Ch 5 Civil Rights

Civil Liberties vs. Civil Rights Fundamental freedoms protecting citizens from government Freedoms in Bill of Rights Civil rights Rights citizens have to equal treatment Equality of government services Equality in application of civil liberties

De jure vs. De facto segregation De jure segregation Segregation mandated by law De facto segregation Segregation that exists as a fact of life Real-life choices of all people

Before Civil War Slavery Restrictions on movement Restrictions on education No rights to own property No rights to serve on juries Miscegenation bans

Scott v. Sanford (1857) AKA Dred Scott decision Slavery constitutional African Americans have no rights, even if they’re free Congress can’t ban slavery in new states

Reconstruction amendments 13 – abolished slavery 14 – made slaves citizens; assured equal protection under the law 15 – allowed right to vote for freed slaves (among others)

What does Equal Protection entail? Battle from the beginning: Equal protection of life, liberty & property Equal treatment by gov / attempts by gov to promote equality Early cases—more conservative interpretation won

1876 election Hayes (R) defeated Tilden (D) Disputed election decided by House Made a deal w/southern reps – elect Hayes, he ends Reconstruction Civil rights laws in south rescinded Jim Crow laws instituted

Jim Crow laws De jure segregation on mass scale Mostly in South (but not only) Plessy v. Ferguson (1896) Segregation is ok if accommodations are “separate but equal”

Brown v. Topeka BOE (1954) Overturned Plessy Ruled separate accommodations inherently unequal Ordered desegregation of public schools

After Brown Massive Resistance Southern efforts to fight Brown Some states closed public schools Set up vouchers for private schools

“Brown II”(1955) Closing public schools / issuing private school vouchers unconstitutional if solely racial in purpose Desegregate with “all deliberate speed"

Civil Rights Act 1964 Banned discrimination in public places Prohibited employment discrimination Withheld federal $ from discriminating school systems Gave Justice Dept power to sue institutions to enforce civil rights laws (Discrimination didn’t just include race)

Voting rights Originally, states controlled ALL voter requirements 15th am was 1st restriction to state control over voting

Efforts to stop minority voting Literacy test Grandfather clause exempted many white voters from test requirement White primary Smith v. Allwright (1944) Poll taxes Racial gerrymandering

Voting Rights Act 1965 Banned literacy tests Banned grandfather clause Required southern states to get electoral map preapproved

Women’s rights Women’s rights movement arose from 2nd Great Awakening (1840s) Along with abolition and temperance 19th amendment (1920)

Equal Rights Amendment Proposed by Congress in 1972 7-yr requirement for ratification ¾ of states didn’t ratify, expired “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”

Gender issues Wage discrimination Comparable worth Glass ceiling Educational opportunities Sexual harassment Women in military

Other civil rights issues Age discrimination laws Age Disc in Employment Act (1967) Disability laws Americans with Disabilities Act (1990) Gay & lesbian rights Don’t ask, don’t tell Right to privacy cases

Affirmative Action Beneficial treatment for groups subjected to past discrimination Preferences in gov contracts for business, education admission, etc.

U of CA Regents v. Bakke (1978) Banned “reverse discrimination” in college admissions Can’t make race the main determining factor in admissions Can use race as one of many elements in admissions process

What discriminations are ok? Court created 2 standards to decide: Reasonableness / Rational basis test For non-race discriminations Assume OK unless proven otherwise Is there a rational basis for difference?

What discriminations are ok? Court created 2 standards to decide: Strict scrutiny For racial discriminations Assume wrong unless proven otherwise