Civil Rights and Equality
Question:
How does the government assure processes that provide social, economic, and political rights to minorities.

History in America:
Race/Ethnicity (African Americans, Native Americans, immigrants), disabled, Sex, and Gender.
Some protections have been peaceful, some violent

Key Concern in Discussing Equality:
Should equality control more than "opportunity"?
Opportunity vs Outcomes

most Americans agree in "equal opportunity"
fewer agree on procedures to ensure "equal outcomes".

Key Question in Intervening to assure "equal outcomes":  
How much limitation of certain individual freedoms are acceptable in order to ensure that others have equal outcomes?
Equality of Opportunity

The idea each person is guarranteed the "same chance to succeed"

free competition is promoted in order to achieve.
seeks to level the playing field rules.
Equality of Outcomes

The concept is that society must ensure that people are equal, and to offset unequal outcomes government must redistribute wealth and status to promote economic and social equality results.

Example: admission quotas based on race, gender, disability.
Quotas "reproportionalize" so benefits extend greater to a specified group.
Primary Concerns Leading to Need to Protect and Create Equality

Invidious Discrimination
discrimination against a group that results in "harm" and is "based on animosity"

Civil Rights
powers or fundamental rights guaranteed to individuals and protected from arbitrary removal or reduction by gov't action or by individuals
African Americans - Constitutional Provisions

13th Amendment
ended slavery as an institution
14th Amendment
declared slaves free citizens
prohibited states to abridge this citizenship
guarantees due process
gurarantees equal protection
African Americans - Laws 

Many States enacted "Black Codes" to "restrict freedoms of Blacks"
Congress Passed: Civil Rights Act of 1866
gave some authority for national law over state law

Congress Passed: Civil Rights Act of 1875
tried to guarantee Blacks equal access to public accomodations

U.S. Supreme Ct. Refused to Apply national law to States. 
African Americans - Judiciary

U.S. Supreme Ct weakened the National Civil Rights Laws
1873- Ct ruled:
that State and National citizenship are distinct
that peaceful assembly was not nationally protected; states could regulate
that the 15th Amend did not guarantee right to vote, it only listed grounds that could not be used to "deny voting"
1883 - Ct ruled:
that the public accomodations section of the 1875 Civ Rights Act was unconstitutional applied to states
that the Fed govt could not prohibit "private citizens" from discriminating
that the Fed govt could not prohibit acts of "omission" by a state.
Racism and Racial Segregation was thus promoted through these decisions.
Voting became eroded:  Poll Tax (1877), Literacy Tests, Grandfather Clauses (a person could only vote if their grandfather was able to vote in 1867).
Racism: belief that human races are distinct and these distinctions create superiority and therefore right to rule others.

Racial Segregation: separation from society because of racial identity.

Jim Crowe Laws Developed in many states:
enforced segregation
Plessy v Ferguson (1896)
U.S. S. Ct upheald State imposed racial segregation if "separate but equal"
Sep but equal extended to schools (1899)
Segregation and Desegregation in Schools

NAACP advanced 
1938 - Gaines:
USS Court said a Black person must be admitted to Uni of MO law school (no sep law school of blacks in MO)

1950 Sweatt:
USS Court said a black law school was separate but not equal.
Brown v Board of Education (Topeka KS) 1954

NAACP sues:
Class Action suit based on "equal protection clause of 14th Amendment"
Direct Charge "Sep but equal is unconstitutional in education"
Held: Separate educational facilities are inherently (always) unequal
Result: Desegregation:  ends authorized segregation
Held: The school systems must desegregate "with all deliberate speed". (Brown v Bd of Ed II, 1955)
Brown II placed burdent of oversight to the lower Federal Courts.
1969:  Final Court order of Sup Ct issued that "Segregation must stop "at once"
Bussing is approved (Swann v Charlotte-Mechlenburg Schools)
Racial enrollment quotas approved
Parity among school zones
applied only to de jure segregation, not de facto
ended large scale segregation in "northern cities"
Civil Rights Movement

a mass mobilization during 1960s through late 1970s that sought equality of rights and opportunities for blacks in the south and north
Civil Rights Act 1964

1960-63 (Kennedy Era)
offered fed troops to insure safety of James Meredith (first black student at Uni ov Mississippi, 1962)
enforced desegregation at Uni of Alabama, 1963
petitioned congress for legislation outlawing segregation in public places (June 1963)
MLK, Jr. delivers "I have a dream" speech ; March for Jobs and Freedom, August 1963
Kennedy Assasinated Nov 22, 1963

1964 CRAct is most comprehensive legislation to address racial discrimination since 1866.
Civil Rights Act 1964

"Full and equal enjoyment" of places of pulic accommodation
established right to equality in employment opportunity
strengthened voting rights legislation
created equal employment Opportunity Commission
allowed funds to be withheld from federal programs administered in a discriminatory manner.
Upheld by the US Sup Ct:  "discrimination places  substantial burdens on interstate commerce and is therefore regulable by U.S. Congress."
Civil Rights and other Minorities

1987:  Court ruled:  Section 1981 of the Civil Rights Act of 1866 offers "protection from discrimination to all minorities"
any ethinic group proving they are a victim of discrimination protected by law may seek money damages" + Punitive Damages

Native Americans, Immigrants, Latinos, Disabled Americans, Homosexual Americans, Sex (Women and Men)
Affirmative Action

Defined:  Any wide range of programs aimed to expand opportunities for any qualifying group.

Perhaps Most Controversial Issue of the US Sup Ct
Example:  Bakke Case 1978 (Reverse Discrimination Case)
Held:  "use of racial quotas are not to be used unless they are used narrowly"
The Point:  Quotas are ok, but such practices are not to create "broad" advantages for minority group members.
Affirmative Action Rules

1. Aff Action is designed to overcome effects of present and past discrimination.
Proponents argue: quotas eliminate lasting effects of invidious discrimination; public and private sectors must take action to provide access to good education and jobs.
Opponents argue: quotas create invidious discrimination against individuals who are blameless and lead to less qualified persons with advantage
2. may impact educ, employment, and government contracts

Native Americans

In 1960s, 70s:
Militant Action Groups took Alcatraz (1969); Hostages at Wounded Knee (1973)
1970s and since:
Other groups used Legislation and Lobby Tactics
Native American Rights Fund
sued for land, money
lands in Midwest, Oklahoma, New Mexico, Washington
Govt ordered to pay Sious $117 million plus interest on the Black Hills of S. Dakota
Tribal status to own and operate Casinos, tribes pay no taxes.
Immigrant Groups  "Legal Immigration"

Until 1965 
Immigration Laws were invidiously discriminatory toward northern and western Europeans
used to deny eastern Europeans, Asians, Africans, or Jews to obtain legal entry

In 1965 
allowed prefernce to families of immigrants already living in the U.S.
preference to those with certain skills (doctors, engineers)
encouraged migration of professionals from Africa, South American and Asia
these professionals then brought families
Immigrants "Illegal Immigration"

Driven by America's need for Cheap Labor in agriculture and manufacturing

In 1986 Law changed: 
to impose burdent on employers to show legality,
employers required to pay fines for improper hiring
offered amnesty to illegals already living in the U.S. for 5 years
Law was not enforced

In 2006 Reform Law:
Need = 11 million plus illegals living in the U.S.
Border states hit hard by attempts to regulate illegal immigration
concerns for national security following 9-11

Latinos

1920s had a huge immigration from Mexico
Many became Farm Laborers
WWII increased need for farm labor
1965 Cesar Chavez organized a strike and movement of farm workers in California
Strike led to better pay and conditions, housing on farms

1970s/80s  growth included not only Mexico, Puerto Rico, but also Cuba, South and Central America.
This group remains the poorest of all immigrant groups, least educated
approximately 13% of the U.S. Population
4% of congress are Latino
Disabled Americans

43 million in the U.S.
Americans with Disabilities Act 1990 protects the disabled as a "protected minority"
Physical, mental, or other defect; those with AIDS, Alcoholism, drug addiction
guarantees access to employment, transportation, public accommodations, and communication services.

What is the meaning of "Disability"?
"a physical or mental impairment that substantially limits one or more major life activities."
Source References:

Janda, Kenneth, Jeffrey Berry, and Jerry Goldman. 2009. The Challenge of Democracy.  Boston, MA: WadsworthCengage Learning.
Shea, Daniel, Joanne Green, and Christopher Smith.  2007.  Living Democracy.  Upper Saddle River, NJ: Pearson Prentice Hall.
Schmidt, Steffan, Mack Shelley, and Barabara Bardes.  2008.  American Government and Politics Today.  Belmont, CA: Thomson Wadsworth.
Miroff, Bruce, Raymond Seidelman, and Todd Swanstrom.  2007.  The Democratic Debate.  Boston, MA: Houghton Mifflin Company.
Gitelson, Alan, Robert L. Dudley, and Melvin Dubnick. 2008. American Government.  Boston, MA: Houghton Mifflin Company.
Dreslang, Dennis, James Gosling.  2008.  Politics and Policy in American States and Communities.  New York, NY: Pearson Longman.