Civil Rights in the Courts
We will summarize the
evolution of civil rights
court cases and the
strategy used in these
cases.
11.10.2-3
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Lesson Objective
S We will summarize the evolution
of civil rights court cases.
Prior Knolwedge
S What is emancipation?
S What is segregation?
S What was the Great Migration?
S What were Jim Crow Laws?
S Why were African Americans migrating to the North?
Rights as Citizens
S Dred Scott v. Sandford
S Scott taken to Illinois (free state) and back to a
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Missouri (slave state).
Scott should have attempted to gain his freedom
while in Illinois
He sued, claiming he should remain free
In 1857 U.S. Supreme Court rules:
AA’s could not become citizens of the United
States and had no rights to sue in the courts.
S Power of federal government to prohibit slavery in
new territories was limited
S In 1868, the 14th Amendment gave AA the rights
of citizens.
CFU – What role are African Americans play in America?
Dred Scott
Separate but Equal
S Jim Crow Laws
Prevented AA’s from using the same public facilities
as whites
S “Separate but Equal”
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S Plessy v. Ferguson
S Homer Plessy tested the law by sitting in a “whites
only” railroad car.
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1/8th Black & 7/8 White
Claimed separate facilities violated equal protection
clause in the 14th Amendment
S Supreme Court rules: Separate facilities were legal
as long as they were equal
S “separate but equal” allowed segregation across the
South
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CFU – What extent does skin color play in deciding race?
Separate but Equal
S Brown vs. The Board of Education
S Oliver Brown sued the school board in Topeka, Kansas
S His daughter had to attend a school far away instead of one nearby for whites
only.
S Lawsuits from other states challenging “separate but equal” were combined
into Brown v. Board of Education
S In 1954, Supreme Court ruled that segregated schools were unequal by their
very nature of being separate.
S Segregation and Jim Crow Laws thrown out
S Schools resisted desegregation
S More court orders were required
CFU – What role does this case play in your
education today?
Affirmative Action
S “Affirmative action” first used by Pres.
Kennedy
S Described programs that would favor AA’s
in jobs and college admissions
S Opponents claimed the policy
discriminated against more qualified
whites
S CFU – What is your opinion on
affirmative action?
Affirmative Action
S Regents of the University of California v. Bakke
S Allan Bakke applied to UC Davis school of medicine
S Rejected, even though minorities (Blacks and Hispanics) were admitted
with lower scores
S In 1978, Supreme Court ruled:
S A rigid (tough) quota system for university medical school admission was
unfair.
S It had allowed race to be one factor considered for entry into the program
S Proposition 209
S Passed in California in 1996
S Ended state-controlled affirmative action programs
S Minority enrollments in California universities
dropped
Allan Bakke graduating from UC Davis School of Medicine
Brain Drain
S The constitutional basis for the 1954 decision of the Supreme Court in Brown v.
Board of Education is the guarantee of
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(1) freedom of assembly
(2) due process of law
(3) state control of interstate commerce
(4) equal protection of the law
S The Jim Crow legal system, which expanded in the South after Plessy v. Ferguson
(1896), was based on the Supreme Court’s interpretation of the
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(1) due process clause of the 5th Amendment
(2) states’ rights provision of the 10th Amendment
(3) equal protection clause in the 14th Amendment
(4) voting rights provision in the 15th Amendment
S Which of the following is a correct statement about the Supreme Court
decision in Regents of the University of California v. Bakke?
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(1) It extended the scope of the Brown v. Board of Education decision.
(2) It required busing to achieve integration in public schools.
(3) It limited the power of the President to spend money on education.
(4) It was the first limit on affirmative action programs.
Review