CHAPTER
11
CIVIL RIGHTS IN AMERICA
CIVIL RIGHTS
Rights which include equal status and treatment and the right to
participate in government.
-
Regardless of race, creed, ethnicity, national origin, sex, age,
ability (disability) and other factors.
Legal Sources
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U.S. Constitution
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Federal Laws: Civil Rights Act of 1964 and Voting Rights Act of
1965
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Supreme Court Rulings: Brown v. Board of Education
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State and Municipal Laws
EQUAL PROTECTION
OF THE LAW
14th Amendment: “No State shall…deny to any person within its
jurisdiction the equal protection of the laws.”
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Equal Protection Clause: requires states to apply laws equally to
one person as another under the equal circumstances.
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Shift from restrictions on federal government to the states.
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The courts have used this clause to expand the meaning and the
reach of Civil Rights to many groups across the United States.
REASONABLE
DISTINCTION
The government (judicial review applied by
courts) is allowed to distinguish between
different groups and population if it is
reasonable and furthers government’s
interests.
1)
Rational Basis Test: treating groups
differently is valid under the rational basis
test if the law in question establishes
reasonable methods of accomplishing a
legitimate goal of government. (driver’s
license)
2)
Immediate Scrutiny Test: Higher standard
to determine if a law’s reason for treating
someone unequally is lawful. The
government must show an “important”
reason for treating others differently. (sexbased or speech [loud music ordinance])
3)
Strict Scrutiny Test: When 1) a
fundamental right is being restricted and
2) a classification is being made based on
race or national origin. Government must
show a “compelling” reason that is in the
public interest for the group classification.
(affirmative action programs/Japanese
Internment)
HISTORY AND LEGAL PROTECTION
OF DISCRIMINATION
Pre-Civil War:
-
Dred Scott v. Sandford (1857): “But it is too clear for dispute, that the
enslaved African race were not intended to be included, and formed
no part of the people who framed and adopted this declaration.”Roger Taney, Chief Justice of the Supreme Court
- Basically, either free or slave, African Americans were not citizens.
Post-Civil War:
-
13th, 14th, and 15th Amendment (grants African-American men the right to
vote)
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Reconstruction [period or era]: refers to the period and efforts after
the U.S. Civil War (1865-1877) made by the federal government to
restructure the political, legal, and economic systems in the southern
states that had seceded from the Union.
-
This Republican “radical” movement was met with a harsh
reactionary movement that would be directed at the African-American
population once the federal government gave full-powers back to the
Southern states.
Extremists groups like the Klu Klux
Klan used violence and terrorism to to
keep African-Americans from pursuing
civil rights.
Media and literature was created in
order to distort the image of and
stigmatize African-Americans.
Jim Crow Laws were passed (primarily
by state and municipal legislatures) to
separate populations by racial groups.
- Segregation was supported by the
Supreme Court.
- 1) 14th Amendment did not protect
against discrimination by private
individuals.
- 2) Plessy v. Ferguson (1893):
separate but equal doctrine.
REVERSING JIM
CROW
1909- NAACP was established. National Association for the
Advancement of Colored People.
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Gaines v. Canada (1938): states must provide equal educational
facilities for African-Americans or admit them to white schools
(University of Missouri Law School).
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Brown v. Board of Education Topeka, KS (1954): overturned
Plessy and found “separate educational facilities are inherently
unequal.” This precedent could then be applied to all areas of
social and political discrimination.
Desegregation: the elimination of laws, customs, or practices under
which people from different religions, ancestries, ethnic groups,
races and other groups are restricted to specific or separate public
facilities, neighborhoods, schools, organizations, or the like.
-
Affirmative Action: a policy that requires employers and
institutions to provide opportunities for members of certain
historically underrepresented groups.
CIVIL RIGHTS ARE NOT GUARANTEED,
THEY ARE WON: CIVIL RIGHTS
MOVEMENT
Brown v. Board acted as a means to overturn the system, but the case
only applied to education. => Civil Rights Movement
Tools:
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Civil disobedience: nonviolent refusals to obey the law.
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Race riots: For example, the Watts Riot (Rebellion) drew national and
international attention to the local discrimination which existed in Los
Angeles.
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Media: For example, Bloody Sunday (Selma) was nationally televised
and helped change public opinion
=> Led to public policy changes.
CHANGES TO LAW
24th Amendment (1964): Banned the use of poll taxes in federal
elections.
Civil Rights Act of 1964: Banned discrimination based on race, color,
national orientation, or sex in voting, employment, and public
accommodations.
Voting Rights Act of 1965: Banned tests in voting (literacy tests).
Civil Rights Act of 1968: Banned discrimination in sale, rental, and
financing of housing.
WOMEN’S RIGHTS
Equal Pay Act of 1963: required employers to offer equal pay
to men and women doing the same work.
HISPANICS- CESAR
CHAVEZ
PEOPLE WITH
DISABILITIES
ADA (Americans with Disabilities
Act) 1990: prohibits discrimination
against people with disabilities, and
required accessibility in public
buildings and transportation.
HOMOSEXUALS AND
LGBT COMMUNITYHARVEY MILK