Aim: CIVIL RIGHTS
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The pertinent question regarding civil rights is not whether
the government has the authority to treat people
differently; it is whether such differences in treatment are
reasonable
Classifying people on basis of race or ethnicity is
“unreasonable”
“suspect classifications”
Strict scrutiny
Victimized groups – Native Americans, JapaneseAmericans, Mexican-Americans, African-Americans, and
women
Text uses black-white relations to illustrate
Most of landmark laws and court decisions have involved
claims of African-Americans
Aim: CIVIL RIGHTS
THE AFRICAN-AMERICAN PREDICAMENT
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Denied the right to vote, attend integrated
schools, ride in front seat of buses, or buy
homes in white neighborhoods
In terms of interest group politics, blacks at a
disadvantage ---opponents feel deeply
threatened----black gains often appeared to be
at the expense of lower-income whites
In addition, blacks had been denied access to
the political system…..how?
Aim: CIVIL RIGHTS
THE AFRICAN-AMERICAN PREDICAMENT
 In terms of majoritarian politics, works to
disadvantage of blacks
 Because of white attitudes, this was the case
even when white and black interests were not
directly in competition
 Even though the average black represented no
threat to the average white, anti-black
attitudes (racism) produced some appalling
actions
Aim: CIVIL RIGHTS
The African- American Predicament
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Between 1882-1946, 4,715 people were lynched in the
U.S.; ¾ of these people were black
1942 - national poll – only 30% of whites thought that
black and white children should attend same schools
By 1956 – only 40% (after Brown decision)
In South, the numbers are even worse
In 1956, 14 % of whites favored integration
In 1963 – 31% of whites favored integration
1956, majority of southern whites were opposed to
integrated public transportation
Even moderate whites thought demonstration hurt blacks
Aim: CIVIL RIGHTS
The African-American Predicament
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As a result of attitudes before 1960s, it was
difficult for blacks to advance their interests
through a feasible legislative strategy.
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If black interests were to be championed in
Congress/state legislatures, blacks would have
to have white allies.
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But, there were too few white allies…..
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Need to make a change….but, how??
Aim: CIVIL RIGHTS
The African-American Predicament
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Civil Rights leaders need to recruit allies
(very difficult)
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Need to change PUBLIC OPINION
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Dramatize/publicize grievances in order
to broaden base of support among
political elites and the general public
Aim: CIVIL RIGHTS
Aim: CIVIL RIGHTS
Aim: CIVIL RIGHTS
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Change came slowly so……
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Shift focus to policy-making arena
where opposition enjoyed less of an
advantage
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FEDERAL COURTS
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Raise position of Civil Rights matters
from a low to a high position on the
political agenda
Aim: CIVIL RIGHTS
TWO-PRONG ATTACK
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Public opinion
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the Courts
Aim: CIVIL RIGHTS
CAMPAIGN IN THE COURTS
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14TH Amendment (1868)
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Opportunity and problem for black activists
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It seemed to guarantee equal rights for all
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“No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
U.S.; nor shall any state deprive any person of life,
liberty, or property, without DUE PROCESS OF LAW; nor
deny to any person within its jurisdiction the EQUAL
PROTECTION OF THE LAWS.”
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Key phrase “Equal Protection of the Law”
Aim: CIVIL RIGHTS
SO, WHAT DOES “EQUAL PROTECTION OF
LAW” MEAN???
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At first courts took narrow view
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Applied only to legal matters
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Examples – juries, signing contracts, buy and
sell property
Aim: CIVIL RIGHTS
PLESSY V. FERGUSON (1896)
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Determined legal status of 14th Amendment for
½ century
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SEPARATE BUT EQUAL
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Supreme Court ruled that “separate but equal”
facilities were constitutional because if “one
race be inferior to the other socially, the
Constitution of the U.S. cannot put them on
the same plane.”
Aim: CIVIL RIGHTS
SEPARATE BUT EQUAL
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Applied to schools
Segregated
Courts seemed to be saying schools could be separate
and unequal
NAACP – formed in 1909 – legal battle to undo
“separate but equal”
Court based approach has advantages
1.
Doesn’t require support of public opinion
2.
Remain non-partisan
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NEED COURTS TO BROADEN INTERPRETATION OF
THE 14TH AMENDMENT
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Aim: CIVIL RIGHTS
THREE STEPS – PERSUADE COURTS TO…
1.
Declare unconstitutional laws creating schools that
are separate and obviously unequal (see text)
2.
Declare unconstitutional laws supporting schools that
were separate but unequal in not so obvious ways
(see text)
3.
Rule that racially separate schools were inherently
unequal and hence unconstitutional (Brown case)
Aim: CIVIL RIGHTS
Do Now:
1.
2.
3.
4.
Which clause in the 14th amendment has
been at the center of most civil rights cases?
How did the Supreme Court originally
interpret that clause?
What was the significance of Plessy v.
Ferguson?
What civil rights organization created in
1909 was instrumental in broadening the
interpretation of the 14th amendment?
Aim: CIVIL RIGHTS
CAN SEPARATE SCHOOLS BE EQUAL?
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Court cases – 1938-1948
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3rd step achieved in Topeka, Kansas
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Linda Brown
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May 17, 1954 – unanimous Supreme Court
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Chief Justice Earl Warren
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“in the field of public education the doctrine of ‘separate
but equal’ has no place” because “separate educational
facilities are inherently unequal”
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“separate but equal” was dead
Aim: CIVIL RIGHTS
IMPLEMENTATION
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Class action suit
Applied to all similarly situated
Local desegregation plans
Local federal district courts oversee end of segregation
In South, “all deliberate speed” was a snail’s pace
MASSIVE RESISTANCE
Not until 1970s - resistance collapsed and most southern schools
– integrated
FEDERAL AID – INTEGRATED SCHOOLD
FEDERAL AID DENIED – SEGREGATED SCHOOLS
BY 1970, only 14% of southern black school children still
attended all black schools
Aim: CIVIL RIGHTS
THE RATIONALE
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Segregated education is bad because it “has a detrimental
effect upon the colored children” by generating “a feeling of
inferiority as to their status in the community” that may
“affect their hearts and minds in a way unlikely to ever be
undone”
DESEGREGATION V. INTEGRATION
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DESEGREGATED – one that blacks and whites were free to
attend if they chose
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INTEGRATED – one that blacks and whites in fact attended
whether they wanted to or not
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SEGREGATION BY LAW (DE JURE) – clearly unconstitutional
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SEGREGATION IN FACT (DE FACTO) – North; residential
segregation; drawing of district school lines
Aim: CIVIL RIGHTS
SWANN V. CHARLOTTE-MECKLENBURG BOARD OF
EDUCATION (1968)
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“Freedom of Choice” plan
Choose where to go
White children choose white school
85% of black children remained in all black school
Court rejected this plan as unconstitutional because it did not
produce “ultimate end” which was a unitary, non-racial system of
education
Justice William Brennan (opinion)
Seemed to be saying that the Constitution required actual racial
mixing in schools, not just repeal of laws requiring racial
separation
Three (3) years later – BUSING ORDERED – achieve integration
Aim: CIVIL RIGHTS
REDISTRICTING AND BUSING PLANS ORDERED
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Intercity busing authorized only if it could be demonstrated that
the suburban areas (as well as central city) had in fact practiced
school segregation
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If district goes all black because whites move – Court will not
require constant redrawing
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As long as blacks and whites live in different neighborhoods –
chances are schools will be heavily one race
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1992 – DeKalb County (suburb of Atlanta)
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Court held that the local schools could not be held responsible for
segregation caused solely by segregated living patterns and so the
Courts would have to relinquish their control over schools
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WHAT DO YOU THINK ABOUT MANDATORY BUSING TO ACHIEVE
RACIAL INTEGRATION?
Aim: CIVIL RIGHTS
THE CAMPAIGN IN CONGRESS
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To get Civil Rights laws out of Congress was far more difficult and
decentralized strategy
Aimed at mobilizing public opinion
Convince people that something had to be done
Arrange for dramatic confrontations
Late 1950s – sit-ins at segregated lunch counters, “freedomrides” on segregated bus lines, voter registration drives
1955-1956 – Montgomery, Alabama
Martin Luther King Jr.
Rosa Parks
Nonviolent civil disobedience
At the same time, militant organizations formed (riots – 19641968 – summers of racial violence)
Aim: CIVIL RIGHTS
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Demonstrations /rioting got civil rights on the national
political agenda
CIVIL RIGHTS ACT (1964)
VOTING RIGHTS ACT (1965)
1960 – less than 1/3 of voting-age blacks were
registered
By 1971 more than ½ were
By 1984 2/3 were
REMAINING ISSUES
Economic progress
Improvement of housing and neighborhoods
Manpower development (education, job training)
Racial profiling
Aim: CIVIL RIGHTS
Do Now:
1. What clause of the constitution is at
the center of the landmark civil rights
cases in U.S. history?
2. Why is the S.C. ruling in the Brown
case hugely significant?
3. What is the significance of the Civil
Rights Act of 1964 and the Voting
Rights Act of 1965?
Aim: CIVIL RIGHTS
WHAT IS AFFIRMATIVE ACTION?
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What is more important – “equality of results” or
“equality of opportunity”?
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Is affirmative action justified as a way to redress the
effects of past discrimination?
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Is affirmative action “reverse discrimination” and
therefore a violation of the “equal protection” clause of
the 14th amendment?
Aim: CIVIL RIGHTS
WOMEN AND CIVIL RIGHTS
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What is the ERA?
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Why wasn’t it ratified?
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Should the ERA have been ratified?
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Should women be allowed to serve in combat units? (the ban was lifted
entirely by January 2013)
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Is Roe v. Wade a correct application of the “right to privacy”? (Do you
believe that the Constitution implies a “right to privacy”?)
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Does the Family Leave Act (1993) do enough? (12 weeks unpaid leave)
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What is the doctrine of “Comparable Worth”? Do you support it? Explain.
Aim: CIVIL RIGHTS
HOMOSEXUALS AND CIVIL RIGHTS
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CIVIL UNIONS AND GAY MARRIAGE
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DEFENSE OF MARRIAGE ACT (DOMA)
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GAYS IN THE MILITARY – “DON’T ASK; DON’T
TELL” – REPEALED UNDER OBAMA
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SHOULD HOMOSEXUAL ACTS BE ILLEGAL?
(sodomy laws)
Aim: CIVIL RIGHTS
IMMIGRATION
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Illegal immigrants and the 14th Amendment
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“…state may not deny any person…”
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Access to public education, medical care,
unemployment…