1. To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009  Chapter 6 Civil Rights

2. Slavery Before the Civil War  Slave trade banned in 1808.  South remains dependent on slave labor.  1820 Missouri Compromise line at 36 degrees latitude.  Development of American Anti-Slavery Society in 1833.  Women meet at Seneca Falls in 1848.  Publication of Uncle Tom’s Cabin in 1852.  Dred Scott decision in 1857 condones slavery.Dred Scott

3. The Aftermath of the Civil War  Thirteenth Amendment abolishes slavery.Thirteenth Amendment  South uses Black Codes to restrict rights.Black Codes  Fourteenth Amendment gives equal protection.Fourteenth Amendment  Fourteenth Amendment also grants due process of law.  Fifteenth Amendment gives blacks right to vote.Fifteenth Amendment  Women are still excluded from suffrage.

4. Civil Rights after Reconstruction  Southern defiance leads to 1875 Civil Rights Act.  Courts still uphold discriminatory Jim Crow laws.Jim Crow laws  Supreme Court agrees in Civil Rights Cases (1883).Civil Rights Cases (1883).  South also uses poll taxes to block black voters.poll taxes  Grandfather clauses added to allow poor whites to vote.Grandfather clauses

5. Black Equality, 1890-1954  Plessy v. Ferguson (1896) upholds segregation.Plessy v. Ferguson (1896)  NAACP founded in 1909.  Full legal attack on segregation begins in 1930s.  NAACP LDF uses test case litigation to win rights.  Gradual success in law schools and colleges.  Brown v. Board of Education (1954).Brown v. Board of Education (1954).  Importance of the equal protection clause.equal protection clause.

6. Women’s Equality, 1890-1954  Women first work for wage laws and prohibition.  National Consumers’ League plays key role.  Later, the suffrage movement is the central focus.  Led by National American Woman Suffrage Association.  Achieve success with the Nineteenth Amendment.Nineteenth Amendment

7. The Civil Rights Movement  Segregated schools must be dismantled.  Some states try to resist; Arkansas as example.  Rosa Parks challenges segregated busses.  Formation of SCLC (rallies) and SNCC (sit-ins).  Martin Luther King’s “I Have a Dream Speech.”

8. The Civil Rights Act of 1964  Outlaws segregation in public facilities.  Bans discrimination in employment, education, voting.  Provides for federal intervention.  Creates Equal Employment Opportunity Commission.Equal Employment Opportunity Commission  Applies to race, color, religion, origin, and sex.  Attempt to eliminate de jure discrimination.de jure discrimination  Could do little about de facto discrimination.de facto discrimination

9. Women’s Rights Movement  Formation of National Organization for Women.  Publication of The Feminine Mystique.The Feminine Mystique  ACLU’s efforts to litigate for equal rights.  Congress adopts Equal Rights Amendment.  Amendment never ratified.  Now known as Women’s Equality Amendment.Women’s Equality Amendment

10. Equal Protection Clause  Part of Fourteenth Amendment.  Three different standards of review.Three different standards of review  Most laws subject to rational basis test.  Intermediate standard applied to gender.  Suspect classifications subject to strict scrutiny.  Level of scrutiny is crucial to constitutionality of laws.

11. Statutory Remedies  Equal Pay Act of 1963.  Title VII of the Civil Rights Act of 1964.  Title IX of Education Amendments of 1972.Title IX

12. Hispanic Americans  Largest and fastest growing group in the U.S.  High levels of activism and rallies begin in 1960s.  United Farm Workers, National Council of La Raza.  Use of litigation by LULAC and MALDEF.  Voting, education, and immigration are major issues.

13. American Indians  Unique status under U.S. law.  History of isolation and then assimilation.  Native American Rights Fund handles litigation.  Major issues are hunting, fishing, and land rights.  Also have had struggles about religious freedom.  Growth of Indian casinos.

14. Asian Pacific Americans  Difficulty finding Pan-Asian identity.  History of restrictions on immigration and employment.  Internment of Japanese Americans in World War II.  Korematsu v. U.S. (1944).Korematsu v. U.S.  Increasing mobilization and efforts to elect leaders.

15. Gays and Lesbians  Major gains have been made in recent years.  Lambda Legal, Lesbian Rights Project, GLAD.  “Don’t Ask, Don’t Tell” considered failure.  Lawrence v. Texas (2003).Lawrence v. Texas  Success in states with gay marriage.

16. Americans with Disabilities  1990 Americans with Disabilities Act.  Requires employers to accommodate the disabled.  Tennessee v. Lane (2004) binds states to law.Tennessee v. Lane  American Association of People with Disabilities.  Often work with right to life groups.

17. Affirmative Action  Gives special advantages to disadvantaged groups.  Bakke decision lays groundwork for 1980s battle.Bakke  Supreme Court plays major role.  2003 Grutter and Gratz decisions.2003 Grutter and Gratz  Quotas not acceptable, some preference is okay.

18. Workplace Discrimination  Equal pay suits at Wal-Mart.  Ledbetter decision sets time limit for pay equity suits.Ledbetter  Concern about hiring illegal immigrants.  Violations of immigrants’ rights after 9/11.

19. Figure 6.1- Opinion on Affirmative Action  Back

20. Table 6.1- Standards of Review  Back

21. Table 6.2- Asian Pacific Americans  Back

22. Dred Scott Decision Dred Scott was a slave to a military doctor who was PCSed from Missouri to Wisconsin around 1854. This doctor taught Scott how to read and write and much of his medical skills. The doctor died suddenly, without giving Scott the promised “Freedom Papers”. Scott remained in Wisconsin and actually helped the locals with their medical problems. He was captured by bounty hunters and taken back to Missouri against his will. He sued the state stating that it was illegal to search him out in another (Free) state to bring him as a servant of another. He lost the case, though in local and state appellate he was his own lawyer. Back

23. Thirteenth Amendment The Thirteenth Amendment to the United States Constitution outlaws slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, by the House on January 31, 1865, and adopted on December 6, 1865. Back

24. Black Codes The Black Codes were laws in the United States after the Civil War with the effect of limiting the civil rights and civil liberties of blacks. Examples of Codes in Alabama: * Nurses: No person or corporation shall require any white female nurse to nurse in wards or rooms in hospitals, either public or private, in which ***** men are placed. * Buses: All passenger stations in this state operated by any motor transportation company shall have separate waiting rooms or space and separate ticket windows for white and colored races. Back

25. Fourteenth Amendment Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states. Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education. In Reed v. Reed (1971), the Supreme Court ruled that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause. Back

26. Fifteenth Amendment Prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (for example, slavery). It was ratified on February 3, 1870. Back

27. Jim Crow Laws state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities in Southern states of the former Confederacy, with, starting in 1890, a "separate but equal" status for African Americans. These laws replaced the Black Code laws declared unconstitutional.de jure Back

28. Civil Rights Cases The Civil Rights Cases, were a group of five similar cases consolidated into one issue for the United States Supreme Court to review. The Court held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations, rather than state and local governments. Back

29. Poll Taxes Southern states enacted poll tax laws as a means of restricting eligible voters; such laws often included a grandfather clause, which allowed any adult male whose father or grandfather had voted in a specific year prior to the abolition of slavery to vote without paying the tax. These laws, along with unfairly implemented literacy tests and extra-legal intimidation, achieved the desired effect of disfranchising African-American and Native American voters, as well as poor whites Back

30. Grandfather Clause A grandfather clause is a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations Back

31. Plessy v. Ferguson a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal” Back

32. Brown v. Board of Education United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. Back

33. Equal Protection Clause part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall... deny to any person within its jurisdiction the equal protection of the laws." Back

34. Nineteenth Amendment prohibits any United States citizen to be denied the right to vote based on sex Back

35. Equal Employment Opportunity Commission a federal law enforcement agency that enforces laws against workplace discrimination Back

36. De Facto segregation it often means "in practice but not necessarily ordained by law" De jure segregation designates what the law says, Back

37. The Feminine Mystique nonfiction book by Betty Friedan first published in 1963. It is widely credited with sparking the beginning of second-wave feminism in the United States Back

38. Women’s Equality Amendment proposed amendment to the United States Constitution designed to guarantee equal rights for women. Back

39. 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 subjected to discrimination under any education program or activity receiving federal financial assistance... The real hit on this bill was that it extended into sports. Men sports teams. cannot outnumber female sports teams Back

40. Korematsu v. U.S. ordered Japanese Americans into internment camps during World War II regardless of citizenship. Back

41. Lawrence v. Texas struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in thirteen other states, making same-sex sexual activity legal in every U.S. state and territory Back

42. Tennessee v. Lane The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was denying them public services because of their disabilities, it was violating Title II of the Americans with Disabilities Act (ADA). Under Title II, no one can be denied access to public services due to his or her disability; it allows those whose rights have been violated to sue states for mone damages This is why wheel chair access is mandatory these days Back

43. Bakke v. Regents ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for "Blacks," "Chicanos," "Asians," and "American Indians" (and established a separate admissions process for those 16 spaces). Back

44. Grutter v Bollinger upheld the affirmative action admissions policy of the University of Michigan Law School. Justice Sandra Day O'Connor, writing for the majority in a 5-4 decision, ruled that the University of Michigan Law School had a compelling interest in promoting class diversity. Gratz v. Bollinger ruled the University's point system's "predetermined point allocations" that awarded 20 points to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional Back

45. Ledbetter Ledbetter felt she was receiving disparaging pay and was being discriminated against because of her color. Whereas the Supreme Court agreed she was being discriminated against they also said she couldn’t claim back pay for many years because she had cashed those paychecks without any claim at the time. She could only claim back pay from the time she filed her complaint. Back