AP GOVERNMENT CHAPTER 6 Civil Rights

Civil Rights and Civil Liberties Civil Liberties – Involve basic freedoms, and are protections against government restraint (freedom or speech, religion, press etc.) Civil Rights is a term sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.

Segregation Racial Segregation - the separation of racial groups in terms of facilities, services,  medical care, education, etc. Jim Crow Laws - State and local laws that mandated segregation in accommodations, facilities, schools, etc.

De Jure Discrimination Segregation enforced by law Segregation in schools, transportation, etc.

De Facto Segregation Racial segregation, especially in public schools, that happens “by fact” rather than by legal requirement. 

Plessy v. Ferguson (1896) The Court upheld state-imposed racial segregation laws Established the “separate but equal” doctrine

Jim Crow Laws Marriage - "All marriages of white persons with Negroes, Mulattos, Mongolians, or Malaya hereafter contracted in the State of Wyoming are and shall be illegal and void." (Wyoming law) Hospitalization - "The Board of Control shall see that proper and distinct apartments are arranged for said patients [in a mental hospital], so that in no cases shall Negroes and white persons be together.“ (Georgia law) Nursing - "No person or corporation shall require any white female nurse to nurse in wards or rooms or hospitals, either public or private, where negro men are placed." (Alabama law) Barbering - "No colored person shall serve as a barber [to] white women or girls." (Georgia law)

Jim Crow Laws Beer and Wine - "All persons licensed to conduct the business of selling beer or wine...shall serve either white people exclusively or colored people exclusively and shall not sell to two races within the same room at any time.“ (Georgia law) Burial - "The officer in charge shall not bury, or allow to be buried, any colored persons upon ground set apart or used for the burial of white persons." (Georgia law) Libraries - "The state librarian is directed to fit up and maintain a separate place for the use of the colored people who may come to the library for the purpose of reading books or periodicals." (North Carolina law) Schools - "[The County Board of Education] shall provide schools of two kinds; those for white children and those for colored children." (Texas law)

The 14th Amendment Citizenship Clause – Ensures all those born in U.S. are citizens; reversed Dred Scott decision Due Process Clause - state governments may not circumvent the law to deny a person their legal rights (ex: literacy tests) Equal Protection Clause - states are required to provide all citizens within their jurisdiction protection under the law      

Emmitt Till

The University of Mississippi

NAACP Strategy – Use individual lawsuits on a state by state basis to enforce “equal” accommodations in education, with the thought that states and school districts would find true school integration a cheaper solution

Brown v. Board of Education (1954) State laws establishing separate public schools for black and white students denied black children equal educational opportunities. “Separate but equal” violates Equal Protection Clause of 14th Amendment The Court ordered that the states end school segregation with “all deliberate speed.” (Brown II)

Little Rock Central High School    

Death of Jim Crow

Current Events Rep. Steve King (R) Iowa “I've been to Europe and I’ve spoken on this issue and I've said the same thing as far as 10 years ago to the German people and to any population of people that is a declining population that isn't willing to have enough babies to reproduce themselves,” King said on CNN’s “New Day.” “I’ve said to them, 'You cannot rebuild your civilization with somebody else's babies. You've got to keep your birth rate up and that you need to teach your children your values.'” 3/12/17 on congressman’s twitter account Ku Klux Klan leader David Duke - “GOD BLESS STEVE KING!!!” 

What is Xenophobia? “Every immigrant who comes here should be required within five years to learn English or leave the country.”  ― Theodore Roosevelt (1902) Whether it is tribalism, racism, xenophobia, or anti-Muslim backlash we're talking about, we spend so much time and energy fighting ways to divide ourselves from others. -- Loretta Lynch (2014)

Demographic of Education

Voter Suppression Violence – Literacy Tests – Property Tests – Grandfather Clause – as of 1867 All – White Primary elections – 1900 to 1960 Purges Former prisoners Poll Taxes

Efforts to Register Voters

Bombing of Black Churches

Lynching by State

Civil Rights Laws Civil Rights Act of 1964 – banned discrimination based on race and sex, segregation in public facilities Voting Rights Act of 1965 – federal preclearance , banned literacy tests, federal officials enforce voter registration

Court Victories Loving v. Virginia (1971) The Supreme Court declared Virginia law banning interracial marriage unconstitutional

Women’s Rights Landmark Cases Reed v. Reed (1971): Gender discrimination violates the equal protection clause of the Constitution. Craig v. Boren (1976): Gender discrimination can be justified only if it serves “important governmental objectives” and is “substantially related to those objectives.” Rostker v. Goldberg (1981): Congress can draft men without drafting women. United States v. Virginia (1996): State may not finance an all-male military school. Civil Rights - Chapter Six

Privacy and Abortion Landmark Cases Griswold v. Connecticut (1965): Found a “right to privacy” in the Constitution that would ban any state law against selling contraceptives. Roe v. Wade (1973): State laws prohibiting abortion were unconstitutional. Webster v. Reproductive Health Services (1989): Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable. Planned Parenthood v. Casey (1992): Reaffirmed Roe v. Wade but upheld certain limits on its use. Gonzales v. Carhart (2007): Federal law may ban certain forms of partial-birth abortion. Civil Rights - Chapter Six

Title IX No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial Explosion of Women’s athletics in the United States More importantly – equal access to financial aide, professional programs and equal facilities (more female doctors etc.)  

Affirmative Action Equality of Results Equality of Opportunity Attempt to reverse De Facto segregation Equality of Opportunity Equal rights for all (0r) Reverse discrimination? American political culture includes a strong commitment to individualism coupled with support for the disadvantaged. Civil Rights - Chapter Six

Affirmative Action Landmark Cases Regents of the University of California v. Bakke (1978): A quota-like ban on Bakke’s admission was unconstitutional but “diversity” was a legitimate goal that could be pursued by taking race into account. United Steelworkers v. Weber (1979): Despite the ban on racial classifications in the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and steel plant. Richmond v. Croson (1989): Affirmative action plans must be judged by the strict scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest. Grutter v. Bollinger and Gratz v. Bollinger (2003): Numerical benefits cannot be used to admit minorities into college, but race can be a “plus factor” in making those decisions. Parents v. Seattle School District (2007): Race cannot be used to decide which students may attend especially popular high schools because this was not “narrowly tailored” to achieve a “compelling” goal. Civil Rights - Chapter Six

LGBTQ Rights Landmark Cases Boy Scouts of America v. Dale (2000): A private organization may ban gays from its membership. Lawrence v. Texas (2003): State law may not ban sexual relations between same-sex partners. United States v. Windsor (2013): Gay couples married in states where same-sex marriage is legal must receive the same federal health, tax, and other benefits that heterosexual married couples receive. Civil Rights - Chapter Six

Same-Sex Marriage

Equality Around the World