1. Longman PoliticalScienceInteractive
Magleby & Light
Government by the People
Chapter 16
Civil Rights
Copyright 2009 Pearson Education, Inc., Publishing as Longman

2. Equal Rights Under the Law
In 1978, Seattle became the first city to use busing to integrate schools without a court order
In 2007, the U.S. Supreme Court struck down Seattle’s plan
Chief Justice Roberts: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race”
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3. Equal Rights Under the Law
The Constitution does not make any reference to “equality”
But the framers did create a government designed to protect natural rights
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4. Equality and Equal Rights
Most agree that everyone should have equality of opportunity
Some also focus attention on equality between groups
Affirmative action
Questions regarding equality of results
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5. Citizenship Rights Naturalization Dual citizenship
A legal action conferring citizenship on an alien
Dual citizenship
Citizenship in more than one nation
Right of expatriation
The right to renounce one’s citizenship
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6. Requirements for Naturalization
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7. Rights of U.S. Citizens Importance of state citizenship
Rights of citizenship can be curbed during times of war
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8. Rights of U.S. Citizens Right to live and travel in the United States
Aliens do not have this right and may be turned away at the borders if they don’t meet the terms and conditions set out by the Constitution
Right to travel abroad
Can be regulated within
the bounds of due process
Rights of Aliens
Enemy Alien Act of 1798
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9. Racial Equality: Segregation and White Supremacy
During Reconstruction (late 1860s~1870s), Congress passed civil rights laws
But, the Supreme Court struck down many of these laws
By 1877, Reconstruction was ended, and northern political leaders abandoned African Americans to their fate at the hands of their former white masters
Beginning with WWI, African Americans began to migrate northward
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10. Racial Equality: Slow Government Response
By the 1930s, African Americans were challenging segregation in the courts
In the late 1950s, an emerging national consensus in favor of governmental action to protect civil rights began to influence Congress
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11. A Turning Point: Martin Luther King, Jr
A Turning Point: Martin Luther King, Jr., Rosa Parks, and the Montgomery, AL, Bus Boycott
You may well ask, ‘Why direct action? Why sit-ins, marches, and so forth? Isn’t negotiation a better path?’ You are quite right in calling for negotiations. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue.
-Dr. Martin Luther King
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12. Successes Civil Rights Act (1964) Voting Rights Act (1965
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13. Riots and Reaction Watts, CA 1965 Detroit 1967 *Video*
Vietnam War and Watergate diverted attention from civil rights
Little governmental attention since then
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14. Women’s Rights
Fifteenth Amendment did not bar denial of the vote on the grounds of gender
Women had to fight for universal suffrage
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15. Percentage of Bachelor’s Degrees Awarded to Men
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16. Hispanics
Latinos have suffered discrimination in housing, employment, public accommodations, and education, and have faced harsh treatment from police and other government officials
Cesar Chavez founded the National Farm Workers Association to organize Latinos
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17. Asian Americans Chinese Americans Japanese Americans
“Asian Americans…face widespread prejudice, discrimination and barriers to equal opportunity”
-U.S. Civil Rights Commission
Chinese Americans
Japanese Americans
Other Asian Americans
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18. Native Americans Reservations History of discrimination
Trail of Tears
Urban Relocation Program
Activist groups
American Indian Movement (AIM)
ACLU
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19. Constitutional Classifications and Tests
Burden of proof those attacking the law
Rational Basis Test
Burden on Government to prove
Strict Scrutiny Test
Heightened Scrutiny
Must show it serves important govt objectives
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20. Heightened Scrutiny Covers: Does not cover: Race Gender
Fundamental rights
Does not cover:
Age
Poverty
Sexual orientation
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21. Major Civil Rights Laws
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22. Voting Rights White Primary Racial Gerrymandering Poll Tax
Devices used to prevent African Americans from voting
Poll Tax
Literacy Tests
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23. Racial Gerrymandering
In 1960, the Court held that racial gerrymandering—drawing electoral districts to ensure that African Americans would be a minority in all districts—was contrary to the Fifteenth Amendment
In 1993, the Court ruled that although it was a legitimate goal for state legislatures to consider race when drawing electoral districts to increase the voting strength of minorities, they could not make race the sole or predominant reason for drawing district lines
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24. Rights to Equal Access: Accommodations & Employment
Jim Crow laws
Plessy v. Ferguson (1896)
1960s: Broad construal of commerce clause
1964 Civil Rights Act
Title II
Title VII
The Fair Housing Act and Amendments
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25. Rights to Equal Access: Education
In 1953, the Supreme Court heard the case of Brown v. Board of Education, argued by NAACP attorney Thurgood Marshall
Court overturned Plessy v. Ferguson
Problems with implementation
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26. From Segregation to Desegregation— But Not Yet Integration
De Jure
Segregation
Segregation and discrimination mandated by state and local laws
De Facto
Segregation
Segregation and discrimination resulting from economic or social conditions or personal choice
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27. The Affirmative Action Controversy
University of California v. Bakke (1978) was one of the earliest challenges to affirmative action in the university
Richmond v. Croson (1989)
California’s Proposition 209
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28. Reaffirming the Importance of Diversity
Barbara Grutter (left) was the unsuccessful plaintiff in Grutter v. Bollinger
Jennifer Gratz (right) was the successful plaintiff in Gratz v. Bollinger
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