O Connor and Sabato, Chapter 6:Civil Rights

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1 O Connor and Sabato, Chapter 6:Civil Rights Civil Rights in the 18 th & 19 th Centuries I have a Dream

2 Introduction The case of Amadou Diallo in NY City The evidence that law enforcement officials throughout the nation target African-American citizens A poster from the March for Justice in the aftermath of the Diallo tragedy. Courtesy

3 Introduction cont. Why is racial profiling wrong? The case of targeting Muslims in the aftermath of 9/11 Muslim groups have challenged provisions of the USA Patriot Act ADC President Mary Rose Oakar. Picture courtesy

4 Introduction cont. The changing nature of civil rights The importance of the 14 th Amendment s equal protection clause as a basic mechanism for civil rights appeals The steady (but slow) progress of extending civil liberties over time

5 Slavery in the Colonies The irony of the Declaration of Independence s claim that all men are created equal The Constitution s silence on the issue of legal & political equality Jefferson, while philosophically opposing slavery, was himself a slave holder.

6 Undated painting of a slave auction. Picture courtesy Encarta.

7 What are Civil Rights? Positive acts governments take to protect individuals against discriminatory treatment by governments or individuals Attempts to prevent discrimination based on arbitrary features of a person s identity (race, gender, national origin, religion, age, or sexual orientation)

8 Distinguishing Civil Rights & Civil Liberties Civil Liberties Civil Rights Negative freedom (freedom from) Prevents governmental intrusions (source of individual rights) Derives from freedoms in the Bill of Rights " Positive freedom (freedom to ) " Presumes categories of people who have been denied civil liberties (justifies group claims) " Derives from the equal protection clause of the 14 th Amendment

9 The Politics of Slavery " Economic dependence of southern planters on slavery " Industrialization in the North sharpened cultural differences & gave rise to sectional conflict

10 Attempts to Compromise " Westward expansion created a free or slave territorial controversy " Successive compromises insured that the South would continue to receive around 47% of the representation in Congress " The Missouri Compromise admitted Missouri as a slave state with Maine being carved out of Massachusetts

11 The Abolitionist Movement " The Missouri Compromise sparked opposition in the North " The Transcendentalist Movement (e.g. Ralph Waldo Emerson & Henry David Thoreau) condemned slavery " Wm. Lloyd Garrison founded the American Anti-Slavery Society in 1833 (gained ¼ million adherents)

12 Abolitionism & Women s Rights " In the 1840 s, many women contributed to the abolitionist movement " However, women were a stigmatized class as well " Elizabeth Cady Stanton & Lucretia Mott resolved to organize a women s rights convention

13 The Seneca Falls Convention " Convention reflected general unhappiness with existing social conventions and mores " Passed resolutions calling for the abolition of legal, economic and social discrimination against women " Wanted to provide women an equal opportunity to pursue public goods

14 The Calm Before the Storm " Westward migration sparked reformist movements calling for an end to slavery " Advocates of slavery became progressively more intolerant of criticism " Harriet Beecher Stowe s Uncle Tom s Cabin (1852) provoked passionate reactions on both sides

15 Harriet Beecher Stowe: Abolitionist Heroine Harriet Beecher Stowe ( ). Picture courtesy Encarta " Uncle Tom s Cabin sold more than 300,000 copies in 1852 " Lincoln is quoted as saying that Beecher was the little woman who wrote the book that made this great war

16 Dred Scott v. Sandford (1857) " Former slave argued that living in a free territory made him free " The Supreme Court ruled otherwise, striking down the Missouri compromise as well Dred Scott (1800?-1858). Picture courtesy Encarta.

17 Roger Taney: Architect of War " Appointed chief justice by Andrew Jackson " Concluded in Dred Scott that blacks could be reduced to servitude for their own good Roger B. Taney ( ). Picture courtesy

18 Winning the Right to Vote " The tumult of the Civil War destroyed the institution of slavery " The importance of Abraham Lincoln s Emancipation Proclamation " Only freed slaves in the seceding states " The war cost over ½ million combat casualties & untold destruction of noncombatant lives & property

19 The Civil War Amendments: The 13 th Amendment " Banned all forms of slavery and involuntary servitude " Southern states were required to ratify the 13 th Amendment as a condition for readmission to the Union " Former slave states quickly passed Black Codes designed to disenfranchise the newly freed slaves

20 The Civil War Amendments: The 14 th Amendment " The Republican Congress passed the Civil Rights Act of 1866 to invalidate state Black Codes " 1 st congressional override of a presidential veto " Republicans realized that states would be able to continue discrimination unless there was structural change to the Constitution

21 The Radical Nature of the 14 th Amendment (1865) " Specifically denied the right of the states to deny citizens equal protection under the law " Includes prohibition from depriving any person of life, liberty, or property without due process of law " The 14 th Amendment was opposed by many women s groups b/c it specified males for the 1 st time in the Constitution

22 The Civil War Amendments: The 15 th Amendment (1866) " Guaranteed the right of citizens to vote " Regardless of race, color or previous condition of servitude " Women s groups were deeply alienated & felt betrayed " Women s groups began forming separate women-specific groups

23 Civil Rights in the 19 th Century " Republicans were (initially) strong advocates of civil rights in the 19 th century " African-Americans were viewed as a potentially important constituency that could give Republicans electoral dominance for the foreseeable future " The Supreme Court did not adopt the same protectionist stance toward civil rights

24 The Supreme Court s Narrow Interpretation of the 14 th Amendment " The Court essentially denied that the 14 th Amendment applied the Bill of Rights to the states " In 1875, the Court concluded that state s refusal to allow women to vote did not violate the 14 th Amendment s equal protection clause " That same year, Congress passed another civil rights act designed to prevent states from denying legal rights to blacks

25 The Civil Rights Cases (1883) " Separate cases involving private individuals refusing to extend accommodations to African Americans " The Court ruled that Congress could only prohibit governmental action not private acts of discrimination " The decision restricted the scope of the 14 th Amendment & Congress power to legislate in the area of civil rights

26 The Push for Segregation " Southern states viewed the Court s actions as an invitation to gut the civil war amendments " States looked for apparently race neutral ways to disenfranchise black voters " New tactics had the serendipitous effect of disenfranchising poor whites and immigrants as well " Planters could not trust people outside their class to support their policies unless they could play on racial fears

27 The Tools of Disenfranchisement " Poll Taxes: came due when sharecroppers had little money available " Literacy Tests: allowed registrars to administer difficult tests to undesirable registrants " Grandfather clauses: those who failed literacy tests could only vote if their grandfathers had been eligible prior to Reconstruction " Excluded slaves and immigrants

28 And When that Failed " Between , between 3,200-4,000 people were lynched " Over 78% were African-Americans " A large percentage of lynching occurred in the South " Reinforced Jim Crow segregation

29 Progressive Era " The tragedy of the Progressive Era ( ) for minorities " Progressives attempted to reform business, government, and to attack prejudice " Progressives were largely unsuccessful in battling discrimination

30 Plessy v. Ferguson (1896) " Considered with Dred Scott to be among the most unjust Supreme Court decisions " Central question: did state laws segregating transportation violate the 14 th Amendment s equal protection clause? " The Court ruled that separate but equal facilities did not violate the 14 th Amendment

31 Introduction cont.: The Lone Dissenter: John Harlan " Harlan contended that The Constitution is colorblind " Concluded that segregation put a badge of servitude and degradation on fellow citizens ( ) Picture courtesy

32 The Founding of Key Groups A series of race riots in 1909 led to a conference among citizens Out of this conference emerged the National Association for the Advancement of Colored People (NAACP) Also, a woman s group named the National American Woman Suffrage Association (NAWSA) formed w Two principal issues: temperance & the vote

33 1a. The Success of the Women s Progressive Movement Secured passage of the 18 th Amendment banning sale of alcohol in 1919 Secured passage of the 19 th Amendment granting women the vote in 1920 w Racist undertones of some suffragettes: giving women the vote would ensure white supremacy

34 The Disintegration of Women s Groups The diverse alliance of women s groups quickly faded upon achieving their ends Women did not participate as a distinctive group until the 1960 s By giving women what they wanted, political leaders robbed women of issues that bound them into a distinctive interest until the next time African-American groups continued the struggle

35 Litigating for Equality " The decision to launch a legal attack on the constitutionality of segregation " The NAACP s long-term strategy was to dismantle segregation in public life, beginning with public education " The federal courts and the progressive nature of New Deal judges gave African-Americans hope

36 The Use of Test Cases " The NAACP challenged education in graduate schools " Southern states maintained separate elementary and secondary schools, but not graduate schools " The NAACP choose graduate schools because the issues were easy for judges to grasp & would be less threatening to the white power structure

37 Missouri v. Gaines (1938) " Lloyd Gaines applied for admission to the University of Missouri Law school and was rejected " The state offered to build a separate school or pay his tuition at an out-ofstate school " The case was appealed to the Supreme Court in 1937

38 A Transition in the Court " The Supreme Court s belief in dual federalism ( ) " However, in 1937 the Court reversed itself and began to rule New Deal programs constitutional through the invocation of the necessary and proper clause (Article 1, section 8) " The Court ruled that UM had failed to provide separate but equal facilities, and ordered Gaines admitted

39 The Creation of the NAACP s Legal Defense Fund " A separate, tax-exempt fund designed to challenge segregation in federal courts " Leader was Thurgood Marshall, who would become the 1 st African American Supreme Court Justice Thurgood Marshall ( ). Picture courtesy Encarta.

40 Texas v. Sweatt " Similar challenge to Gaines " Interestingly, while southern states filed amicus briefs supporting TX, the Truman administration filed a friend of the court brief urging the Court to overrule Plessy " The court did not overrule Plessy, but did conclude that separate-but-equal wasn t working

41 Brown v. Board of Education (1954) " Four separate cases brought from different parts of the South and border states " Challenged segregation of elementary & high schools " Marshall argued that separate-but-equal violated the 14 th Amendment s equal protection clause " Integration was the only solution

42 The Legal Strategy: The Use of Brandeis Briefs " When the law doesn t provide a precedent, find another basis for your claim " NAACP lawyers used scientific evidence to argue that segregation stigmatized African Americans " On scientific grounds, separate can t be equal

43 Kenneth Clark s Doll Study " The study of selfidentification among black children " Demonstrated that black children were psychologically harmed by segregation Sociologist Kenneth Clark (1914-??). Picture courtesy

44 The Court s Finding " Agreed that segregation harmed African Americans " We conclude, unanimously, that in the field of education the doctrine of separate but equal has no place Earl Warren ( ). Picture courtesy

45 The Importance of Brown " The single most important civil rights case of the 20 th century " Provoked howls of indignation from southern politicians " Furthered the careers of pro-segregationist politicians throughout the South " Orval Faubus, George Wallace, Lester Maddox, and Strom Thurmond all ran political campaigns against Brown

46 George Wallace: Segregationist Firebrand " In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever." AL Gov. George Wallace ( ).Picture courtesy

47 The Civil Rights Movement The March on Washington. Picture courtesy

48 School Desegregation After Brown " Southern politicians attempted to argue for a gradualist approach to integration " In Brown II, the Court ruled that segregated schools must be integrated with all deliberate speed " Segregationists, however, continued to delay and obstruct

49 Cooper v. Aaron (1958) " Little Rock, AR school board asked for a 2 ½ year delay " Each member of the Supreme Court signed the opinion " no state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it

50 A New Move for African American Rights " African Americans were becoming frustrated with the NAACP s tactics " Many southern African Americans wanted to attack segregation politically as well as legally " The political battle began in Montgomery AL

51 The Montgomery Bus Boycott ( ) Rosa Parks (1914-??). Picture courtesy Encarta " Seamstress & NAACP secretary arrested for refusing to surrender her seat to white man " Led to a year-long boycott " Fed. judge ruled that bus segregation violated the 14 th Amendment

52 The Formation of New Groups " Martin Luther King, Jr. s helped form the Southern Christian Leadership Conference " SCLC s tactics were based on King s commitment to nonviolent protest King and Rosa Parks. Picture

53 The Student Nonviolent Coordinating Committee (SNCC) " The SCLC was a Christian-based group organized around preachers " SNCC was a student-based, grassroots organization " More radical and confrontational than SCLC

54 Sit-Ins and Freedom Rides " Sit-Ins at segregated facilities to highlight its unfairness " Freedom rides of integrated groups on interstate buses led to significant outbreaks of violence perpetrated by racists " SCLC organized a march in Birmingham that led to violence by police against marchers

55 The March on Washington " Held in August 1963 " More than ¼ million people took part " Culminated in Kings I Have a Dream Speech View of the Washington Monument. Picture courtesy

56 The Civil Rights Act of 1964 " The importance of Kennedy s assassination " Committed to civil rights " Gave his successor political impetus " Johnson s political skill in securing passage of the Civil Rights Act

57 The Longest Filibuster " Southern Democrats attempted to block the bill by filibusters " Thurmond had filibustered a civil rights bill for 24 hours & 18 minutes in 1957 " He switched parties as a result of the Civil Rights Act of 1964 SC Sen. Strom Thurmond ( ). Picture courtesy

58 Provisions of the Civil Rights Act of 1964 " Outlawed arbitrary discrimination in voter registration; " Barred discrimination in public accommodations engaged in interstate commerce " Authorized the Justice Dept. to initiate lawsuits to desegregate public schools

59 Provisions cont. " Provided for the withholding of federal funds from discriminatory states and local programs " Prohibited discrimination in employment on grounds of race, color, religion, national origin, or sex* " Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce bans on employment discrimination *Sexual discrimination was attached as a poison pill amendment by Southern Democrats. Ironically, the amendment actually made it harder for opponents to vote against the bill.

60 The Need for a Separate Women s Movement " Women have often played influential roles in progressive causes " Unfortunately, progressive men are often selective in their idealism " Women often found themselves subordinated by their male counterparts in progressive organizations

61 The Women s Rights Movement The prevalence of paternalistic attitudes toward women in the United States Women had few legal rights prior to the 1970 s in the United States A woman walking unescorted on the street at night was likely to arrested by police on suspicion of prostitution

62 The Women s Rights Movement Female sororities were not allowed offcampus housing because in many localities more than three women living in a house without male supervision constituted a house of ill-repute Supreme Court Justice in Hoyt v. Florida(1961): a woman is still regarded as the center of home and family life

63 Forging a New Movement In 1961, Pres. Kennedy created the President s Commission on the Status of Women The Commission s report was released in 1963, and documented pervasive discrimination against women The Civil Rights Act (1964) included prohibitions of discrimination against women

64 The Feminist Mystique (1963) Betty Friedan (1921- ). Picture courtesy Encarta. Argued that women had been unfairly consigned to the private sphere Argued that women should be judged by the same standards as men

65 The Formation of NOW After the Equal Employment Opportunity Commission (EEOC) failed to enforce provisions of the Civil Rights Act, women activists formed the National Organization of Women (NOW) Closely modeled on the NAACP Strategy of seeking change through legal means

66 The Equal Rights Amendment (ERA) Feminists wanted an equal protection amendment similar to the one in the 14 th Amendment In 1972, Congress passed the ERA by large majorities A six-year deadline was built into the proposal

67 What was the ERA? Two Provisions Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article

68 Why did the ERA Fail? Within a year, 22 states had ratified the amendment However, social currents began turning against the ERA, and ratification in southern states was opposed Roe v. Wade (1973) sparked a conservative backlash movement whose primary target was feminism

69 Phyllis Schlafly: Conservative Opponent of the ERA Conservatives argued that feminism was attempting to masculinize women Conservatives viewed feminism as an assault on the family Phyllis Schlafly (`1924- ). Picture courtesy

70 Litigating for Equal Rights " Many groups formed legal arms to bring social change through the courts " However, feminist groups faced an important obstacle: the Supreme Court s interpretation of the 14 th Amendment s equal protection clause

71 The Equal Protection Clause and Constitutional Standards of Review " The equal protection clause is subject to different categories of review " Certain rights are given a strict scrutiny standard of review " presumed unconstitutional " Fundamental freedoms & suspect classifications (e.g. race) " Gender is accorded an intermediate standard

72 The Minimum Rationality Standard " The Court asks whether there is a rational foundation for the law or practice " Romer v. Evans (1996) " CO Amendment precluded governmental actions designed to protect gays " Court concluded that the practice was not rational or reasonable

73 Why an Intermediate Standard for Gender Issues? " Craig v. Boren (1976) " OK law allowed yr. old women to drink while prohibiting men of the same age from drinking " Court ruled that keeping drunk drivers off the road was an important govt. objective " However, differential drinking ages is not substantially related to that goal

74 Practices Found to violate the 14 th Amendment " Single-sex public nursing schools " Laws that consider males adults at 21 but females at 18 " Laws that allow women but not men to receive alimony " State prosecutors use of preemptory challenges to reject men or women to create more sympathetic juries " Virginia s maintenance of an all male military college (VMI)

75 Governmental Practices Upheld " All male draft registration requirements " State statutory rape laws that apply only to female victims " Why are these instances considered important governmental objectives?

76 2e. Statutory Remedies for Sex Discrimination " The importance of Titles VII & IX of the Civil Rights Act " Title VII prohibits discrimination by private & public employers " Title IX of the Education Amendments to the Civil Rights Act (1972) bans publicly funded schools from discriminating against female students

77 Key Sexual Discrimination Victories " Legal consideration of sexual harassment as a form of sexual discrimination " A broad definition of what can be considered sexual harassment " Inclusion of law firms in the coverage of the act " Allowance of voluntary affirmative action programs designed to reform past gender discrimination The Wage Gap and the Glass Ceiling : Do you know what they are?

78 Other Groups Mobilize for Rights Groups often organize in order to level the playing field for their members, who are often poor. " Many different ethnic & religious groups have begun to organize to pursue civil rights claims on behalf of groups who have experienced discrimination

79 The Mexican American Legal Defense and Educational Fund (MALDEF) " Formed in 1968 " Pressure state and local govt. to initiate programs to facilitate Hispanic assimilation " Has won important victories in challenges to how state/local govt. organize elections " Strong supporters of affirmative action programs

80 Native Americans " Today, 4.1 million consider themselves to be Native American " At the time of contact, North American population was estimated at 10 million " History of warfare, conquest, forced assimilation, and entrapment on reservations where poverty & disease ran rampant " Dee Brown s Bury my Heart at Wounded Knee Bury My Heart details the American Indian Movement s seizure of Wounded Knee, SD, site of a U.S. army massacre of 150 Indians.

81 The Native American Rights Fund (NARF) " Native Americans have focused on two principal issues " Protecting traditions & sacred places " Securing gaming rights on tribal lands " NARF also continues to fight negative stereotypes (e.g. names of sports teams like the Washington Redskins )

82 Gays and Lesbians " Gays and lesbians face greater obstacles than other minority groups " Americans are deeply ambivalent about homosexuality The Stonewall Riots in 1969 in NYC sparked the gay pride movement. Picture courtesy

83 Homosexuality and the Law " Bowers v. Harkwick (1986) ruled that gays could be prosecuted for consensual sex " Justice White: privacy rights do not extend to homosexuals Byron White ( ). Picture courtesy

84 Homosexuality and the Law " While the Supreme Court has suggested that homosexual behavior could be regulated, it has also ruled that homosexuals as persons had a right to equal protection under the laws " Romer v. Evans (1996): CO amendment was unconstitutional " The recent decision in Lawrence v. Texas overturned Bowers, and secured privacy rights for gays and lesbians

85 Disabled Americans " Disabled Americans have become an important force in the civil rights movement " Success in passing the Americans With Disabilities Act (1990) " Extends protections of the Civil Rights Act of 1964 to disabled Americans & guarantees access to public facilities

86 Limiting the Scope of the ADA " In 1999, the Supreme Court handed down decisions limiting the scope of the ADA " Limitations could affect people who have correctable disabilities but who cannot afford the drugs or prosthetics to correct their disability

87 Disabled Senator: Max Cleland " Lost both legs and an arm in Vietnam " Had trouble finding accessible housing in Washington " Defeated for reelection by Saxby Chambliss, who challenged Cleland s patriotism Former GA Sen. Max Cleland. Picture courtesy