1. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter five: Civil Rights

2. Copyright © 2011 Pearson Education, Inc. Publishing as Longman AP Focus History is only important to the point that it helps in understanding the political significance Frequent AP question is about forms of political participation other than voting “If voting is the only effective method of political participation, then how did African Americans achieve relative parity without the vote?”

3. Copyright © 2011 Pearson Education, Inc. Publishing as Longman AP Focus Be able to list the barriers to minority political participation, and identify the specific policy change that removed the barrier The struggle to achieve full political rights was not confined to African Americans. Key factor in understanding the Civil Rights Act of 1964 is that much of its provisions are based on the commerce clause Be able to summarize the major provisions of the Civil Rights Act of 1964 and Voting Rights Act of 1965

4. Copyright © 2011 Pearson Education, Inc. Publishing as Longman AP Focus Consider the negative and positive effects of affirmative action as well as the negative and positive effects of eliminating affirmative action.

5. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Conceptions of Equality Fourteenth Amendment – forbids the states from denying any person “the equal protection of the laws” Recognize the difference between the due process clause and equal protection Due process = fair trials / legal fairness Equal protection = treated equally / based on demographics

6. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights and the SCOTUS Government has the power to make reasonable classifications between person or groups Denying vote to those under 18 Higher excise tax on those who smoke 14 year-olds can’t drive Entitlement programs

7. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights and SCOTUS Minimum or Rationale Basis Scrutiny – government need only show that the challenged qualification is rationally related to serving a legitimate state interest Children Mentally challenged Homosexuals

8. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights and SCOTUS Middle-tier scrutiny – government must show that the challenged classification serves an important state interest and the classification is at least substantially related to serving that interest

9. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Classification that receive middle-tier scrutiny Gender

10. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights and SCOTUS Strict scrutiny = classification based on race and ethnic background is inherently suspect and must meet a strict scrutiny test Government must show that the challenged classification shows a compelling state interest and is NECESSARY to serve that interest

11. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Classifications that need strict scrutiny Race National origin Religion Voting

12. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

13. The Struggle for Racial Equality The Dred Scott v. Sanford (1857) SCOTUS ruled that Black people were not citizens of the United States and therefore could not petition the court National legislation could not limit the spread of slavery Repealed the Northwest Ordinance and the Missouri Compromise

14. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

15. The Struggle for Racial Equality Reconstruction Amendments 13 th Amendment 14 th Amendment 15 th Amendment

16. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Racial Equality Plessy v. Ferguson (1896) Dispute over Louisiana law requiring “equal but separate accommodations” on railroad coaches SCOTUS upheld “separate but equal” “Separate but equal” sanctioned segregation and strengthened the states at the expense of the federal govt.

17. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Racial Equality Brown v. Board (1954) (Earl) Warren Court Court ruled that racially segregated schools violated the Equal Protection Clause of the 14 th Amendment Reversed “separate but equal” Racially segregated schools are inherently unequal

18. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Racial Equality Civil Rights Act of 1964 1.Ended Jim Crow by making discrimination illegal in hotels, motels, restaurants, and other public accommodations 2.Prohibited discrimination in employment based on race, color, national origin, gender, religion 3.Created equal employment opportunity commission 4.Authorized DOJ to initiate lawsuits to desegregate public facilities including schools 5.Prohibited discrimination in employment

19. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Racial Equality SCOTUS upheld the provisions of the Civil Rights Act of 1964 outlawing segregation in places of public accommodation by ruling that such segregation involved interstate commerce

20. Copyright © 2011 Pearson Education, Inc. Publishing as Longman AP TIP Brown v. Board and the Civil Rights Act of 1954 are often on the test Brown used the equal protection clause of the 14 th Amendment to reverse Plessy v. Ferguson Civil Rights Act 1964 used the commerce clause

21. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Struggle for African American Voting Rights Poll taxes Literacy tests White primaries 1960, only 29% of African Americans were registered compared to 61% of whites

22. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Struggle for African American Voting Rights Eliminating the poll tax 24 th Amendment (1964) prohibited poll taxes in federal elections 1966 incorporated and voided poll taxes for state elections

23. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Struggle for African American Voting Rights Voting Rights Act of 1965 Outlawed literacy tests and other discriminatory practices Provided federal oversight of voter registration in area with a history of discriminatory voting practices Improved the registration disparity 1965 only 70 African American elected officials in the 11 southern states By 2000 the number was over 5,000

24. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Struggle for African American Voting Rights Racial Gerrymandering Following the 1990 census, several state legislatures created oddly shaped districts designed to give minority group voters a numerical majority Shaw v. Reno (1993) held that oddly shaped minority-majority districts would be held to a standard of Strict Scrutiny under the Equal Protection Clause Subsequent SCOTUS decisions have held that the use of race as a “predominant factor” in drawing districts is unconstitutional

25. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

26. Women’s Struggle for Civil Rights Original status of women Although women were considered citizens they had NO political rights Women were subjected to male-dominated system of family law. For example, women could not divorce their husbands, sign contacts, or dispose of property Women were denied educational and career opportunities 1873 SCOTUS “The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother"

27. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women’s Struggle for Civil Rights Seneca Falls Convention 1848 Led by Elizabeth Cady Stanton and Lucretia Mott Called for the abolition of legal, economic, and social discrimination against women

28. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women’s Struggle for Civil Rights The fight for suffrage Women’s rights activists were bitterly disappointed when the 15 th Amendment did not grant the right to vote to women Had to wait until 1920 and the 19 th Amendment

29. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women’s Struggle for Civil Rights Equal Rights Amendment (ERA) Passed by Congress in 1972 “equality of rights under the law shall not be abridged by the United States or by any state on account of sex” ERA fell three states short of the ¾ needed for ratification

30. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

31. Women’s Struggle for Civil Rights Milestones in the modern women’s rights movement Equal pay act of 1963 – equal pay for equal work However women still make $0.81 for every $1.00 men make Civil Rights Act of 1964 prohibited discrimination in employment based on race and sex

32. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women’s Struggle for Civil Rights Milestones (cont.) 1966 Betty Freidan and other leading feminists created the National Organization of Women (NOW) to challenge discrimination Reed v. Reed (1971) Idaho law that automatically preferred a father over a mother as executor of a son’s estate violated Equal Protection Reed decision: laws that classify on the basis on gender must be reasonable, not arbitrary, and must serve a important government objective”

33. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women’s Struggle for Civil Rights Milestones (cont.) Title IX of the Education Act of 1972 forbids education institutions receiving federal funds from discriminating against female students. Pivotal in developing women’s athletic programs Lilly Ledbetter Act 2010 allows more time and flexibility for lawsuits to filed against “discriminatory” hiring practices

34. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Affirmative Action Background 1965 LBJ executive order requiring all contractors and unions doing business with the federal govt. to take affirmative action in hiring minorities. 2 years later was expanded to include women Requires federal agencies, universities, and most employers to take positive steps to remedy the effects of past discrimination

35. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Affirmative Action Debate Supporters believe affirmative actions is needed to make up for past injustices. “Freedom is not enough. You do not take a person who for years has been hobbled by chains and liberate him, bring him to the starting line of a race and then say, ‘ you are free to compete with all the others’ and still justly believe that you have been completely fair.” ~ LBJ Supporters also argue that diversity is an important social goal

36. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Affirmative Action Debate Critics believe affirmative action programs create reverse discrimination that unfairly penalize members of the majority group Critics also contend that laws and policies should promote equal opportunity, not equal results

37. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Affirmative Action Regents of the University of California v. Bakke (1978) Prior to 1971 had NO minority students In 1971 increased students to 100 and created plan where 16 students would be for “minority” or “disadvantaged” students The 16 special slots did not have to meet the same standards as other applicants

38. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Affirmative Action Bakke (cont.) Allan Bakke, a 37 year-old white NASA engineer, was not accepted Quota system is unconstitutional, violates the equal protection clause of the 14 th Amendment Court also ruled that race COULD be used as ONE factor among others

39. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Recent Affirmative Action Cases Grutter v. Bollinger (2003) Upheld the University of Michigan policy using race as a factor in admissions Gratz v. Bollinger (2003) Struck down U of M undergrad policy that automatically awarded minorities the 20 points required for admissions Violated the equal protection clause of the 14 th, was tantamount to creating a quota system