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6. Questions?
Civil Rights
Agenda:
Background of Civil Rights Movement
The Civil Rights Movement in Court
The Civil Rights Movement in Congress
Women and Equal Rights
Affirmative Action
Multiple Choice Practice
Background of Civil Rights Movement
Civil Rights – the rights of people
to be treated without unreasonable
or unconstitutional differences.
Chapter 6 – page. 123
Until recently African Americans could not:
1.
2.
3.
4.
5.
Background of Civil Rights Movement
What was responsible for the slow pace with which African Americans
attained civil rights?
1. Politically dominant white minorities in the South.
2. White majority at the national level opposed African
American attempts to achieve rights and federal actions
to secure those rights.
Progress in achieving Civil Rights depended on:
1. Turned perceived interest group into majoritarian issue.
2. Moved legal and political struggle from Congress to the federal
courts.
Civil Rights Movement in the Courts
Fourteenth Amendment
-loose interpretation argued that African Americans had equal
rights but could be treated differently than whites.
Plessy v. Ferguson (1896)
-This case is an example of the Supreme Court adopting this
narrow interpretation.
-”separate but equal” facilities to be constitutional
http://www.oyez.org/cases/1851-1900/1895/1895_210/
The National Association for the Advancement of Colored
People (NAACP) established in 1909 to fight “separate but
equal” doctrine.
Separate is inherently unequal and therefore unconstitutional
Civil Rights Movement in the Courts
Brown v. Board of Education
http://www.oyez.org/cases/1950-1959/1952/1952_1/
-one of the most important Supreme Court cases and will
appear on your AP Exam!
-judicial activism
-Culmination of NAACP’s work (court cases from 19381954)
-Ruled separate schools were inherently unequal and
overturned Plessy v. Ferguson (unanimous decision)
Civil Rights Movement in the Courts
Brown v. Board of Education (continued)
Implementation
-Court ruled that integration should proceed in public schools
“with all deliberate speed”. South = slow pace
-Southern Manifesto – declared Brown decision abuse of
judicial power (judicial activism)
-50’s and 60’s National Guard escorted students to school
-Resistance collapsed in 70’s mostly due to voting power of
African Americans
Civil Rights Movement in Courts
Rationale
-The Brown decision argued segregation was detrimental
to African American students.
-A sense of inferiority
-Court based decision on social science
Civil Rights Movement in Courts
Desegregation vs. Integration
-In the South segregation by law was unconstitutional as a
result of Brown. (de jure segregation - official)
-In the North segregation took place through residential
segregation. (de facto segregation - residential)
-Swann v. Charlotte-Mecklenburg Board of Education
-Busing can be ended if segregation is caused by shifting
housing patterns
Civil Rights Movement in Congress
Civil Rights Movement in Congress
Try to get civil right issues on political agenda through dramatic
events
-sit ins at lunch counters
-”freedom rides” on segregated bus
-register blacks to vote despite intimidation
-Rosa Parks bus boycott organized by MLK Jr.
Strong defensive positions for opponents in Congress
-Southern Democrats controlled Senate Judiciary Committee
-Southerner controlled the House Rules Committee
-filibuster in Senate when civil rights legislation came to floor
-President Kennedy reluctant to pass civil rights legislation
Civil Rights Movement in Congress
How did civil rights legislation pass?
1. Public opinion shifted with time
2. Violent reactions from white segregationists covered by
media
3. Assassination of President Kennedy – gave President
Johnson strong relationship with Congress and promoted
civil rights.
4. 1964 election – Northern Democrats seized power in
Congress
Civil Rights Movement in Congress
Civil Rights Act of 1964
Equality of opportunity in employment, public
accommodations, voting and schools.
Congressional leaders guaranteed passage by:
a discharge petition on the House Rules Committee.
avoidance of the Senate Judiciary Committee.
a cloture vote to quash a filibuster.
creation of a bipartisan bill.
What is the difference between civil rights and civil
liberties?
Women and Equal Rights
Women and Equal Rights
Supreme Court responded by passing laws based on
“reasonableness” standard. Treatment must be reasonable
and not arbitrary.
The Draft
Rostker v. Goldberg (1981)
Supreme Court held Congress can require men but not
women to register for the draft without violating due-process
1993 the secretary of defense allowed women to have air and
sea combat positions but not ground.
Women and Equal Rights
Abortion
Left to the states until 1973
Roe v. Wade – Supreme Court ruling struck down a Texan
ban on abortion and all similar state laws. A woman’s right to
choose an abortion is protected under the 14th Amendment in
the first trimester of pregnancy.
-States can place restrictions on second trimester and ban
abortions during third trimester.
Affirmative Action
Affirmative Action
a policy giving special consideration to groups that have
been disadvantaged historically.
Equality of results – equal rights are not enough, people
need to benefit. Affirmative action should be used
Equality of opportunities – reverse discrimination occurs
when race or gender is used for preferential treatment
Affirmative Action
California v. Bakke
1978 Supreme Court ruled numerical minority quotas are
not permissible but race could be considered in
admissions policy.
Court supports affirmative action but reluctant to support
quotas.
Court ruled affirmative action programs must be “narrowly
tailored” to achieve “compelling goal”.
Multiple Choice Practice
All of the following made it difficult for African Americans to
gain equality EXCEPT:
A. Blacks were in the minority population in the states with
the most discrimination
B. Lower-income whites were worried that gains by blacks
would be at their expense
C. Because blacks could not vote, they had little influence
in policy-making
D. Racism by whites blocked blacks’ efforts to gain equality
E. Until the early 1960’s, most citizens of the North did little
to help blacks in the South gain equality.
Multiple Choice Practice
In the 1960’s, Denver, Colorado, had several racially
distinct neighborhoods. Denver public schools developed
a neighborhood school plan in which students would
attend schools closest to home. On what grounds was this
plan challenged?
A. That is was de jure segregation
B. That is was de facto segregation
C. That the plan did not allow students the freedom to
travel to a school of choice
D. That the plan would not allow black students to attend
schools with whites
E. There was no valid legal basis for challenging this plan
Multiple Choice Practice
After many delays, all of the following events enabled the
passage of the Civil Rights Act of 1964 EXCEPT:
A. Public opinion was changing, and more whites
supported civil rights
B. The media, making the public aware of the
discrimination faced by blacks, showed violence by
white segregationists
C. President Kennedy, who was a proponent of civil rights
was assassinated
D. Most southern whites favored desegregation once
public schools became integrated
E. The government was united, with Democrats controlling
the presidency, House and Senate
Multiple Choice Practice
What was the Court’s decision in Roe v. Wade (1971)?
A. A woman has unrestricted right to abortion throughout
her pregnancy
B. States may restrict abortions throughout pregnancy to
protect woman’s health
C. States may prohibit abortion during second and third
trimesters
D. The right to an abortion is unlimited during the first
trimester, but states may regulate abortions to protect
woman’s health in second trimester
E. Abortion is outlawed, except cases of rape or incest, or
where the woman’s health would be seriously
compromised
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