Civil Rights

Section 1: Civil Rights and DiscriminationCivil Rights and Discrimination Section 2: Equal Justice under LawEqual Justice under Law Section 3: Civil Rights LawsCivil Rights Laws Section 4: Citizenship and ImmigrationCitizenship and Immigration Chapter 11: Civil Rights

Civil Rights Section 1 at a Glance Civil Rights and Discrimination Civil rights are the freedoms and protections that individuals have by law, especially those that concern equal status and treatment. The meaning of civil rights in the United States has changed over time as society, laws, and legal interpretations of civil rights have changed. For much of U.S. history, certain ethnic and racial groups, women, and others have suffered from discrimination and a denial of civil rights.

Civil Rights Reading Focus What are civil rights, and how have civil rights in the United States changed over time? How has a pattern of discrimination affected the civil rights of some groups in U.S. history? Main Idea The Constitution is designed to guarantee basic civil rights to everyone. The meaning of civil rights has changed over time, and many groups have been denied their civil rights at different times in U.S. history. Civil Rights and Discrimination

Civil Rights The Importance of Civil Rights

Civil Rights How Have Civil Rights Changed? At the time of the Declaration of Independence, American society viewed women and racial minorities as unequal to white men of European ancestry. American society’s views now include equality for those groups previously denied equal treatment. What Are Civil Rights? Equal status and treatment Example: Illegal to discriminate based on race Equal participation in government Example: Right to vote Civil Rights in the United States

Civil Rights

Contrasting How is the meaning of civil rights today different from in the past? Answer(s): Groups that were formerly denied their civil rights by the government, including women and minorities, are now recognized as being entitled to them.

Civil Rights In its history, the United States has practiced legalized discrimination toward minority groups based on prejudice, unfounded negative opinions, and racism, unfair treatment because of race. Forced into slavery 1857, Dred Scott v. Sandford: African Americans could never be U.S. citizens Thirteenth Amendment abolished slavery Fourteenth and Fifteenth Amendments granted citizenship and right to vote African Americans Effects of colonization of North America included diseases and loss of territory through force, violated treaties, and government policy regarding reservations Forced onto reservations Forced “Americanization”; prevented from speaking native language or maintaining traditional ways of life Native Americans A Pattern of Discrimination

Civil Rights Asian Americans Chinese Exclusion Act of 1882 effectively ended Chinese immigration Japanese American Internment during World War II Hispanics 1840s: U.S. took over the southwest leading to discrimination, violence, and loss of land Immigrated from Puerto Rico, Cuba, Mexico for work and to escape political turmoil Women Few rights before , Bradwell v. Illinois: Women barred from practicing law A Pattern of Discrimination (cont’d.)

Civil Rights

Summarizing What groups have experienced civil rights violations in the past? Answer(s): racial minorities, women, religious minorities, immigrants

Civil Rights Section 2 at a Glance Equal Justice under Law The Fourteenth Amendment guarantees equal protection of the law. Despite attempts to protect their civil rights after the Civil War, African Americans suffered discrimination, unequal treatment, and legalized segregation. Women’s struggle for equal justice initially centered on the right to vote.

Civil Rights Reading Focus What is meant by equal protection of the law? What civil rights laws were passed after the Civil War, and why did they fail to end segregation? How did women fight for and win voting rights? What events began to roll back racial and ethnic segregation in the United States? Main Idea The Fourteenth Amendment was designed to bolster civil rights by requiring states to guarantee to freed slaves “the equal protection of the laws.” However, African Americans and women still struggled to win equal treatment in American society. Equal Justice under Law

Civil Rights Equal Protection

Civil Rights Three tests the courts use to determine fairness: Rational Basis Tests (“good reason”; driver’s license) Intermediate Scrutiny Test (higher standard; Selective Service) Strict Scrutiny Test (highest standard) –Restriction of a fundamental right –Classification made based on race or national origin (“suspect classification”) Reasonable Distinction There are times when it is appropriate and legal to distinguish between different groups of people. Equal Protection of the Law The Equal Protection Clause 14th Amendment’s equal protection clause: “No State shall... deny to any person within its jurisdiction the equal protection of the laws.” Specifically targeted at states; protects civil rights

Civil Rights

Identifying the Main Idea How does the Court interpret the equal protection clause? Answer(s): by using reasonable distinction to determine whether it is legal to distinguish between different groups of people

Civil Rights Post–Civil War Laws 13th, 14th, 15th Amendments Many federal civil rights laws Little effect on society Jim Crow laws Aimed at African Americans Raised positions of whites while lowering nonwhites Examples: schools, theaters Racial Segregation Progress in the South, 1865–1877 Compromise of 1877 led to: —Violence —Segregation: separation of racial groups Separate-but-equal doctrine 1896, Plessy v. Ferguson: Louisiana law requiring separate railway cars for whites Allowed separate facilities so long as they were “equal” Laws and Segregation after the Civil War

Civil Rights

Sequencing What events after the Civil War led to legalized segregation in the South? Answer(s): the end of military occupation in the South, the rise of extremist groups such as the Ku Klux Klan, and the passage of Jim Crow laws by state governments

Civil Rights Women’s demand for equal rights grew out their participation in the struggle for African Americans’ rights. The main goal was women’s suffrage (right to vote). 1848: Seneca Falls Convention Conflict in women’s support of Fifteenth Amendment States, especially in the West, begin giving women voting rights The Women’s Movement Begins Early 1900s: Suffrage effort began again 1920: Nineteenth Amendment “The right of citizens... to vote shall not be denied... on account of sex...” Winning the Vote Voting Rights for Women

Civil Rights Sequencing What were some key events in the fight for women’s suffrage? Answer(s): the Seneca Falls Convention; Declaration of Sentiments; lobbying to have women included in the Fifteenth Amendment; the Wyoming Territory allowing women the right to vote in 1869; Nineteenth Amendment ratified

Civil Rights School Desegregation Schools begin phasing out separation of groups based on race De facto segregation (segregation in fact; reflect social and economic differences between groups) Early Legal Challenges NAACP fought to end de jure segregation (legal segregation) Example: Gaines v. Canada (1938), Sweatt v. Painter (1950) Brown v. Board of Education of Topeka, Kansas (1954) Filed on behalf of all African American students; overturned Plessy Rolling Back Segregation

Civil Rights

Summarizing How did legalized segregation in the United States finally end? Answer(s): It was challenged in the courts, using cases in which students were denied an equal education.

Civil Rights Landmark Supreme Court Cases Brown v. Board of Education of Topeka, Kansas (1954) Why It Matters: In this case the Supreme Court ruled that de jure segregation violated the equal protection clause of the Constitution. This decision led to desegregation and helped spark the civil rights movement.

Civil Rights Section 3 at a Glance Civil Rights Laws The civil rights movement in the 1950s and 1960s led to a series of federal laws designed to protect people’s civil rights. In addition to civil rights laws, affirmative action policies attempted to address the effects of past discrimination.

Civil Rights Reading Focus What was the civil rights movement, and what effects did it have on American society? What new federal laws were passed in response to the civil rights movement? How were civil rights extended to women, minorities, and people with disabilities? How are affirmative action policies a part of the civil rights movement? Main Idea In the 1950s and 1960s, an organized movement demanding civil rights changed American society and led to a series of new federal laws that protected the civil rights of African Americans and other groups. Civil Rights Laws

Civil Rights Standing Up for Your Rights

Civil Rights Civil rights movement: mass movement during 1950s and 1960s to guarantee civil rights of African Americans protests against injustice, segregation support for new federal civil rights laws Key Events: –9 African American students enter Central High School, Little Rock, AR –Rosa Parks refuses to give up seat on bus, resulting in bus boycott led by Martin Luther King Jr., and successful suit against city of Montgomery, AL by NAACP –Nonviolent protests were strategies used by activists –Acts of civil disobedience (nonviolent refusal to obey law) common. –1963: March on Washington –1965: March from Selma to Montgomery; violent images led to passage of new federal civil rights laws The Civil Rights Movement

Civil Rights

Sequencing What were the key events of the early civil rights movement? Answer(s): Rosa Park’s refusing to give up her bus seat; Montgomery bus boycott; Supreme Court’s upholding that public facilities could not be segregated; acts of civil disobedience; 1963 March on Washington with Martin Luther King’s “I Have a Dream” speech; Selma to Montgomery marches leading to Bloody Sunday

Civil Rights Civil Rights Laws under Eisenhower Civil Rights Act of 1957 (Civil Rights Commission) Civil Rights Act of 1960 (voting) Voting Rights Laws Twenty-fourth Amendment (banned poll tax: tax on someone attempting to vote) Voting Rights Act of 1965 (banned literacy tests) Civil Rights Act of 1964 Banned discrimination based on race, color, religion, sex, or national origin in voting, employment, public accommodations Age added in 1967 Under the commerce clause Effects of New Federal Laws Desegregation Housing Jobs Voting Public accommodations New Federal Laws

Civil Rights

Summarizing What major federal civil rights laws were passed in the 1950s and 1960s? Answer(s): Civil Rights Act of 1957; Civil Rights Act of 1960; Twenty-fourth Amendment; Civil Rights Act of 1964; Voting Rights Act; Civil Rights Act of 1968

Civil Rights Women 1963: Equal Pay Act 1972: Title IX of the Education Amendments 1975: Equal Credit Opportunity Act Native Americans Protested to expand civil rights (Example: AIM) Indian Self-Determination and Education Assistance Act of : American Indian Religious Freedom Act Hispanics 1946, Mendez v. Westminster 1954, Hernandez v. Texas 1973, Keyes v. Denver Unified School District People with Disabilities 1990: Americans with Disabilities Act Extending Civil Rights

Civil Rights

Summarizing How were civil rights extended to groups besides African Americans? Answer(s): 1946, segregation of Hispanic students was illegal; 1954, equal protection clause applied to all groups, not just African Americans; 1973, de facto segregation of Hispanics in public schools unconstitutional; 1975 Voting Rights Act; Indian Self-Determination and Education Assistance Act of 1975; 1978: American Indian Religious Freedom Act; 1990: Americans with Disabilities Act

Civil Rights Years of past discrimination resulted in women and minorities being underrepresented in certain businesses and education. Affirmative action aims to provide opportunities for them. Early Affirmative Action Efforts Began in 1960s Late 1970s: affirmative action controversial Some people claimed they were victims of reverse discrimination, discrimination against the majority group The Bakke Case Allan Bakke denied entry to medical school with quota (fixed number or percentage) of minorities needed Regents of the University of California v. Bakke (1978), Supreme Court ruled university’s quota system invalid Affirmative Action

Civil Rights The Michigan Cases Two cases questioning affirmative action at University of Michigan Court ruled in favor of applicant in Gratz v. Bollinger (2003) Court ruled against applicant in Grutter v. Bollinger (2003) Ballot Measures Several states passed laws (voter initiatives) limiting affirmative action California, 1996; Washington, 1998; Michigan, 2006 Affirmative Action (cont’d.)

Civil Rights

Summarizing How have affirmative action policies changed over time? Answer(s): Some courts have ruled against affirmative action and some states, such as California, have restricted affirmative action policies.

Civil Rights Debating the Issue: Affirmative Action Should the government promote affirmative action to help address the effects of past discrimination? Since 1965 federal law has required many public institutions and private companies to institute affirmative action policies to provide more opportunities for members of historically underrepresented groups, such as racial minorities and women. Affirmative action policies vary widely, employing methods such as recruitment, quotas, and proportional representation. However, these policies have been controversial, drawing both praise and criticism. Although the Supreme Court has ruled on a number of affirmative action cases, it has overturned about as many policies as it has upheld.

Civil Rights Debating the Issue

Civil Rights Section 4 at a Glance Citizenship and Immigration Citizenship comes with both rights and responsibilities. Throughout U.S. history, immigrants have come to the United States hoping to attain U.S. citizenship. The federal government regulates immigration to the United States.

Civil Rights Reading Focus In what ways do people receive U.S. citizenship, and what civic responsibilities do citizens have? What immigration policies has the federal government adopted in its history? How has the federal government responded to the challenge of illegal immigration? Main Idea Being a U.S. citizen includes certain rights and responsibilities. The federal government regulates citizenship through its immigration and naturalization policies. Citizenship and Immigration

Civil Rights U.S. Citizenship

Civil Rights People become U.S. citizens in several ways: Citizenship by Birth – jus soli (“law of the soil”) – jus sanguinis (“law of the blood”) Citizenship by Naturalization – legal process by which an immigrant becomes a citizen Denaturalization: loss of naturalized citizenship Expatriation: giving up citizenship Losing Citizenship Respect and obey law; respect rights of others Loyalty to government; pay taxes; vote Civic Identity common devotion to democracy, individual liberties, civil rights Civic Responsibilities U.S. Citizenship

Civil Rights Identifying Supporting Details What are the two main ways of achieving citizenship in the United States? Answer(s): by birth and by naturalization

Civil Rights Encouraging Immigration –At first plenty of land and resources –Over time, less land; different languages and cultures Restricting Immigration –Laws restricting numbers of immigrants, especially from Asia, Africa, Latin America –Nationality Act of 1965, did away with country-based quota system, allowed 290,000 immigrants per year, gave preference to skilled workers, relatives of U.S. citizens –Law updated in 1990, allows about 675,000 immigrants annually Political Asylum and Refugees –Separate immigration policies for refugees –United States accepts more refugees than any other country Immigration Policies

Civil Rights

Sequencing How has immigration policy in the United States changed over time? Answer(s): first hundred years: little regulation; 1875: barred entry to criminals; 1882: Chinese Exclusion Act; Quota Law of 1921 and National Origins Quota Act of 1924: restricted immigration by country, established annual number of immigrants; Nationality Act Amendments of 1965: did away with country-based quota system

Civil Rights The Debate over Illegal Immigration Pro: Hard workers who contribute to U.S. economy Con: Drain on government services Illegal Immigration Policies Immigration Reform and Control Act, 1986 Effect of September 11, 2001, terrorist attacks The Situation Today Undocumented alien: Someone who lives in a country without authorization from the government Deportation: Legal process of forcing a noncitizen to leave a country Difficult to determine exact number in United States Most from Mexico and Latin America Illegal Immigration

Civil Rights

Summarizing What policies has the federal government created to deal with illegal immigration? Answer(s): created Border Patrol; Immigration Reform and Control Act; Reform and Immigrant Responsibility Act

Civil Rights Civic Participation Our system of government depends on the active participation of citizens. Citizens, after all, have the ultimate power and responsibility to govern. This lesson outlines the importance of civic participation in our constitutional democracy. Why should Americans participate in the civic life of the country? How is civic participation connected to self-interest? How is civic participation related to advancing the common good? We the People: The Citizen and the Constitution