Chapter 5: Civil Rights

Copyright © 2009 Cengage Learning 2 Civil Rights: Introduction  Refer to those things that the government must do to provide equal protection and freedom from discrimination for all citizens.  Traditionally, thought of as rooted in the Fourteenth Amendment to the Constitution.

Copyright © 2009 Cengage Learning 3 Civil Rights: Introduction  Early attempts at true protection were unsuccessful because the Supreme Court believed that it was not within its purview to stop non-governmental discrimination. (eg. private discrimination O.K.)

Copyright © 2009 Cengage Learning 4 DRED SCOTT V SANFORD CASE This is a portrait of Dred Scott (1795–1858), an American slave who was born in Virginia and who later moved with his owner to Illinois, where slavery was illegal. He was the nominal plaintiff in a test case that sought to obtain his freedom on the ground that he lived in the free state of Illinois. Although the Supreme Court ruled against him, he was soon emancipated and became a hotel porter in St. Louis. (Missouri Historical Society)

Copyright © 2009 Cengage Learning 5 Slavery in the United States  Ending servitude The Thirteenth Amendment (1865) prohibits slavery within the United States. The Fourteenth Amendment (1868) established that all persons born in the United States are citizens and no state shall deprive citizens of their rights under the Constitution. The Fifteenth Amendment (1870) established the right of citizens to vote.

Copyright © 2009 Cengage Learning 6 Early Civil Rights Legislation  The Civil Rights Acts of 1865 to 1875 Aimed at the Southern states. Attempted to prevent states from passing laws that would circumvent the 13 th, 14 th and 15 TH amendments  The Civil Rights Cases (1883) Invalidated much of the civil rights legislation in the Civil Rights cases.

Copyright © 2009 Cengage Learning 7 Challenges to Civil Rights Legislation  Plessy v. Ferguson (1896) Homer Plessy asked to go to the “colored car” of the train He contended that this went against 14 th amendments equal protection clause….he lost This created the Separate-but-Equal Doctrine  Voting Barriers White primary, the grandfather clause, poll taxes, literacy tests

Copyright © 2009 Cengage Learning 8 The End of the Separate-but-Equal Doctrine  Brown v. Board of Education of Topeka (1954) Overturned Plessy v. Ferguson School segregation violates equal protection clause of the 14 th Amendment  Brown II  demanded integration “With All Deliberate Speed.” …unfortunately this was a very ambiguous demand

Copyright © 2009 Cengage Learning 9 School Integration  De facto segregation—racial segregation that occurs because of past social and economic conditions and residential racial patterns.  De jure segregation—racial segregation that occurs because of laws or administrative decisions by public agencies.  Court-Ordered Busing  The Resurgence of Minority Schools

Copyright © 2009 Cengage Learning 10 The Civil Rights Movement  Martin Luther King’s Philosophy of Nonviolence  Another Approach: Black Power- Malcolm X © AP/Wide World Photos

Copyright © 2009 Cengage Learning 11 The Climax of the Civil Rights Movement: Civil Rights Legislation  The Civil Rights Act of 1964 Voter registration Public accommodations Public schools Employment  The Voting Rights Act of Outlawed voter registration tests and a push to register black voters (esp. in districts where underrepresented)  Urban Riots  The Civil Rights Act of 1968 and Other Housing Reform Legislation

Copyright © 2009 Cengage Learning 12 Consequences of Civil Rights Legislation  Political Participation by African Americans  Political Participation by Other Minorities  Lingering Social and Economic Disparities

Copyright © 2009 Cengage Learning 13 American Indians  Separation  Assimilation and citizenship  Tribal restoration

Copyright © 2009 Cengage Learning 14 Women’s Struggle for Equal Rights  Early Women’s Political Movements Activism for women’s rights began with the Seneca Falls Convention in  Women’s Suffrage Associations 19th Amendment - “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.” (Library of Congress)

Copyright © 2009 Cengage Learning 15 The Modern Women’s Movement  The Equal Rights Amendment  Additional Women’s Issues Domestic violence Abortion rights Pornography (divided the movement rather than united it).  Discrimination in the Courts  Expanding Women’s Political Activities

Copyright © 2009 Cengage Learning 16 Women in Politics Today  Women in Congress  Women in the Executive and Judicial Branches  Continuing Disproportionate Leadership U.S. Department of State

Copyright © 2009 Cengage Learning 17 Gender-Based Discrimination in the Workplace  Title VII of the Civil Rights Act of 1964 This title prohibits gender discrimination in employment.  Sexual Harassment The Supreme Court also has held that Title VII includes prohibitions on sexual harassment.

Copyright © 2009 Cengage Learning 18 Gender-Based Discrimination in the Workplace  Wage Discrimination Recent figures show a woman earns 76 cents for every dollar made by a man. The Equal Pay Act of 1963 The Glass Ceiling © The New Yorker Collection 2004 Matthew Diffee from cartoonbank.com. All Rights Reserved.

Copyright © 2009 Cengage Learning 19 President Kennedy in 1963 President Kennedy signed a bill to provide equal pay for women. Has this federal law been effective in equalizing the pay of men and women in the United States? Why or why not? (AP Photo/Harvey Georges)

Copyright © 2009 Cengage Learning 20 Immigration, Hispanics, and Civil Rights  Immigration rates today are the highest they have been since their peak in the early twentieth century.  By 2050, minority groups collectively will constitute the majority of Americans.

Copyright © 2009 Cengage Learning 21 Illegal Immigration  Mostly Latin Americans entering states bordering Mexico looking for work.  Issues include: Citizenship Border Crime (Gerald L. Nino/U.S. Department of Homeland Security)

Copyright © 2009 Cengage Learning 22 Bilingual Education  Accommodating Diversity  Controversy over Bilingual Education (AP Photo/Evan Vucci)

Copyright © 2009 Cengage Learning 23 Affirmative Action  Regents of the University of California v. Bakke (1978) Quota systems that only considered the race of an applicant were unconstitutional “reverse discrimination”  Adarand Constructors, Inc. v. Peña- set criteria for Affirmative Action programs (eg. No quotas)  State Ballot Initiatives (AP Photo/Danny Moloshok)

Copyright © 2009 Cengage Learning 24 Special Protection for Older Americans  The Age Discrimination in Employment Act of 1967 Prohibits discrimination by age in all but a limited number of occupations where age is considered relevant to the job.  Mandatory retirement has progressively been made illegal by laws passed in 1978 and 1986.

Copyright © 2009 Cengage Learning 25 Securing Rights for Persons with Disabilities  The Americans with Disabilities Act of 1990 Prohibits job discrimination against individuals with physical or mental disabilities. Requires physical access to public buildings and public services. (Michael Newman/Photo)

Copyright © 2009 Cengage Learning 26 Securing Rights for Persons with Disabilities (cont.)  Limiting the ADA No longer covered are: persons who wear eyeglasses carpal tunnel syndrome, a repetitive stress injury

Copyright © 2009 Cengage Learning 27 The Rights and Status of Gay Males and Lesbians  Growth in the Gay Male and Lesbian Rights Movement  State and Local Laws Targeting Gay Males and Lesbians (AP Photo/Jim Mone, file)

Copyright © 2009 Cengage Learning 28 The Rights and Status of Gay Males and Lesbians (cont.)  The Gay Community and Politics Gay activists now play a role in both major parties. Eleven openly gay men or lesbians sit in the House.  Gay Men and Lesbians in the Military  Same-Sex Marriages  Child Custody and Adoption

Copyright © 2009 Cengage Learning 29 The Rights and Status of Juveniles  The presumption is that children are protected by parents  Voting Rights and the Young  The Rights of Children in Civil and Criminal Proceedings

Copyright © 2009 Cengage Learning 30 The Rights and Status of Juveniles (cont.)  Civil Rights of Juveniles Child custody issues  Criminal Rights of Juveniles  Dealing with Juvenile Crime Minors tried as adults Parents held responsible (AP Photo/Mary Altaffer)

Copyright © 2009 Cengage Learning 31 Questions for Critical Thinking  Why was the Voting Rights Act necessary?  Are there any obstacles today to the civil rights of various groups in society?  Should affirmative action exist? If you do not favor affirmative action, how should society address the economic gap between men and women and whites and African Americans?

Copyright © 2009 Cengage Learning 32 Web Links  National Association for the Advancement of Colored People (NAACP) National Association for the Advancement of Colored People (NAACP)  U.S. Census Bureau-Statistical Abstract U.S. Census Bureau-Statistical Abstract  The American West-Native Americans The American West-Native Americans