UNIT 2 – CIVIL RIGHTS
A. Dred Scott Case- 1857- said taking them into a territory did not make them free because
they were property and could be taken into any territory. Also said that even if they were free.
They were not citizens and not protected by the constitution and were not equal.
B. Ku Klux Klan- founded in 1860’s. White Supremacy is their goal. To intimidate blacks into
not exercising their rights by intimidating or violence.
C. 13, 14, 15 Amendments
1. 13th Amendment: Freed Slaves- Abolished Slavery
2. 14th Amendment: Equal Protection Clause Due process.
A. Granted blacks citizenship
B. No state shall deny a person “equal protection” of the laws
C. No state shall deny a person “ Due Process”
D. Congress given authority to pass additional laws to enforce 14th Amendment.
E. State/public discrimination
3. 15th Amendment. – Right to vote.
D. Sharecropping – Work a white landowners land. Farmed to pay part of the rent and also to
pay off credit. White man kept you in debt. And passed a law that said you could not leave
the County with a debt.
E. Plessy v. Ferguson- Segregation- Laws were passed making separate facilities. Plessy v.
Ferguson. - 1896 “separate but equal rule” You could have separate facilities if they were
equal in quality.
F. Separate but equal- ” You could have separate facilities if they were equal in quality.
G. NAACP - use litigation to bring about social and employment equality.
H. Brown v Bd. of Ed (1954) 9-0 ends separate but equal.
I. Martin Luther King- said Use civil Disobedience. –
 Assassinated in 1968.
J. Malcolm X- Stressed
 Black Pride
 Self Defense
 Black Power
 Also taking it to the United Nations.
 Assassinated in 65.
K. Voting Rights Acts- Federal Crime to deny anyone access to vote.
L. Kerner Commission- Race Riots – B J Set up Kerner Commission to see what the riots
were all about. They made three important findings
1. 1968-9 America was still two separate societies. White societies with the best
facilities and neighborhoods. And Black Society with the worst facilities and
Neighborhoods.
2. Major cause of the race riots was the continuing discrimination and white racism
3. Unless the Federal Government stepped in with more help and federal aid, race
riots would continue.
M. Bakke Case- dealt with affirmative action. Giving preferential treatment to minorities in
education and jobs. Bakke was a white man who wanted to get into a medical school in
California. Sixteen of the hundred openings available were set aside for nonwhites. Lost out
on the eighty-four slots available. Found out that he was more qualified than other non-
whites. Court ruled. Affirmative action is constitutional only if used properly. “If you
engaged in past discrimination, then you must come up with an affirmative action program
that can include a quota.” “If you have not engaged in it in the past then its voluntarily
allowed but no quota allowed.”
Jesse Jackson- Ran for president and was the first serious black candidate. Democratic part
gaining most of his votes from whites and Hispanics.
2.
Trace the political experience of blacks in America from 1619 to the present, discussing
important political and historical experiences affecting their political status.
6 ERAS OF BLACK POLITICAL EXPERIENCE
I.
GENERAL EQUALITY-(1619-1660)
A. Indentured Servants for five to seven years. You had certain rights available to you.
The majority of indentured servants were white.
II.
Slavery (1660-1865)
A. Supply of I. S. ran out.
B. Tried to enslave the Indians but they fought it.
C. Then moved to African slavery started in Middle East, Spain
D. Justification- Religious, we were Christianize. Then moved to racial inferiority.
“SLAVERY IS THE NATURAL AND BENEFICIAL STATE OF AN INNATELY
SAVAGE PEOPLE. IT ELEVATES HIM FROM THE DEPTHS OF BARBARISM
AND
BRUTALISM TO A DEGREE OF CIVILIZATION AND USEFULNESS AND
HAPPPINESS, WHICH HE COULD NEVER REACH UNDER ANY OTHER
CONDITION.”
E.
Supposedly Scientific studies proved that innate inferiority of the black race as
compared to the white race: White brain size 92 cu. In. and Black brain size 65 cu.
In.
F. Dred Scott Case- 1857- said taking them into a territory did not make them free
because they were property and could be taken into any territory. Also said that even
if they were free. They were not citizens and not protected by the constitution and
were not equal.
G. Slavery- is depicted as being well treated and satisfied with being slaves.
III Reconstruction (1865-76)
 Congress Passed 13th, 14th, and 15th Amendments. Black citizenship, the right to vote.
1875 CIVIL RIGHTS ACT
ALL PUBLIC ACCOMMODATIONS… HOTELS, RESTAURANTS, ETC… MUST
BE OPEN TO ALL, - ILLEGAL TO REFUSE TO SERVE SOMONE BECAUSE OF
RACE & COLOR.
PRIVATE DISCRIMINATION
A. Federal troops were kept in the south until 1876.
B. KKK founded in 1860’s
IV Reaction & Retreat (1876-1910)
6 Types of Discrimination
A. Political Discrimination-Even though guaranteed the right to vote they lost their
votes.
Methods
1. Literacy Test
2. Double Standard
3. Grandfather clause- you were exempt from the literacy test if you had a
grandfather whom could have voted in the presidential election of 1860.
4. Poll Tax. Was an annual tax?
5. White Primary- Sate law in Texas who said only white people could vote in the
democratic primary.
6. Character Test- Your moral character might be challenged.
B. Economic
1. Sharecropping- allowed working a white person’s land on credit in exchange for a
percentage of your crop. Then pay credit out of crops.
2. State Laws- said that you could not leave the state while you had a debt.
Also state laws closed occupations to blacks.
C. Social
1. Segregation- Laws were passed making separate facilities. Plessy v. Ferguson. 1896 “separate but equal rule” You could have separate facilities if they were
equal in quality.
D. Educational- Inferior schools. Schools were never of the same quality.
E. Psychological- Stereotyping and Scientific Racism
1. Stereotyping- you generalizing a whole group with negative characteristics.
Black stereotype became criminals pimps maids uneducated lazy lacking in
ambition shiftless amoral.
2. Scientific racism- Scientists was doing studies proving blacks were inferior.
F. Physical Discrimination People were hung murdered killed beaten mutilated. Lynch mobs.
 No white nurses given to black patients.
 Black students and now White teachers
 S.C. Mill-workers had to look out different windows.
V. Fight for Legal Equality. (1910-65)
N. NAACP- use litigation Brown v Bd. of Ed (1954) 9-0 ends separate but equal.
O. Martin Luther King said- Use civil Disobedience. - Assassinated in 1968.
P. Malcolm X- Stressed Black Pride Self Defense, and Black Power. Also taking it to the
United Nations. Assassinated in 65.
Q. B. Johnson- passed five Civil rights laws.
1. Voting rights reconfirmed.
2. Equal pay for equal work.
3. Outlawed job discrimination.
4. No segregation in public facilities
5. Housing and rental – illegal to sell and rent on basis of race.
R. Race Riots – B J Set up Kerner Commission to see what the riots were all about. They
made three important findings
 1968-9 America was still two separate societies. White societies with the best
facilities and neighborhoods. And Black society with the worst facilities and
Neighborhoods.
 Major cause of the race riots was the continuing discrimination and white racism
 Unless the Federal Government stepped in with more help and federal aid, race
riots would continue.
VI Fight for Economic and Social Equality 1965- present. Prejudice
A. Job and pay discrimination.
B. Social discrimination
C. Bakke case decisions – Dealt with affirmative action. Giving preferential treatment
to minorities in education and jobs. Bakke was a white man who wanted to get into a
medical school in California. Sixteen of the hundred openings available were set
aside for nonwhites. Lost out on the eighty-four slots available. Found out that he was
more qualified than other non-whites. Court ruled. Affirmative action is constitutional
only if used properly. “If you engaged in past discrimination, then you must come up
with an affirmative action program that can include a quota.” “If you have not
engaged in it in the past then its voluntarily allowed but no quota allowed.”
*How long is it necessary. ?
Pros
Make up for past discrimination.
History of repeated discrimination.
May make us eligible for Federal funding
Cons
Decreases quality of employees (omitting the most qualified employees.
Reverse Discrimination
Seen Myths
One.
Two.
Three.
Four.
“Dark Continent” Myth – Africa was uncivilized and without culture
“Arrival-As-Slaves” Myth – Indentured servants existed first.
“Reconstruction” Myth
“Immigrant Analogy” Myth
Didn’t face the degree of racism and segregation the others do.
“IT IS RIDICULOUS FOR BLACKS TODAY TO BE HOLLERING ABOUT INEQUALITY
WITH ALL OF THE SUPREME COURT DECISIONS AND THE CIVIL RIGHTS BILLS
PASSED BY CONGRESS, BLACKS HAVE MADE MORE PROGRESS IN THE LAST 20
YEARS THAN THEY HAD IN THE PREVIOUS 200. IF MY IMMIGRANT FOREFATHERS
MADIT IN AMERICAN SOCIETY THROUGH HARD WORK PULLING THEMSELVES UP
BY THEIR OWN BOOTSTRAPS SO CAN BLACKS. BLACKS CAN MAKE IT IN OUR
SOCIETY ON THEIR OWN JUST AS WE DID- JUST LOOT AT WILT CHAMBERLAIN,
JAMES BORWN, ADIANA ROSS, AND THURGOOD MARSHALL, TO NAME A FEW.”
Five. “Myth of integration Myth
Brown vs. Board of Education- didn’t end segregation.
De Jure – Segregation by law
De facto – economics, custom and traditional segregation.
Six
“Equality has arrived” Myth
Equality exist on paper but studies and reality of the treatment of individuals
show that we are not treated equally
Seven “No Black Contributions”
3.
Discuss the various methods used to deny blacks the right to vote.
4.
Discuss the immigrant analogy, its validity, and the implications if it is believed.
5.
Discuss the seven Myths Commonly held about the black political experience.
6.
Discuss the messages of the movie “Black History: Lost, Stolen or Strayed.”
Part B Hispanics
Issue: What has caused the illegal alien problem?
2.
3.
4.
5.
Trace the political experience of the three main Hispanic groups in America, discussing
important political and historical experiences affecting their status.
Discuss the importance of the proximity of Mexico to Mexican American assimilation.
Discuss the issues, problems, and solutions raised by the problem of illegal aliens and
The Immigration Reform and Control Act of 1986.
Discuss the poverty cycle, the issues involved, the U. S. Supreme Court’s Rodriguez
Decision, and the recent Texas Supreme Court Decision.
Puerto Ricans (See handout)
Cubans (See Handout)
Mexican Americans (See Handout)
Treaty of Guadalupe Hidalgo
1. Mexico recognized Texas as part of the U.S.
2. Mexico “Sold” New Mexico, Arizona, and California to the U.S.
3. Mexicans living in Texas sand the southwest had two choices:
a. Could become American Citizens
b. Could return to Mexico
4. All Mexican or Spanish land grants would be considered valid and respected.
 1910-20 bloody Mx Revolution caused immigration



1920’s we recruited Mx Workers
Great Depression “Operation Wetback” illegally deported half a million Hispanics.
1946-65- bracero program – 20 years we agreed with u.s. and Mexico. Mexico sent a certain number of workers
with the understanding that they would have the jobs, money, and sometimes medical. But when the jobs were
over they had to return home. Unions ended it and then illegal aliens continued to work for small wages.
Hispanic organizations & Leaders.
LULAC 1925
 NAACP of Hispanics. Stressed Litigation, and assimilation,
Cesar Chavez 1960’s-90’s
 Felt that it ignored the migrant workers. Tried to unionize migrant farm workers. Were asking simple
humane working environments. Portable Restrooms, Not being sprayed with Pesticides. Weren’t
allowed to vote. Successful in California, but not in Texas.
Raza Unida Party
 Founded in 71 in south Texas. Felt the Democratic party took the hispanic vote for granted. Formed
their own political party so that other hispanics had a choice.
 Siphoned enough votes off of the Democratic vote that it made Democrats begin to lose hispanic votes
and lose power. Became more
Hispanic Stereo Type
 Uneducated and unwilling to assimilate.
 Assumed to be Illegal Aliens.
Important Court Cases
 Cisneros case- For purposes of integration you cannot count hispanics as whites you need to have three
groups
 Rodriguez Case “Poverty Cycle” Theory.
 Kids were going to poor school> funded by property tax> Less revinue produced> Schools inferior>
Those Lesser educated get poor paying jobs> and thus move into a poor school.>
 Was voted down in us supreme court by a 7-2 vote.
 Was fought in Texas Supreme Court in 89 9-0 vote said financing with property tax. Was
unconstitutional. Forced to equalize funding.
Part C Other Racial Minorities
Issues: Should compensation be paid for past injustices?
1. Discuss the problems, experiences and discrimination of American Indians and their
situation today
- U. S. government policy towards the American Indian could be described as excessive
and violent, possibly even genocidal in tendencies.
- The American Indians tried to prove that they could excel in European manner. They
learned to read and write and developed alphabets. They drafted a constitution and
owned property and built and owned farms and plantations. They’ve
- Even the civilized tribes were lied to and destroyed or driven out of their lands. They
were never given respect or rights
- American Indians have been stereotyped as Bad guys and bloodthirsty savages. Lazy
- In 1924 they became citizens until then they were foreigners. Now there are 2.4 million.
- Poetic Justice that now they own Major Moneymaking Casino’s They are trying to get
their lands back they are being compensated
- Monetarily and own a large portion of the future’s American energy sources.
2. Discuss the problems, experiences, and discrimination of Asian Americans and their situation
today.
A. Asian culture was not the same culture
B. Were not he same religion
C. Was not the same race?
D. In 1882 government forbade any new Chinese immigration
E. Japanese came into the West Coast as family units. They succeeded well
economically. Prosperous farmers and business people. Congress in 1924 forbade any
more Japanese from coming in.
California
a. Segregation
b. Passes laws that said no one born in Japan could own or lease land in California.
ASIAN STEREOTYPES
The Inscrutable Asian Mind.
 Different workings of the Asian mind.
 We resented them because of their economic success.
 They were portrayed as drug dealers (opium) and disloyal.

Were held in ten camps in interior deserts of the United States of America. All west
of Texas and East of California. Worst one, no one born in Japan could become a
citizen of the United States.
Part D Women
Issue: Is the ERA Needed?
Reed v Reed 1st time applied equal protection 14th amendments to women and sex
discrimination.
2.
Discuss the status, treatment, and discrimination of women during American
history and continuing sex discrimination women face today.
 Women couldn’t own land keep their wages vote couldn’t vote and didn’t
share custody of their children.
 Women were stereotyped as being weaker, dumber, and property of their
husbands. Were subservient to men “Ladies of leisure needed only a good
provider.”
 Sybil Luddington- was 16 years old in 1777 and rode 30 miles through
enemy territory to call out the militia. British were forced to retreat at the
oncoming troops.
 Deborah Sampson Gannett/Robert Shirtliff- 19years old Fought for two
years and was wounded twice then married a farmer and had two children.
She was never discovered until she fell ill and was taken to a physician.
 Abigail Adams- Tried to influence John Adams to include women and their
rights in the constitution
 Elizabeth Caddy Stanton*** 1848 called for the first Women’s Rights
Convention because wanted suffrage and other rights for women. Was
disinherited after her first lecture.
 Susan B. Anthony*** Joined forces and backed their beliefs with facts and
wrote about education, slaves, agriculture, and other important topics of their
day. She took her voice on the road and spoke wherever she could find an
audience. She cast an illegal vote in a presidential election. She was denied
the right to testify and denied the right to a jury by her peers. Died without
seeing women get the vote and firmly believed that revolt against tyranny was
obedience to God!
 Harriet Tubman was a black slave in 1849 and escaped plantation and ran
one hundred miles north. She believed in the right to liberty or death. Created
the Slave Underground Rail Road and freed seven hundred slaves. Reward for
her capture was $40,000 she was never caught and is called the Moses of
black slaves.
 Sojourner Truth- Evangelist who spoke for women’s rights and was
especially good at arguing points against ministers.
 Belva Lockwood- Lawyer who spoke for women’s rights. Won the right to
plead in court where married women had no rights. The law must be upheld.
Common law says she must obey her husband. “Not guilty!”
 Margaret Higgins Sanger- Saw her mother die from trying to give birth a
twelfth time. She opened a birth control clinic in 1916 and was jailed. After
being released she made it her personal crusade to get scientific facts to the
women who needed them most. Her clinics eventually became Planned
Parenthood. Went to jail and prison 9 times.
 “Mother” Mary Harris Jones- Her husband and four children died of yellow
fever in a corporation town. She organized workers against large corporations
and created unions. Was assaulted and shot at all her career and the last time
when she was eighty-one years old.
 Rosa Parks- refused to give up her seat to a white man in a bus in
Montgomery Alabama almost immediately afterwards a mass civil rights
movement took place.
3.
Discuss the ERA, its content and aim, and the pros and cons.
ERA- Equal rights amendment to be added to the constitution: Equality of rights under the law
shall not be denied or abridged by the united states or any state on the account of sex (gender)
 Arguments for
 Would protect all forms of sexual discrimination.
 More quickly get rid of continuous discrimination.
 Nothing to do with gay rights. (sexual orientation)
 Nothing to do with Abortion (right to privacy)
 Reed Vs Reed protected only through interpretation. Could lose rights under Reed
Vs Reed with another interpretation.
 Arguments against
 Bad idea because (Phyllis Schlafly) it might lead to gay marriages being
recognized.
 Might lead to unisex restrooms being required.
 Would lead to more divorces and family breakups.
 Women would have to be drafted if congress passed a new draft law.
 Against biblical teaching.
 Not needed since reed Vs reed was in effect
Title IX ed. Amendments of 72.
Opened up sports opportunities for women’s teams in sports and other things.
Has to do with equal funding for men’s and women’s sports.