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Civil Rights

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Nicholas Antonucci

on 16 March 2017

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Transcript of Civil Rights

Civil Rights

Vocab Quiz on Wednesday 3/1
See page 179 in your textbook
Eyes on the Prize
01-Awakenings, 1954-1956
Eyes on the Prize
02-Fighting Back, 1957-1962
Eyes on the Prize
03-Ain't Scared of Your Jails, 1960-1961
Eyes on the Prize
05-Mississippi, Is This America, 1962-1964
Race, the Constitution, and Public Policy

The Era of Reconstruction and Resegregation
Jim Crow or segregational laws
Relegated African Americans to separate facilities
Plessy v. Ferguson (1896)
Upheld the constitutionality of “equal but separate accommodations”

Race, the Constitution, and Public Policy

Two Centuries of Struggle

Civil Rights
Definition: policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals
Racial Discrimination
Gender Discrimination
Discrimination based on age, disability, sexual orientation, and other factors

Introduction
Racial minorities and women have struggled for equality since the beginning of the republic.
Constitutional amendments and civil rights legislation guarantee voting and freedom from discrimination.
Civil rights have expanded to new groups.

Summary
Civil Rights and Democracy
Equality favors majority rule.
Suffrage gave many groups political power.
Civil Rights and the Scope of Government
Civil rights laws increase the size and power of government.
Civil rights protect individuals against collective discrimination.
Understanding Civil Rights & Public Policy
In employment
United Steelworks v. Weber (1979)
Quotas to remedy past discrimination are constitutional.
Adarand Constructors v. Pena (1995)
To be constitutional, affirmative action must be “narrowly tailored” to meet a “compelling governmental interest.”
Did not ban affirmative action, but severely limited its reach
Affirmative Action
Affirmative Action
Gay and Lesbian Rights
Bowers v. Hardwick (1986)
Lawrence v. Texas (2003)
Overturned Bowers - Private homosexual acts are protected by the Constitution
Gay marriage
Many state constitutions amended to prohibit practice
Obergefell v. Hodges (2015) - States cannot keep same-sex couples from marrying and must recognize their unions.The decision was 5-4.
"They ask for equal dignity in the eyes of the law," Kennedy wrote of same-sex couples in the case. "The Constitution grants them that right."
Civil Rights and the Graying of America
Age classifications not suspect category, but fall under rational basis test.
Civil Rights and People with Disabilities
Americans with Disabilities Act of 1990
Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities
Prohibits employment discrimination against the disabled
Newly Active Groups Under
the Civil Rights Umbrella
Women in the Workplace
The Civil Rights Act of 1964 banned gender discrimination in employment.
Wage Discrimination and Comparable Worth
The Supreme Court has not ruled on this issue.
Women in the Military
Only men may be drafted or serve in ground combat.
Sexual Harassment
Prohibited by Title VII of Civil Rights Act of 1964
Women, the Constitution, and Public Policy
The Second Feminist Wave
Reed v. Reed (1971)
“Arbitrary” gender discrimination violated 14th Amendment’s Equal Protection Clause
Craig v. Boren (1976)
“Medium scrutiny” standard established for gender discrimination
Equal Rights Amendment fails ratification by states (1982)
Women, the Constitution, & Public Policy
The Battle for the Vote
Nineteenth Amendment: extended suffrage to women in 1920
The “Doldrums”: 1920-1960
Laws were designed to protect women, and protect men from competition with women.
Equal Rights Amendment first introduced in Congress in 1923

Women, the Constitution, & Public Policy
Other Minority Groups
Native Americans
Santa Clara Pueblo v. Martinez (1978)
Hispanic Americans
Mexican American Legal Defense and Education Fund
Asian Americans
Korematsu v. United States (1944)

Race, the Constitution, & Public Policy

Getting and Using the Right to Vote
Smith v. Allwright (1944): ended white primaries
Twenty-fourth Amendment: eliminated poll taxes for federal elections
Harper v. Virginia State Board of Elections (1966): no poll taxes at all
Voting Rights Act of 1965: helped end formal and informal barriers to voting

Race, the Constitution, and Public Policy

Getting and Using the Right to Vote
Suffrage: the legal right to vote
Fifteenth Amendment: extended suffrage to African Americans
Poll Taxes: small taxes levied on the right to vote
White Primary: Only whites were allowed to vote in the party primaries.
Race, the Constitution, and Public Policy

The Era of Civil Rights (continued)
Civil Rights Act of 1964
Made racial discrimination illegal in hotels, restaurants, and other public accommodation
Forbade employment discrimination based on race
Created Equal Employment Opportunity Commission (EEOC)
Strengthened voting right legislation

Race, the Constitution, and Public Policy

The Era of Civil Rights
Brown v. Board of Education (1954)
Overturned Plessy
School segregation inherently unconstitutional
Integrate schools “with all deliberate speed”
Busing of students solution for two kinds of segregation:
de jure, “by law”
de facto, “in reality”

Race, the Constitution, and Public Policy

Race, the Constitution, and Public Policy

Race, the Constitution, and Public Policy
The Era of Slavery
Dred Scott v. Sandford (1857)
Slaves had no rights.
Invalidated Missouri Compromise
The Civil War
The Thirteenth Amendment
Ratified after Union won the Civil War
Outlawed slavery
Race, the Constitution, and Public Policy
Conceptions of Equality
Equal opportunity: same chances
Equal results: same rewards
Early American Views of Equality
The Constitution and Inequality
Equality is not in the original Constitution.
First mention of equality in the 14th Amendment: “…equal protection of the laws”

Two Centuries of Struggle

Civil Rights and Public Policy

Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group
In education
Regents of the University of California v. Bakke (1978)
Racial set asides unconstitutional
Race could be considered in admissions
Grutter v. Bollinger (2003)
Race could be considered a “plus” in admissions
The Constitution imposes responsibilities, or civil rights, on government officials and government employees.

The Civil Rights Act of 1964 prohibits businesses from making discriminatory hiring decisions based on race, color, sex, religion, and national origin

Strict scrutiny test, heightened scrutiny test, and ordinary scrutiny test are the tests the courts apply to determine when unequal treatment is legal.

The strict scrutiny test is applied by the courts in cases related to suspect classifications.
The 1967 Loving v. Virginia case determined state laws barring interracial marriage were unconstitutional.

Sex-based discrimination cases are subject to the heightened scrutiny legal treatment test.

Attacks against individuals are considered hate crimes under most state law but a handful of states DO NOT include the following classification gender identity or sexual orientation.


Using the ordinary scrutiny test, courts have been willing to allow age-based type of differential treatment.


The 1996 Defense of Marriage Act was declared unconstitutional in 2013.

The active yet nonviolent refusal to comply with morally-objectionable laws, used by abolitionist organizations like the American Anti-Slavery Society and civil rights activists like Martin Luther King, Jr., is known as
civil disobedience.

The Dred Scott v. Sandford 1857 Supreme Court decision set the stage for the Civil War by mobilizing the abolitionist movement.
Thirteenth Amendment was passed in 1865 and outlawed slavery.
The 14th amendment was passed in 1868 and provided for due process of law, equal protection under the law, and respect for the privileges and immunities of all citizens
Thirteenth, Fourteenth, and Fifteenth were the constitutional amendments passed in the aftermath of the Civil War, and codified the victory of the North.

Laws passed immediately after the Civil War by southern states that limited the rights of "freemen," or former slaves, were known as Black Codes.

Another name for the Civil Rights Act of 1872 was the Anti-Ku Klux Klan Act which made it a federal crime to deprive individuals of their rights.

All of the following were used in southern states during the Jim Crow era to deny African Americans their voting rights:
White primaries
Literacy tests
Poll taxes
Grandfather clauses
Plessy v. Ferguson's Court ruling created the separate but equal doctrine, which upheld state laws that mandated racial separation in schools and all public.

The separate but equal doctrine was the aspect of racial discrimination became the primary target of the NAACP (National Association for the Advancement of Colored People) in its first decades of existence.


Thurgood Marshall was the first African American to sit on the U.S. Supreme Court.

The Brown v. Board of Education Supreme Court decision ended the federal government's support for separate but equal practices in the southern states.

Title VII, part of the Civil Rights Act of 1964, establishes a standard of equality in employment opportunity, and establishes a body of law that regulates legal employment practices.
The civil rights legislation - Voting Rights Act of 1965 - banned discriminatory voter registration practices, and mandated federal intervention in any county with less than 50 percent of those eligible registered to vote.
In its 2013 Shelby v. Alabama decision about voting rights, the Supreme Court found unconstitutional, a portion of the Voting Rights Act of 1965.

In 1848, Lucretia Mott and Elizabeth Cady Stanton organized the first meeting of the U.S. women's rights movement at Seneca Falls, New York.

Bradwell v. Illinois is the legal case that was the first to argue that the 14th Amendment's protections also applied to women.
The 19th amendment to the Constitution prohibits the federal government from abridging or denying citizens the right to vote on account of sex.
Under the 1976 case of Craig v. Boren, in order for different treatment in a sex-based discrimination case to be legal it must be substantially related to an important government interest.

Intersectionality - The experience of facing discrimination for multiple reasons, such as because you are black, low-income, and female.
Most of the 370 treaties entered into between Native American tribes and the federal government between 1778 and 1870 resulted in the federal government reneged on its promises, and the tribes received no land.

John F. Kennedy was the first U.S. president to define and use the term affirmative action.

The 1971 Court decision in Cisneros v. Corpus Christi Independent School District established Latinos as a legally recognized minority group in the United States.
The main purpose of the Americans with Disabilities Act Amendments, passed in 2008 was to broaden the meaning and scope of the term "disability".
Full transcript