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1. Members of the same color group may speak
freely among themselves
2. Blues may speak to members of any other group
3. Greens may speak freely to purples, yet may
speak to blues only when spoken to first.
4. Purples may speak to no one but members of
their own color group, unless spoken to first
5. Blues may raise their hands at any time to ask or
answer a question. Greens and purples may raise
their hands to ask a question, but not to answer a
question.
6. Group rules cannot be changed or disobeyed

Two Centuries of Struggle
 Conceptions of Equality
▪ Jefferson insisted that blacks were inferior to whites
(wrote Declaration)
▪ American: Equality of Opportunity v. Equality of
Outcome.
▪ European countries combat poverty with high taxes.
Not an American value, why?
▪ Equality relatively new concept/value for America
 The Constitution and Inequality
▪ Equality not mentioned in the Constitution.
▪ Now found in the 14th Amendment (1868)
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-Equal Protection Clause
-Due Process Clause
-Citizenship
▪ Took another 100 years to enforce the 14th.
▪ Equal protection of the law means: equal protection of
life, liberty and property
▪ SC has three classification levels of scrutiny:
▪ Reasonable: OK if legitimate government purpose. Person
challenging has burden of proof. Age restrictions are reasonable.
Having blue hair isn’t. Voting age is reasonable.
▪ Inherently suspect: Used for racial and ethnic classifications.
They are invalid unless they serve as “compelling public interest.”
Classification by race may be OK for college admission, if it
remedies previous discrimination but still difficult to do.
▪ Somewhere in between: Gender fits somewhere in between.
Laws that discriminate by gender must show a substantial
relationship to an important legislative purpose. Draft.
▪ SC standards are confusing even to legal minds
▪ Chart p. 139
 Slavery Era
▪ Dred Scott v. Sandford, 1857: Justice Taney ruled slaves
were chattel and could be taken where the owner
pleased. Allowed expansion of slavery into the
territories. Milestone toward Civil War. Invalidated the
Missouri Compromise
▪ Thirteenth Amendment: Outlawed slavery
▪ Fifteenth Amendment: Right to vote
▪ After Civil War troops ruled the south during
reconstruction
▪ After 10 years pull out of troops in compromise for
Rutherford B. Hayes for president, 1876. Assume
business as usual.
▪ Start of Jim Crow laws.
▪ Plessy v. Furguson, 1896: Plessy was 7/8th white.
Louisiana had separate but equal railroad
accommodation laws.
▪ Historically more attention to “separate” than “equal”
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Independent Observational Notes
Share with Groups
Thesis Statement based on pictures
Share Thesis Statements
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NAACP founded 1909
Brown v. Board of Education, 1954, NAACP selected Linda Brown
to challenge segregation; Plessy overturned. (Event helped
establish national supremacy over states)
1955 SC said to proceed with “all deliberate speed.”
1969 “Delays in desegregating school are no longer acceptable.”
1964 Civil Rights Act prohibited federal funding going to any
schools that remained segregated. This pushed schools to finally
desegregate.
Busing was upheld, but not mandated by SC. Courts cannot order
busing between school districts. Unpopular with blacks and whites.
De jure (law) v. De facto (volunteer/reality) segregation
Chart p. 140, 141, 142
▪ Civil Rights Act, 1964: National appealing—gets on
policy agenda.
▪ Illegal to discriminate in hotels, restaurants, and other public
accommodations.
▪ Forbade discrimination in employment on the basis of race,
color, national origin, religion, gender
▪ Created Equal Employment Opportunity Commission (EEOC) to
enforce protecting against job discrimination.
▪ Withheld federal money from state, local, and other
organizations that discriminated.
▪ Strengthened voting legislation.
▪ Hand-Out with Questions
 Getting and Using the Right to Vote
▪ Suffrage: legal right to vote, which expanded over time
▪ Fifteenth Amendment: 1870, Right to vote on account of race, color,
previous condition of servitude (too vague).
▪ Grandfather Clauses: Southern states—literacy test required for
voting, but citizens whose grandfathers could vote in 1860 didn’t have
to take test allowing illiterate whites to vote. 1915 ruled
unconstitutional.
▪ Poll Taxes: Tax to be able to vote, which sharecropper blacks could not
afford. Void 1964 with 24th Amendment
▪ White Primary: Only allowed whites to vote in primaries, which is when
it really counted in selection of candidates. 1944 ruled unconstitutional.
▪ Voting Rights Act of 1965: Law designed to help end formal and
informal barriers to African American voting. Under act, hundreds of
thousands of blacks were registered to vote. Southern elected officials
increased from 70 to 2,500 from 1965-1980. Currently total in country is
9,000.
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Hand-Out with Questions
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Consider pictures, lecture notes, textbook,
and video notes
3-5 paragraphs
Describe the struggle A.A. endured as they
fought for equality in this nation.
 Time Period: 1776-present
▪ Racial Gerrymandering:
▪ Originally used to keep blacks (and other minorities) out of office.
▪ Voting Rights Act 1982: Minorities should be able to “elect
representatives of their choice,” so states redrew district lines to
favor blacks and minorities after 1990 census.
▪ 1993 SC makes unconstitutional if it is the primary motivation.
Shaw v. (Janet?) Reno, 1993—plus three more cases since Shaw,
the courts have refined constitutional rulings regarding racial
gerrymandering. Basically primary purpose can’t be racial.
▪ The debate continues….
▪ Activity
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Native American
▪ Citizenship 1924
▪ 1960 Civil Rights Movement create climate to improve circumstances.
▪ 1968 Indian Bill of Rights applied to Civil Rights Act of 1968 making most of the Bill of Rights
applicable to tribal governments
▪ 1969 Alcatraz Island seized to protest tribal loss of lands.
▪ 1973 11 hostages/71 days taken Wounded Knee, SD, until federal government agreed to
examine treaty rights.
▪ 1970 Tribes start to use courts to protect their rights
▪ 1978 SC strengthened tribal power to self-government
▪ Still poorest of the minorities.
▪ .9% of US population
▪ Controversy with Native American EXTRA rights
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Hunting and fishing privileges rights
Gambling on reservation
https://www.youtube.com/watch?v=PyviKu8Odo&index=31&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H
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Hispanic Americans
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Largest minority (13 %)
From: Mexico, Puerto Rico, Cuba, El Salvador
First effort in 1960s using tactics of African Americans
Created Mexican American Legal Defense and Education Fund
(MALDEF) modeled after NAACP Legal Defense Fund.
 Cesar Chavez: organized migrant workers
 Currently 5,200 elected Hispanics
 Poverty, discrimination, language barriers depress Hispanic voter
turnout.
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Asian Americans
 Fastest growing minority, 4% of population
 Internment camps WWII 100,000 affected
 Korematse v. United States, 1944 ruled it constitutional.
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Women, the Constitution, and Public Policy
 Battle for the Vote: First Wave
▪ Seneca Falls Declaration of Sentiments and Resolutions, 1848
▪ Nineteenth Amendment 1920, 72 years later
 The Doldrums: 1920-1960s
▪ Protectionism: Idea that a woman role revolves around being
a wife and mother.
▪ Laws were passed to protect women from overtime, long hours,
heavy lifting, etc.
▪ Laws also “protected” men from competing with women or jobs.
▪ Men could be required to support their families after divorce.
▪ Women, in contrast, almost always were given custody of children.
▪ Read p. 151 Sally Reed
 The Second Feminist Wave
▪ Betty Friedan’s, The Feminist Mystique, 1963: Encourage
women to question assumptions about their role in society.
▪ National Organization of Women (NOW) organized in
1960s??
▪ Court gets involved in 1970s:
▪ Reed v. Reed 1971: After divorce Mrs. Reed asked to be administrator
of their deceased son’s estate. Mr. Reed also applied. Granted.
Idaho law said men must be considered before women, so Mr. Reed
won. SC ruled Idaho law was unconstitutional because gender
biased. (Used the 14th Amendment—equality)
▪ Craig v. Boren, 1976: Courts used to established medium scrutiny for
gender discrimination.
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-See p,. 152 Chart 5.5
 Women in the Workplace
▪ 66 million women v. 76 million men are in the workforce
▪ 60% of adult women work; 61% of these are married
▪ “Protectionsim is not dead”
▪ Civil Right Act, 1964: Banned gender discrimination in employment
▪ Title IX: Forbade gender discrimination in federally funded education
and athletic programs. Read Hand-Out
▪ Pregnancy Discrimination Act 1978: Employers can’t exclude
childbirth and pregnancy from health plans and sick leave benefits.
▪ Civil Rights and Women’s Equity in Employment Act, 1991: Shifts
burden of proof to employers that employment practices are job
performance related and consistent with “business necessity.”
▪ Women and the Draft? Combat?
▪ https://www.youtube.com/watch?v=1uFh4GTZHU&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=30
▪
▪ Other court protections:
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No arbitrary height and weight requirements.
Can’t require mandatory maternity leaves.
Can’t deny job on grounds that it will harm the fetus.
Can’t exclude women from state funded schools (without an
equivalents alternative) Virginia Military Institute.
▪ SC has upheld laws that don’t allow gender discrimination in
private business/service clubs.
 Wage Discrimination and Comparable Worth
▪ Wages $.78 (2002 text $0.71) per man’s dollar
▪ Comparable worth: Idea that women are not paid equal with
men for similar jobs when they work at traditionally female
jobs. SC hasn’t ruled.
 Women in the Military
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Have served in all branches since WWII
15% (11% 2002) of armed services
Forbid in hand to hand combat positions (burden or privilege)
Not required to register for selective services or be drafted
Women prove themselves in Gulf War as combat pilots.
 Sexual Harassment
▪ 1986 SC: If sexual harassment is so pervasive to create a hostile
work environment then it is discrimination which is forbidden in
Civil Rights Act, 1964.
▪ 1998 SC rules employers are responsible for preventing sexual
harassment. Victims must show they filed complaints through
proper channels at work.
▪ 1999 Schools can be sued for sexual harassment if school has
knowledge of it.
▪ Tailhook Party, 1991: Naval aviators harass women at convention.
Taken seriously—leadership of navy held responsible.
▪ 1996-97: Great attention given to cleaning military of sexual
harassment. Officers have gone to prison and been removed from
the military for allowing or participating in sexual harassment.
▪ Equal Right Amendment (ERA),
▪ Introduced in 1923; little support
▪ Passed in Congress in 1972 (three states
short of ratification)
▪ Have been introduced several times since.
▪ Should this be added?
▪ Reading with overview/perspectives
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Newly Active Groups Under the Civil Rights Umbrella
 Graying of America
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Social Security started 1935 setting retirement at 65 arbitrarily
Life expectancy 75/80 in US (2004)
Social Security never supposed to be full retirement
1975 law passed to protect against discrimination of people over 40
for employment.
Age Discrimination and Employment Act, 1978, raised retirement
age to 70.
Today, no retirement age
SC 1976 would not move age to suspect category (like gender)
2000 changed burden of proof and employees can now win cases
without direct evidence of discrimination.
 People with Disabilities
▪ Rehabilitation Act 1973, added people with disabilities to be
protected from discrimination. Define inaccessible environments
as discrimination.
▪ Handicapped Children Act 1975: Guaranteed a free public
education appropriate to their needs.
▪ American with Disabilities Act 1990: Strengthened protections;
requires employers to make reasonable accommodation for people
with disabilities
▪ 1998: People with AIDS protected
▪ 1999: People with physical impairment that can function normally
with medicine/aids are not considered disabled and do not fall
under ADA protection. Glasses, insulin, etc.
▪ Not popular among Americans: poorly funded and enforced? Is this
view short sighted? (Helps make them independent, but costs a
lot.)
 Gay and Lesbian Rights
▪ Organize in 1970s and 1980s
▪ Bowers v. Hardwick, 1986 overturned by Lawrence v. Texas,
2003. Lead to challenge over marriage in CA and MA.
▪ Was 7 now 14 and D.C. states have laws that protect
homosexuals
▪ Military: Don’t ask don’t tell policy/Has since changed!
▪ reaffirmed military strict policy against homosexual activity
▪ will be discharged unless can prove remove celibate
▪ Boy Scout, 2000, can ban gay leaders. (Violates its principles)
▪ Has since changed!
▪ Is the text liberal or conservative? No reference to states
that have passed laws banning gay marriage, no
affirmative action article on pp. 162-3/
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Affirmative Action
 Affirmative Action: Policy designed to give special attention to
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compensation of previously disadvantaged groups.
Federal government requires all state and local governments
and any institution that does business with the federal
government to adopt an affirmative action policy.
Equal opportunity v. Equal Results (or outcome)
Numerical quotas: mostly controversial
SC has not clarified position on affirmative action
Regents of the University of California v. Bakke, 1978: Ruled
that Bakke was being discriminated against because he was
white. No longer allows race as the primary factor for deciding
admittance and couldn’t use quotas for a group admitted. Race
can be one factor of many. (Bakke 96th verbal/97th science v. minority
group 46th verbal/35th science. Bakke was admitted.)
 United Steel Workers of America, AFL-CIO v. Weber, 1979:
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Company has special training program for employees and sets aside
positions for blacks because of past discrimination—program upheld
and Brian Weber wasn’t admitted.
Adarand Constructors v. Pena, 1995: Federal programs can’t classify
people by race unless “ narrowly tailored” for “compelling
government interest.” This case challenged federal contract quotas
to minorities.
Last hired, first hired practice upheld by SC 1986 (teacher layoffs)
Reverse discrimination: Argue that any race or gender discrimination
is wrong.
Proposition 209, CA 1996: Banned affirmative action in public
hiring/contacting/college admissions (race and gender). SC hasn’t
ruled on the issue yet. Demonstrates unhappiness with affirmative
action.
Washington state passed similar ban 1998
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You Decide: Who Should Be Admitted?
Read p. 164 “Influencing Affirmative Action”
Read p. 165 “The Case of Santa Clara
Dispatcher”

Understanding Civil Rights and Public Policy
 Civil Rights and Democracy
▪ Protection against majority rule (give minority rights)
▪ Text quote: “When men were breadwinners and women
were homemakers, married men had a source of cheap
domestic labor.” Discuss
 Civil Rights and the Scope of Government
▪ Has increased the scope of government
▪ Positive or negative? Discuss
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
Equal Rights Laws Activity
https://www.youtube.com/watch?v=kbwsFA2sTg&index=23&list=PL8dPuuaLjXtOfse2nc
vffeelTrqvhrz8H
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Civil rights has been an issue that has affected the
United States since the founding of the nation. All
branches of government have been involved in the
civil rights arena.
 Identify and describe TWO of the following:
▪ One S.C. case in the twentieth century that affected civil rights.
▪ One law passed by Congress in the twentieth century that
affected civil rights.
▪ One presidential action in the twentieth century that affected
civil rights.
▪ Then describe the actions of ONE nongovernmental institution that has
helped advance civil rights.
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The civil rights movement of the 1950s and
1960s was successful in part due to strong
individual leadership. Choose two of the
following:
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Earl Warren
Martin Luther King Jr.
Lyndon Johnson
For each person you have chosen:
▪ Describe one specific action through which each individual
helped advance civil rights for African Americans.
▪ Describe the opposition each person faced while trying to
advance civil rights for African Americans.