Chapter 5 - Civil Rights - Learning objectives:

1. Chapter 5 - Civil Rights - Learning objectives: • Define equality, and review differences between Civil Rights vs. Civil Liberties. • Trace the historic struggle of African Americans for racial equality and civil rights. • Discuss post-reconstruction racial restrictions and state enforced segregation. • Examine Equal Protection, and the role of the NAACP and Brown v. Board of Ed. • Examine the Civil Rights Act of 1964 and the Voting Rights Act of 1965. • Discuss the struggle of Asian & Hispanic Americans, & their growing political clot. • Discuss historic discrimination against American Indians and other minorities. • Examine the struggle of women for Equal Protection under the 14th Amendment. • Discuss gender equality and the ERA: economics, Title IX, and the “glass ceiling.” • Discuss rights of disabled Americans, and assess the effect of the ADA of 1990. • Discuss the conflict surrounding “Gay Rights” and “Don’t Ask, Don’t Tell” policy. • Examine the Supreme Court’s role in protecting civil rights and contrast its various tests to ensure them: rational scrutiny, strict scrutiny, & intermediate scrutiny. • Assess efforts to balance the conflict between: equal opportunity and equal outcome. • Discuss the pros and cons and constitutionality of affirmative action, and its impact. • Summarize theConstitutional Amendments and major guarantees of Civil Rights.

2. Civil Liberties versus Civil Rights • Civil Liberties => Bill of Rights => • Individual’s protection of basic freedoms • Limits & prohibits (-) Government powers • Civil Rights=> 14th Amendment => • Due process & Equal protection under the law • Gov. actions (+) to guarantee equality • But what kind of equalityis guarantied? • What are the different types of equality?

3. Equality’sdifferent interpretationsEqual treatment to all for: • Equality before the law? • Political equality? • Equality of opportunity? • Equality of results (outcome)? • Conflict over constitutional interpretation=> • Who, what & how much Government should protect* • How to protect & balance the rights of everyone • Majority's Liberties vs. Minorities’ Civil Rights

4. Civil Rights applied to whom? The term “civil rights” includes the equality of rights for the following minorities in varying degrees: ETHNICITY RACE Gender RELIGION SEXUAL ORIENTATION “Civil Rights” came about as a result of what contentious & “peculiar” institution in America’s history?

5. Slavery in AmericaA Timeline: 1619-1857 Key events in the history of slavery 1619 First slaves arrive 1787 The 3/5th rule *(Despite import ban the slave trade continued) 1808 Importing slaves made illegal* When did attitudes toward Slavery start to change & what are the sources of Civil Rights?

6. Early Sources of Civil Rights 14thAmendment Court Decisions State Legislatures US Congress Civil Rights

7. The Struggle for Civil RightsA Timeline of Key Events (1857-1875) Congress moves to establish Civil Rights 1866 to 1877 Congress passes Civil Rights Laws plus 14th & 15th Amendments 1857 Impact of Dred Scott 1865 13th Amendment ratified 1865 Reconstructionbegins & The South’s Response => The Black Codes 1863 Emancipation Proclamation Examine these event in greater detail=>

8. Actions vs. Reactions: Dred Scott vs. 13th Amendment Dred Scott Decision 1857- Ruled African Americans were not citizens so they are not entitled to civil liberties 1865- Amended Constitution to make made illegal Slavery 13th Amendment

9. Black Codes vs. 14th Amendment Laws that prevented African-Americans from buying property, signing contracts, and serving on juries Black Codes Granted citizenship to “all persons born or naturalized in the United States“- Equal Protection & Due Process 14th Amendment 15th Amendment Gave African-American men the right to vote

10. Reactions & Key Court Decisions Against Civil RightsTimeline: 1876-1909 Court rules against Civil Rights Laws 1876: US v. Cruikshank* & US v. Reese* 1896: Plessy v. Ferguson* 1873 Supreme Court Ruling virtually nullifies 14th Amendment 1909 Civil Rights advocates’ response:NAACP Compromise of 1877=> Reconstruction ends & Jim Crow Laws begin 1865 Ku Klux Klan formed- (Revived 1915) So what role did the Court play?

11. Court overturns Civil Rights Laws 1876: Laws against individual violations of Civil Rights Unconstitutional • U US v. Cruikshank 1876: No guarantee to all of Right to Vote US v. Reese 1896: Separate but Equal Standard Plessy v. Ferguson

12. Getting around Civil Rights: Jim Crow Laws • Significance of Jim Crow Laws? • - Officially sanctioned what? segregation What kind of segregation does Jim Crow sanction? De Jure Segregation: Laws that discriminated against African Americans, usually by enforcing segregation.

13. Court Changes DirectionTimeline: 1915-1948 Court Reverses its negative Direction on Civil Rights 1915 Guinn v. US* 1948 Truman’s Executive Order => desegregates the Armed Forces 1938 Missouri referred to in Gaines v. Canada* 1917 Buchanan v. Warley* 1944 Smith v. Allwright*

14. Supreme Court Moves Civil Rights Forward Once Again (1915-1917): 1915- The court ruled the so-called “grandfather” clauses were unconstitutional Guinn v. U.S. 1917-The court ruled that preventing African-Americans from buying homes in “white” neighbors was unconstitutional Buchanan v. Warley

15. Further Advances in Civil Rights 1938- The court ruled that Missouri had to establish truly equal facilities Gaines v. Canada 1944- The court ruled that white only primary elections were unconstitutional Smith v. Allwright

16. Major Turning Point in Civil RightsWhat major Court ruling changed the course for Civil Rights? Brown v. ?: • 1954:Supreme Court ruled thatseparate was not equal and that public schools must be desegregated. Thurgood Marshall argued against the continuance of school segregation in a class action suitbefore the Court • Chief Justice Earl Warren: “Separate educational facilities are inherently unequal.”=> impact? Supreme Court reversedPlessy v. ?=> and put a legal end to”_______?____ Segregation” Was that the end of segregation?

17. Brown v. Board of Education II: • States- especially in South, resisted… • In response: Court ordered an end to segregation with “All deliberate speed” • South’s reaction? • ? resistance • Federal Government’s Response? • 1957 Little Rock High School • Ike activates National Guard to enforce Court’s order • 1962 University of Mississippi • JFK sends in 82nd Airborne & Federal Marshalls to enforce Court’s order • 1963 University of Alabama • JFK sends in US Marshals & forces Governor Wallace to back down • It would take 15 yrs from Brown I to de-segregate

18. The Civil Rights Movement • Movement’s Strategy: • Non-violent protest of segregated American society • Movement’s tactic: Civil disobedience • Key illustrations of Movement’s Strategy & Tactics: • “Lunch counter sit-ins” beginning Feb 1960 in Greensboro, NC • CORE Freedom Rides – summer of 1961=> • Escalating violence erupts throughout the South • MLK & Birmingham protest march=> more violence • Voter registration drives in South => still more violence • Tactics serving strategy: • Non-violent protesters attacked with water canon and police dogs viewed by America on national TV • Nation’s reaction (disgust & guilt) => impact on Congress?

19. Congressional Response • Civil Rights Acts (1957-1960) => • Mostly symbolic and short of the mark • JFK’s assassination => major impact on public & Congress • Guilt and momentum & LBJ’s support => • Civil Rights Act of ____?(EEOC established) • Voting Rights Act of ____?(significance?) • Legal protection for minority suffrage • Voting Rights Acts (follow-up & expansion) of 1968,1974,1991

20. The Continuing Fight Against Discrimination • De facto segregationversusde jure segregation? • School integration trends by composition (Figure 5-2):

21. Discrimination Against Ethnic Minorities & Other Groups • Asian Americans – past de jure discrimination laws: • California discrimination laws of 1850s • Exclusion Act of 1882 & 1892 (Anti-Chinese) • Gentlemen’s Agreement Between Theodore Roosevelt & Japan • California laws barring land ownership by Asians • WWII Internment Camps for citizens of Japanese descent • Upheld by Supreme Court- 1944- (later Congress apologized) • Educational & economic success in spite of above • Growing political influence evident

22. Hispanic Americans • Now largest American minority (14+%) • California & Texas de jure discrimination laws • Long history of past discrimination • Bilingual education debate • (Spanish or English?) • Immigration Acts & Reforms: • Illegal alien issue of continuing concern for those on both sides • Laws enacted against hiring illegal aliens • Potential Job discrimination by employers • Economic demand for low wage labor unabated

23. American Indians • Population decline: • From 70 million => 210K => 2.2 million • (Pre-Columbus => following European Colonization => today) • Brutal history of past discrimination & repression • Trail of Tears & regular relocation by Federal Government • Numerous Treaty violations to take Indian lands • Vicious Indian Wars (1864 & 1890) • “Battle” of Wounded Knee (1890)- • US Army massacred Indian prisoners • Supreme Court decision of 1884 => • Court rules Indians not U.S. citizens • American Indian Movement (AIM) • Alcatraz Island occupation • (Treaty entitlement of abandoned Federal Lands) • Wounded Knee Hostage crisis (1973) => • Resulting in violence & death • Gradual improvement with time?*

24. Gradual improvements • Indian Citizenship Act of 1924 • American Indians finally granted citizenship • Indian Civil Rights Act of 1968 • Applied Bill of Rights to American Indians • 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) • If state allows gambling=> must give Indians same rights

25. Other Minorities- Arab Americans • Civil Rights Act of 1866 • Applied to all ethnic minorities • Protects against wide rage of discrimination => • Any ethnic group discriminated against can now sue • Unknown factor: • Post 9/11 attitudes & Patriot Act ‘s impact on Civil Rights (TBD-mixed) • Next time: Chapter 5b (Learning Objectives 8-15)

26. Chapter 5b: Civil Rights-Learning objectives • Examine discrimination against women, the disabled, age, & gays • Examine the Supreme Court’s role in protecting civil rights and contrast its various teststo ensure them: • 1.rational scrutiny • 2.strict scrutiny • 3.intermediate scrutiny. • Assess efforts to balance the conflict between: equal opportunity and equal outcome. (Know the difference) • Be prepared to discuss the pros and cons and constitutionality of affirmative action, and its impact. • Be able to summarize theConstitutional Amendments and major guarantees of Civil Rights. • Quiz 1: Key Terms Chapters 1-5: Scantron with #2 pencil • Administered immediately following today’s lesson!

27. Discrimination Against Women • 19th Century paternalisticattitude of men • Reflected by Supreme Court Decisions of 1800s: • Court’s attitude: comply with “…law of the Creator.” • Prevailing middle class attitude: Homemaker • Campaigning for the Right to Vote: • Women’s movement– Seneca Falls Declaration • Cady Stanton & Lucretia Mott’s were key leaders • Declaration of Sentiments (quoted in Text) • Women also supported Abolition & latersuffragefor African Americans • Aim: Gain own suffrage in the process • Suffragecampaign for women => • Struggle for right to vote (1860 -1920) • Finally culminating in what Amendment? • ?th Amendment

28. Women’s Fight for Equal Rights Continues: • Impact of The Feminine Mystique by Betty Friedan • Spoke to frustration felt by many women of 1960s • Women’s Movement reemerged during 1960s • Women questioned society’s long established roles for them • Civil rights movement provided strategy & tactics to follow: • N.O.W. pursued economic improvement for women • Sought passage of Equal Pay Act of 1963 • (with mixed results) • Equivalent vs. comparable jobs debated • (Women’s pay still falls short of men’s)

29. Congressional Actions in Response • Congress enacted key legislation against discrimination against women: • Civil Rights Act of ? • Opponent’s “poison pill” tactic blackfaces • Title ? of Higher Education Act of 1972 => impact? • Other Legislation advancing women’s rights: • Equal Opportunity Credit Act of 1974 • Able to obtainloans in own name • 1978: Congress prohibited job discrimination • Barred discrimination against women for pregnancy • Family & Medical Leave Act (1993) (Clinton’s support) • Violence Against Women Act (1994) • Law aimed at anti-domestic violence • Congress strengthened above act in 2000 over Court action • ERA Amendment fell short of ratification (Figure 5-3)

30. Fight for Equal Rights in the Courts • 1971 => Supreme Court finally acts • Idaho law - banned executor discrimination in wills • Subsequent rulings prohibit sex discrimination at work • Newspaper ads- no more separate categories • Employer discrimination against prospective mothers banned • No Mandatory maternity leave • No excessive pension contribution due to expected longevity • No State (military) all-male colleges ( Citadel & VMI opened to women-1996) • Also applied anti-discrimination laws to men • Drinking age (18 vs. 21) in Oklahoma (1976)- unconstitutional • Alabama law barring men’s alimony suits overturned • Exceptions: draft registration & widow tax exemptions • Certain hiring & promotion decisions may be acceptable • Intermediate scrutinycriterion (to be discussed later)

31. Some Important Gains Noted • Key gains made at Federal & State Government levels: • Elected as members of Congress (Speaker Pelosi) • Appointed to key Executive positions: • At Cabinet level & Federal Bureaucracy • Military Officer & command leadership • Elected as Governors & state legislators • Appointed as Federal Court judges • Business/Fortune 100 Corporations • Corporate executives up from 0 to 11% • Women owned businesses have tripled since 1970: 10.6 M businesses in 2004 • Employ 19.1M with sales of $2.5 Trillion • Important gains made in access to higher & graduate education levels • Male only colleges virtually eliminated • Women now attend prestigious schools • (Ivy league & Military Academies) • A few of these gains were made at great sacrifice

32. Struggle Against Sex Discrimination Continues: • Women (51% population) still remain in “minority” when it comes to Government, Public, & Corporate leadership positions, to include equal pay: • 1 in 7 make up Congressional membership in 2005 • 1 in 9 at the Supreme Court & 23% of all Federal Judges • As yet - no woman has been elected president or VP of US • Women still underrepresented at College/Universities • Comprise only 15% of University Deans • Women comprise 34% of law school faculties

33. Private Sector Discrimination • In private sector hampered on the Corporate ladder • Few have risen to CEO level of major corporations - why? • Woman often encounter the invisible “________? ceiling” (?) • Need larger middle executive base to draw on for upper levels • Pay gap: Women make less than men • Women lawyers make only 35% of their high ranking male counterparts • Women themselves disagree among themselves over goals & strategy • Many argue that Affirmative Action & gender equality may ultimately deprive them of key protections • (Special consideration during divorce & child custody suits)

34. Extending Civil Rights • People with Disabilities: major legislation • Americans with Disabilities Act of 1990: • Minimize job discrimination, to maximize access to government programs, & ensure access to public accommodations for people with disabilities • ADA benefits vs. costs to businesses must be weighed • People with Age Claims • Age Discrimination Act of 1975 • Businesses & others can’t discriminate against the Old • (Exceptions to rule - to be discussed later) • Potential discrimination against young people? • Acts of Congress & Courts seem to favor old over young • Major exception to this trend? • ?th Amendment(1971)

35. Gays and Lesbians • 1991: Clinton’s support for gay rights rebuffed by Congress • “Gays in Military” policy strongly resisted by military professionals • Compromise policy resulted: => “Don’t Ask, Don’t Tell…” • Continued with George W. Bush Administration with mixed results • Major controversial issue: Gay Marriage and/or Civil Unions: • 1993: Hawaii Supreme Court ruled that w/o compelling gov. reason=> • State ban on homosexual marriage would be declared unconstitutional • 1996: In reaction - Congress passed Defense of Marriage Act (DMA) • Several states enact laws to prohibit recognition of gay marriages • 1998: Hawaii ratified Constitutional Amendment (ban gay marriages) • 2000: Vermont enacted law allowing same-sex civil unions • 2004: Massachusetts Supreme Court issued its “advisory decision” • In reaction President Bush issued a call for Constitutional Amendment • 2008: California Supreme Court struck down state’s ban on same-sex marriage • Implications of Article IV (Full Faith and credit clause)? • Key Question for Courts:Article IV versus DMA • Entire issue hotly debated

36. The Burden of Proof for Discrimination • Three Tests that the Court Applies: • 1. Rational scrutiny • 2. Intermediate scrutiny • 3. Strict scrutiny • Test #1: Rational scrutiny • Burden of proof that the Government must meet? • Government must apply a reasonable& consistent criteria for its discrimination against an individual or group to meet constitutional muster • Examples?

37. Test #2: Intermediate scrutiny • Burden of proof to be met? • Must serve (what kind of) government interests, and be directly related to achieving those objectives • Example of important objective criteria? • Maintain high combat effectiveness & rigid training standards for? • (War in Iraq’s potential impact on this “Men Only” combat arms policy?) • “Skeptical scrutiny”? • (Applied by Ginsburg for VMI-1996) • More stringent test for gender cases heard before the Court in future? • (Doubtful, considering Court’s current Conservative vs. Liberal composition)

38. Test #3: Strict scrutiny • What kind of Burden of proof must be met? • __(what kind of?)______________?government reason for discrimination • Proof applied primarily to what kind of discrimination? • Which of all the Tests has highest burden of proof? • _______________? scrutiny • Which requires lowest burden of proof? • ________________?scrutiny (for example: ?) • What government policy attempts to comply with these various Tests in order to increase the number of women and minorities in jobs and educational programs? *

39. Affirmative Action & Equality • Equal Opportunity or Equal Outcomes? • What is the difference? • Constant struggle to find right balance between both • Title IX & its positive effect on women athletes vs. its negative impact on certain male gymnastic & wresting teams • Also University criteria for acceptance of new students • Diversity goals, race factor considerations & quotas (outcomes) • What does heavy reliance on equality of outcome risk? • ? ______________ Discrimination*- • Laws that discriminate against majority, esp. white males • Example: Bakke v. UC DavisSupreme Courtdecision=> • Court ruled that Racemay be a factor in selection process • But not the only factor • Recent Supreme Court case against U. of Michigan • Selection and admission criteria had to be revised • “quotas” based on point system was unacceptable to court

40. The Constant Struggle of Civil Rights The Bottom Line: finding the right balance Minorities’ Civil Rightsvs. Majority’s Liberties

41. Today & Next Week (5): Test 1 & Chapt 6 • Today: Quiz 1: Key Terms Chapters 1-5: • Scantron with #2 pencil • Administered immediately following today’s lesson! • Next Tuesday: Test 1 on Key TermsChapters 1-5 • Scantron 50/50 with #2 pencil • Work on your own on Research Papers after completion • Next Thursday: Chapter 6: Public Opinion • Learning Objectives #1-10

42. 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. • Civil rights movement: The mobilization of people to push for racial equality. • De facto segregation: Segregation that results from the actions of individuals rather than the government. • De jure segregation: Government-imposed laws that required African Americans to live and work separately from white Americans. • Equal Pay Act of 1963: An act of Congress that banned wage discrimination to people based on sex, race, religion, or national origin.

43. Key Terms (continued) • Intermediate scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Intermediate scrutiny lies somewhere between the rational and strictscrutiny standards. It requires the government to show that a discriminatory law serves important governmental interests and is substantially related to the achievement of those objectives, or a group to show that the law does not meet those two standards. • Jim Crow laws: Laws that discriminated against African Americans, usually by enforcing segregation. • Lynching:The unlawful killing, usually by hanging, of a person by a mob. • Massive resistance: The policy many southern states followed in the wake of the first Brown decision of fiercely resisting desegregation. • Rational scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Rational scrutiny requires the government only to show that a law is reasonable and not arbitrary. • Reverse discrimination: Laws and policies that discriminate against whites, especially white males. • Separate-but-equal standard: The now-rejected Supreme Court doctrine that separation of the races was acceptable so long as each race was treated equally. • Strict scrutiny: A legal standard for judging whether a discriminatory law is unconstitutional. Strict scrutiny requires the government to show a compelling reason for a discriminatory law. • Suffrage: The right to vote. • Voting Rights Act of 1965: An act of Congress which bars states from creating voting and registration practices that discriminate against African Americans and other minorities. • Women’s movement: The mobilization of people to push for equality between the sexes.

44. Bill of Rights Summary

45. Civil Rights Summary

46. Seneca Falls Declaration • Opening paragraphs of the Declaration • “ When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course. We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. • Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they were accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design despotism, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. • The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an ate tyranny over her. To prove this, let facts be submitted to a candid world.