution has been ratified by all 13 of the states.

- A bill of rights, in the form of amendments 1 – 10, has been added to the U.S. Constitution.

- Who benefits fully from these rights and the right to self-determination (civil and political rights)?

Who is still not treated like a person?

Who is (or can become) a citizen?

Who is a citizen but still disenfranchised?

Who has the power to change this?

Within the governmental framework set up by the U.S. Constitution, what mechanisms for change exist?

What kinds of things will ordinary citizens do, to push for equal rights?

Major rights movements in the 19th and 20th centuries

How did the U.S. end slavery?

1787: compromises made in the U.S. Constitution just pushed back the decision1789 - 1850s: efforts focused on keeping “balance” between slave and non-slave states and territories through laws and “compromises” deeper passions on each side1830s – 1850s Abolitionist movement grew but…1857: Sup. Court decision in Dred Scott case: - blacks are not and could not become citizens and

therefore had no rights in court- Congress cannot outlaw slavery in the territories

Once the Supreme Court rules on an issue, what options are left?

- pass new laws (at national or state level) and manage to enforce them without having them challenged

- get a constitutional amendment- get a new case to go through the courts, up to

the Supreme Court, and hope that a majority of the justices will be willing to overturn a prior decision of the court

With respect to slavery, did any of these things happen?

With respect to slavery, did any of these things happen?

No, instead the U.S. went to war (Civil War).

Key milestones

- 1860 Civil war begins- 1863 Emancipation Proclamation (an executive order, by A. Lincoln)- 1865 War ends (Union wins).

13th Amendment is passed.Rebel states required to ratify it.

- 1868 14th Amendment - 1870 15th Amendment

13th Amendment

14th Amendment

- Section 1:- Anyone born or naturalized in U.S. is a citizen of

the nation and of the state where they live.- States cannot:

- make/enforce laws that limit citizens’ freedoms/rights- take away anyone’s life/liberty/property without going

through fair process (law enforcement + courts)- fail to apply laws consistently and fairly to people living

in their state, in recognition of their rights as citizens

14th Amendment

Sections 2-4 were to resolve issues left by Civil War:

2: how will population be recounted without 3/5ths compromise; who can vote; what happens if an eligible person is denied suffrage3: who can run for office4: whose war-related debts are legitimate

5: Congress has the power to enforce this!

15th Amendment

Further milestones- 1865 – 1877: Reconstruction- 1875 – 1896: tug of war between Congress, southern states

and Supreme Court- 1875: Congress passes Civil Rights Act, but Supreme Court

in 1883 weakens it by saying it doesn’t apply to individuals- 1870s: Sup. Ct sees STATES, not fed. govt, as responsible

for enforcing “equal protection clause” of 14th Amendment

- 1896: Sup. Ct decision in Plessy v. Ferguson: “having separate but equal” facilities for racial groups does not violate the rights of people of color (non-whites)

What happened as a result of the stance taken by the federal govt

(esp. Supreme Court)?

- Rise of “black codes” and “Jim Crow” laws - Failure to ensure “equality” in public facilities - Failure to prosecute “vigilante” justice (attacks, lynchings) and white supremacist acts

“de jure” segregation by race

• Where was it evident?

• How long did this last?

How did advocates of the rights of African-Americans respond?

- Early 1900s formation of organizations like NAACP, writings by W.E.B. DuBois and others,anti-lynching movement led by Ida Wells-Barnett

- 1916 – 1919 Patriotism of African-American soldiers in World War I (despite segregation of troops by race and attacks on return home)

- 1930s Willingness of individuals to challenge color lines by applying to universities, to file lawsuits

- 1940s Successful appeals to Presidents (Roosevelt in 1941, Truman in 1948) to end segregation within defense industry and military via executive order

What finally opened the door to the modern civil rights movement?

- 1954 Supreme Court: Brown v. BOE: “separate” is never equal; segregation in public education is unconstitutional because it denies equal protection under the law to children who are not white (contrary to 14th Amendment); Plessy v. Ferguson is overturned

1955 – mid 1970s modern civil rights movement picks up momentum

Civil rights milestones after 19541955: Montgomery bus boycott (followed in 1956 by Supreme Court decision outlawing segregating seating on buses)1957 – 1963: resistance to desegregation of schools and transportation, non-violent protest, violence against civil rights leaders and citizens, incl. children

1963: March on Washington, MLK “Dream” speech, assassination of JFK1964: Civil Rights Act (against discrim.employment + public accommodations) 24th Amendment (poll taxes)1965: Selma to Montgomery march for voter registration Voting Rights Act: federal gov’t allowed oversight of elections Malcolm X assassinated1968: Civil Rights Act (against discrimination in housing) RFK and MLK assassinated1971: Supreme Court rules that federal courts can order busing of children in order to desegregate schools1970s – 1980s: continued efforts to desegregate schools, neighborhoods, etc.

Evidence of continued racial segregation and discrimination?

• “de facto” vs. “de jure” segregation• racial profiling• unequal rates of incrimination and

incarceration• affirmative action and arguments against it

Other movements inspired by the push for African-Americans’ civil rights