American Government and Politics Today Chapter 5 Civil Rights

Civil Rights: Introduction Refers to those things that the government must do to provide equal protection and freedom from discrimination for all citizens. Refers 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 14 th Amendment to the Constitution. Traditionally, thought of as rooted in the 14 th Amendment to the Constitution.

Early attempts at true protection were unsuccessful because the S. C. believed that it was not within its purview to stop non-governmental discrimination. Early attempts at true protection were unsuccessful because the S. C. believed that it was not within its purview to stop non-governmental discrimination. Since the 1950s, the Court has enabled the government to offer broader protections to citizens’ equality in social and economic life. Since the 1950s, the Court has enabled the government to offer broader protections to citizens’ equality in social and economic life.

Ending Slavery in the United States The 13 th Amendment (1865) prohibits slaveryThe 13 th Amendment (1865) prohibits slavery The 14th 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 14th 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. -”selective incorporation” – the incorporation into the 14 th Amendment certain provisions of the Bill of Rights (freedom of speech and press) The 15 th Amendment (1870) established the right of citizens to vote.The 15 th Amendment (1870) established the right of citizens to vote.

Early Civil Rights Legislation The Civil Rights Acts of 1865 to 1875 The Civil Rights Acts of 1865 to 1875 Aimed at the Southern states.Aimed at the Southern states. Attempted to prevent states from passing laws that would circumvent the amendmentsAttempted to prevent states from passing laws that would circumvent the amendments “Jim Crow Laws”“Jim Crow Laws” Voting Barriers Voting Barriers Especially true in the SouthEspecially true in the South the grandfather clause, poll taxes, literacy teststhe grandfather clause, poll taxes, literacy tests The Civil Rights Cases (1883) The Civil Rights Cases (1883) -held that discriminatory acts of private citizens not illegal

Challenges to Civil Rights Legislation Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Separate-but-Equal DoctrineSeparate-but-Equal Doctrine Extralegal Methods of Enforcing White Supremacy Extralegal Methods of Enforcing White Supremacy -Example: “familiarity” w/ white women =lynching

The End of the Separate-but-Equal Doctrine Brown v. Board of Education of Topeka (1954) Brown v. Board of Education of Topeka (1954) Overturned Plessy v. FergusonOverturned Plessy v. Ferguson Based on the findings that segregation was detrimental to African American students, creating a sense of inferiorityBased on the findings that segregation was detrimental to African American students, creating a sense of inferiority S.C. ordered that the states were to desegregate the schools “With All Deliberate Speed.” S.C. ordered that the states were to desegregate the schools “With All Deliberate Speed.” States were ordered to eliminate segregation policies with all deliberate speed.States were ordered to eliminate segregation policies with all deliberate speed.

School Integration Led to 2 types of integration: (1) De facto segregation—racial segregation that occurs because of past social and economic conditions and residential racial patterns. (2) De jure segregation—racial segregation that occurs because of laws or administrative decisions by public agencies.

Court-Ordered Busing Court-Ordered Busing The Resurgence of Minority Schools The Resurgence of Minority Schools -due to the “White Flight” to the suburbs

Swann v. Charlotte-Mecklenburg B.O.E. (1971) -set guidelines for all subsequent cases involving school integration (1) To violate the Const. the school system must have intended to discriminate (2) A one-race school creates a presumption of intent to discriminate (3) Remedies can include quotas, busing, and redrawn district lines (4) Not every school must reflect the racial composition of the entire system

The Civil Rights Movement Martin Luther King’s Philosophy of Nonviolence Martin Luther King’s Philosophy of Nonviolence Nonviolent Marches and DemonstrationsNonviolent Marches and Demonstrations Another Approach: Black Power. Another Approach: Black Power. Leaders such as Malcolm X advocated a more forceful approach than King.Leaders such as Malcolm X advocated a more forceful approach than King. They also resisted the impulse to cultural assimilation that was implied by the integrationist philosophy.They also resisted the impulse to cultural assimilation that was implied by the integrationist philosophy.

 What was Dr. King’s dream?  Has his dream been realized?

The Climax of the Civil Rights Movement: Civil Rights Legislation The Civil Rights Act of 1964 allows for equality in: The Civil Rights Act of 1964 allows for equality in: -voter registration -public accommodations -public schools -employment The Voting Rights Act of 1965 The Voting Rights Act of 1965 The Civil Rights Act of 1968 and Other Housing Reform Legislation The Civil Rights Act of 1968 and Other Housing Reform Legislation

Describes those policies that give special preferences in educational admissions and employment decisions to groups that have been discriminated against in the past Describes those policies that give special preferences in educational admissions and employment decisions to groups that have been discriminated against in the past Regents of the University of California v. Bakke (1978) Regents of the University of California v. Bakke (1978) Quota systems that only considered the race of an applicant were unconstitutionalQuota systems that only considered the race of an applicant were unconstitutional Affirmative Action

Women’s Struggle for Equal Rights Early Women’s Political Movements The Seneca Falls convention in Women’s Suffrage Associations This struggle would continue until the ratification of the 19th Amendment; states “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.”

The Modern Women’s Movement The Equal Rights Amendment The Equal Rights Amendment Additional Women’s Issues Additional Women’s Issues domestic violencedomestic violence abortion rightsabortion rights

Women in the Executive and Judicial Branches. Women in the Executive and Judicial Branches. Common for president’s cabinet and the Supreme Court to contain a number of women.Common for president’s cabinet and the Supreme Court to contain a number of women. Men continue to be over represented in positions of power, however.Men continue to be over represented in positions of power, however.

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

Wage Discrimination Wage Discrimination In 2002, a woman earned 76 cents for every dollar made by a man.In 2002, a woman earned 76 cents for every dollar made by a man. The Equal Pay Act of 1963.The Equal Pay Act of The Glass Ceiling and the Mommy TrackThe Glass Ceiling and the Mommy Track

Special Protection for Older Americans Age Discrimination in Employment Age Discrimination in Employment The Age Discrimination in Employment Act of 1967The 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. 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 Mandatory retirement has progressively been made illegal by laws passed in 1978 and 1986.

Securing Rights for Persons with Disabilities The Americans with Disabilities Act of 1990 Prohibits job discrimination against individuals with physical or mental disabilities; it also requires physical access to public buildings and public services. No longer covered are: persons who wear eyeglasses. carpal tunnel syndrome, a repetitive stress injury