The 1960s were marked by John F. Kennedy’s New Frontier and Lyndon B. Johnson’s Great Society 1960: Kennedy (JFK) and Johnson (LBJ) are the leading Democratic Party candidates for President Kennedy (JFK): 43-year-old senator from Massachusetts Roman Catholic Very wealthy family World War II Navy hero Kennedy: the nation was adrift; promised to get America moving again Johnson (LBJ): Senator from Texas Majority Leader of the U. S. Senate—the most powerful Majority Leader in over 100 years Kennedy narrowly wins the Democratic nomination at the convention; selects Johnson as V. P. candidate to help win the South Republicans nominate VicePresident Richard M. Nixon of California Kennedy’s Catholic religion: early campaign issue Kennedy overcame by reassuring a meeting of Protestant ministers in Houston, TX “I will make my decisions. . .in the national interest, and without regard to outside religious pressure. . .” The first election of the television age. September 26, 1960—first televised presidential debate in history Kennedy won the image battle—looked more “presidential” A second major event in the campaign: Dr. Martin Luther King arrested in Atlanta, GA, sentenced to 4-months in jail. Eisenhower administration does not get involved Kennedy’s brother & campaign manager, Robert Kennedy, arranges for King to be released on bail. Many African-Americans support Kennedy Kennedy/Johnson defeat Nixon and Henry Cabot Lodge, Jr. Kennedy inaugurated Jan. 20, 1961. Challenges Americans: “Ask not what your country can do for you; ask what you can do for your country.” Kennedy selects a cabinet of “the best and brightest.” Dean Rusk as Secretary of State Ford Motor Co. president Robert McNamara, as Secretary of Defense Kennedy selects a cabinet of “the best and brightest.” Brother, Robert Kennedy, as Attorney General Foreign policy: Truman’s “containment,” and Eisenhower’s “massive retaliation,” is followed by Kennedy’s “flexible response.” Camelot Kennedy brought new energy to the office of the President Did things with vigor and energized the American people 50-mile hikes Touch football Glamorous wife Jacqueline Bouvier “Jackie” Kennedy brought grace and glamour as First Lady Televised White House tour Camelot First president to widely use the television to promote his agenda Regular press conferences showcased the “Kennedy wit” Stories of his young, beautiful family intrigued Americans Kennedy’s Social Programs The New Frontier—legislative agenda to “be pioneers” and explore “uncharted areas of science and space. . .unconquered pockets of ignorance and prejudice, unanswered questions of poverty and surplus.” Congressional coalition of Republicans and Southern Democrats does not support Kennedy’s domestic reforms Kennedy’s Social Programs To get America moving again, used deficit spending—spending more than the government takes in (by taxes and tariffs) Lowered taxes giving people more money to invest and spend Increased minimum wage to $1.25 Increased defense spending for more nuclear missiles, nuclear submarines, and a larger force Kennedy’s foreign policy included extending helping hands to neighbors Created the Peace Corps, led by R. Sargent Schriver (Maria’s father and Kennedy’s brother-in-law) The Alliance for Progress offered economic and technical assistance to help Latin American countries improve their living standards Camelot ends November 22, 1963 President & Mrs. Kennedy travel to Dallas, TX for political speeches Around 1:00 p.m., Kennedy and Texas Governor John Connally are shot. Connally survives, but Kennedy dies Johnson is sworn in as the nation’s 36th President aboard Air Force 1 The nation, and the free world, are in shock All commercial TV stops for three days Former U. S. Marine, Lee Harvey Oswald, with ties to the Soviet Union, is arrested for the murder of Kennedy and Dallas policeman J. D. Tibbets. Sunday, November 24, 1963: Lee Harvey Oswald is shot dead by Jack Ruby, a Dallas nightclub owner, in the basement of the Dallas Police Department, live on national television. Ruby is later convicted of murder— dies in jail. Was there a conspiracy? Monday, November 25, 1963, JFK’s funeral is attended by the world’s leaders and watched on National television Later, Johnson appoints the Warren Commission to investigate the assassination. “Don’t let it be forgot That once there was a spot For one great, shining moment That was known as Camelot.” Lyrics by Frederick Lowe Music by Alan J. Lerner Camelot Lyndon B. Johnson (LBJ) very powerful politician “What ever Lyndon really wants he gets in the end.” Protégé of Speaker of the House Sam Rayburn of Texas. Elected to Congress 1937— energetic legislator; caught the eye of President Roosevelt Brought many Federal projects to his district Elected to the Senate from Texas 1948 Democrats elect him Majority Leader of the Senate in 1955 Famous for political arm-twisting technique known as the “Johnson treatment” At 6’3”, the quintessential “Tall Texan” Spoke with pronounced Texas drawl Married to Claudia Taylor “Lady Bird” Johnson As a Southerner, in a time of Southern hostility to civil rights, Johnson emerged as a champion of civil rights. Through LBJ’s leadership as president, he pushed through Congress: The Civil Rights Act of 1964 A Federal tax cut of $11 billion in 1964 Initiated the War on Poverty with the Economic Opportunity Act of 1964: Head Start, VISTA, and the Job Corps 1964, Johnson defeats Republican Senator Barry M. Goldwater (AuH20) of Arizona in a landslide 61% of popular vote; 90% of electoral votes An ultra-conservative, Goldwater felt that the Government should not promote programs to overcome poverty and racial discrimination May 1964, at the University of Michigan, Johnson initiates the phrase The Great Society: “The Great Society demands an end to poverty and racial injustice.” Secondary Education Act of 1965: over $1 billion to help America’s schools The Great Society 1965: Congress passed legislation enhancing Social Security with Medicare (hospital insurance and low cost medical insurance for Americans over 65) and Medicaid (health insurance for welfare recipients) Passed the Twenty-fourth Amendment in 1964, ending poll taxes in federal elections Passed the Voting Rights Act of 1965— eliminated literacy tests for voting The Great Society aided by the Warren Court Chief Justice Earl Warren (former governor of California) Banned prayer in public schools (Engel v. Vitale (1962)) Declared staterequired loyalty oaths unconstitutional No president in the post-World War II era extended the power and reach of the federal government more than Lyndon B. Johnson. Poverty fell from 25% in 1962 to 11% in 1973 The Great Society did increase the federal budget deficit and led to more conservative Republicans Student Nonviolent Coordinating Committee Lunch counter sit-ins in Greensboro, NC, Feb. 1960 Founded by Ella Barker as a student adjunct of the Southern Christian Leadership Conf. Kept spirit of resistance alive 1961—Freedom Riders take bus caravan from Washington, D. C. to the South Anniston, Alabama, one bus is firebombed Other freedom riders are attacked by a white mob and beaten—police refuse to intervene President John F. Kennedy, aided by Attorney General Robert F. Kennedy, sends 400 U. S. marshals to protect the riders Robert Kennedy also issues an order banning segregation in all interstate travel facilities. September 1962, Air Force veteran James Meredith wins federal court case allowing him to enroll at allwhite University of Mississippi Mississippi Governor Ross Barnett, blocks entry President Kennedy orders federal marshals to escort Meredith to registrar’s office. Sep. 30—campus Riots— 5,000 troops needed. June 11, 1963—Alabama Governor George Wallace copies Barnett at the University of Alabama. Kennedy, again, uses federal troops Kennedy addresses nation that evening: “Are we to say to the world—and much more importantly, to each other—that this is the land of the free, except for Negroes?” Then demands that Congress pass a sweeping civil rights bill. In Jackson, MS, shortly after midnight, June 12, 1963, a sniper shot and killed NAACP field secretary Medgar Evers White supremacist Byron de la Beckwith arrested; released after “hung juries” in two trials. Finally convicted 1994 August 28, 1963, more than 250,000 people, including about 75,000 whites, march on Washington. Rally at the Lincoln Memorial For three hours, several speakers demand immediate passage of the Civil Rights Bill Final speaker is Dr. Martin Luther King, who gives his now famous “I have a dream” speech. On July 2, 1964, based on the leadership of President Johnson, who was the only politician in the U. S. who could have persuaded enough Southern Members of Congress to vote “Aye!,” Congress passed the Civil Rights Act of 1964 Black Power Movement Stokely Carmichael member of SNCC first called for “Black Power” instilling of racial pride in AfricanAmericans Black Panthers (Oakland, CA) Black Panthers (Oakland, CA) Eldridge Cleaver Bobby Seale Huey P. Newton Semi-military lines; wore weapons openly and proudly—willing to fight for justice Black Muslims (Nation of Islam) Taught Blacks to take responsibility for their own lives, to be disciplined to live by strict codes of behavior and to reject any dependence on Whites Excellent oratory skills; insisted that blacks had the right to defend themselves, violently if necessary Elijah Muhammad Malcolm X (Little) The worst days of the Nuclear Age: The Cuban Missile Crisis October 1962 Cuba is 90 miles from Florida. Fidel Castro becomes Communist dictator of Cuba in 1959. Expels many nonCommunists to the U. S. After Kennedy becomes President on January 20, 1961. He becomes aware of a plan by Cuban refugees in the U.S. to invade Cuba and oust Castro. •April 17, 1961, Bay of Pigs invasion. •Cuban army defeats invasion. •Castro fears U. S.-led overthrow. Castro appeals to Soviet leader Nikita Khrushchev for help. Khrushchev has told the U. S.: “We will bury you!” The Soviet military is concerned that they are trailing the United States in the nuclear arms race. October 14, 1962, U. S. reconnaissance aircraft. . . . . . sight Soviet ballistic missiles in Cuba. Kennedy places all U. S. military forces on full alert and. . . orders a naval blockade of Cuba. The world is at the brink of nuclear war. Kennedy inner circle works feverishly to devise options to deal with the crisis. Brother Robert emerges as key advisor. U. N. ambassador Adlai E. Stevenson “I’m prepared to wait until hell freezes over” exchange with Soviet delegate Zorin Oct 22, 1962: Kennedy addresses the American people: any missile attack from Cuba on the U. S. or its allies would trigger an all-out attack by the U. S. on the Soviet Union. “We have no wish to war with the Soviet Union, for we are a peaceful people who desire to live in peace with all other peoples. . .The cost of freedom is always high, but Americans have always paid it. And one path we will never choose, and that is the path of surrender, or submission.” Finally, Khrushchev orders the missiles removed. 1961, Khrushchev realizes that the Soviet System is in difficulty in Berlin, Germany In 11 years since the Berlin Airlift, 3 million East Berliners had fled to West Berlin Showed weakness of Communist government and seriously weakened economy August 13, 1961, East German troops begin construction of the Berlin Wall The Berlin Wall Worsened the Cold War tensions On June 26, 1963, Kennedy visits Berlin and makes his now famous “Ich bin ein Berliner” speech at the Berlin Wall. 1963-1973 U. S. prestige and respect severely undercut Reduced ability to protect ourselves and our allies American people torn U. S. failed to win political objectives Vietnam a colonial possession of France for many years. World War II: Japanese expel French Vietminh proclaim independence 1946: French return; control southern half of Vietnam; Vietminh control northern half U. S. (President Truman) sends economic aid to the French Vietminh oppose French in south as guerillas Military field commander: Vo Nguyen Giap Battle of Dien Bien Phu in 1954—French expelled The Geneva Accords divided Vietnam along the 17th Parallel Decided by France, Great Britain, the U. S., China, the USSR, Laos, Cambodia, the Vietminh, & South Vietnam’s anti-Communists North Vietnam: Ho Chi Minh Communist Capital: Hanoi South Vietnam: Ngo Dinh Diem Ngo Ninh Nhu Catholic in Buddhist Country; backed by USA Capital: Saigon The U. S. supports the South Vietnamese government with economic aid. 1950: Truman supported the French: $15 million Eisenhower & Kennedy provide economic aid and military advisers. Eisenhower’s Advisors promote Domino Theory 1960: John F. Kennedy elected President of the United States; agrees with Domino Theory Kennedy sends 3,000 military advisors Vietminh become the National Liberation Front, also known as the Vietcong. 1958—Ho regime funds the Vietcong to start a War of National Liberation against the Diem Regime in the south. Insurgency fought by guerillas Arms/supplies smuggled from N to S via Ho Chi Minh Trail Diem regime has much opposition Catholic minority leading Buddhist majority Buddhist opposition— 1962-63 monks burn selves to death. Diem regime in many ways worse than Viet Cong. Revolution summer 1963—Diem and Nhu executed. Kennedy supported the revolt; did not want Diem executed Diem followed by a series of corrupt leaders November 22, 1963, Kennedy is assassinated; V.P. Lyndon B. Johnson becomes President Johnson’s focus was a better life for Blacks and poor Americans. Wanted nothing to do with Vietnam. Summer 1964, two U. S. destroyers conducting electronic eavesdropping are allegedly attacked by North Vietnamese gunboats in the Gulf of Tonkin. At Johnson’s urging, Congress passes the Gulf of Tonkin Resolution on 7 August 1964—U. S. becomes actively involved in Vietnam War. Feb 1965— Johnson unleashes Operation Rolling Thunder: sustained bombing of North Vietnam Secret bombing plan he had had on the “drawing board” for months— waiting for right opportunity to launch A different type of war Vietcong—farmers in day; guerillas at night Who is the enemy? Very patient people willing to accept many casualties U.S. grossly underestimated the Vietnamese people, their resolve, and their resourcefulness A different type of war Jungle fighting—U.S. trained for European war New jungle-friendly weapons—M-16 rifle Defoliants Agent Orange Napalm Special Massive bombing of North Forces American atrocities: My Lai (March 16, 1968) First U. S. commander: William C. Westmoreland Search and destroy missions Strategic hamlets Ia Drang Valley Campaign—1965 (We Were Soldiers) 1965: 50,000 Americans 1967: 500,000 Americans American Morale Begins To Dip Disproportionate representation of poor people and minorities Several racial problems Major drug problem (Fire Base Maryann) Many soldiers affected by news of anti-war protests and actions of activist celebrities such as Jane Fonda (Hanoi Jane) American Morale Begins To Dip Officers: in the “bush” 6 months; in the “rear” 6 months. Enlisted: 12 months in the “bush” If you served and survived, you went home—no incentive to fight hard Often resulted in “fragging” U. S. moderately successful 19641967—televised “body counts” always favored the U. S. Key event: Tet Offensive Jan-March 1968 Nightly news in U.S. Important U.S. military victory but huge political defeat Many student protests in U. S. March 1968, Johnson announces will not run for re-election With J. William Fulbright 1968 M. L. King assassination Bobby Kennedy assassination Democratic National Convention Yippies riot in the streets of Chicago Democratic National Convention With Bobby Kennedy dead, the Democrats must choose between Eugene McCarthy, George McGovern and Vice President Hubert Humphrey. The Convention chooses Humphrey November 1968, Richard M. Nixon defeats Humphrey —says will seek peace with honor •Increases bombing of North •Invades Cambodia •New wave of student protests Nixon appoints General Creighton Abrams as the commander of U. S. forces in Vietnam Tactics better; morale rises; U. S. becomes more successful once again. May 4, 1970—4 students shot dead, 9 wounded at Kent State U. (Ohio) Congress and the American people begin to turn against war U.S. enters into Paris Peace Accords Lead U. S. negotiator: Dr. Henry A. Kissinger—later would serve as Secretary of State U. S. and North Vietnam argue for 5 months over shape of table 1973—U.S. and North Vietnam sign peace treaty Dr. Kissinger and North Vietnamese negotiator: Le Duc Tho U. S. pulls out of Vietnam in 1973 April 1975: North Vietnamese conquer South Vietnam and unite both Vietnams under a Communist government U.S.: 57,000 killed; 154,000 wounded Longest war in U. S. history “If we have to fight, we will fight. You will kill ten of our men and we will kill one of yours, and in the end it will be you who tires of it.” Ho Chi Minh Lyndon B. Johnson Political career undone by Vietnam; withdraws from presidential race March 31, 1968 1968 January 31: Tet Offensive begins Feb: Eugene McCarthy defeats Johnson in New Hampshire Democratic primary March 31: Johnson withdraws from the race April 4: Martin Luther King assassinated Major riots in U. S. cities June 6: Bobby Kennedy assassinated August: Democratic national convention November: Nixon elected president The Silent Majority Vice President Spiro T. Agnew with President Nixon Students for a Democratic Society The Weather Underground Univ. of Michigan Disillusionment with society Determination to build new politics Student radicalism U. C. Berkeley and the Free Speech Movement Rights of students to engage in political activism on campus Led by Mario Savio U. C. Berkeley and the Free Speech Movement Nation-wide attention ¾ of students strike U. C. Berkeley and the Free Speech Movement 1969: People’s Park The Anti-War Movement Burning draft card Peace marches and teach-ins The Anti-War Movement Jimmy Carter and amnesty to draft-dodgers angered many Americans and served to draw the nation further apart The Counterculture “Hippies” shared some beliefs of the New Left Belief that U. S. society had grown hallow because of materialism, technology, & war Key leader of Counterculture: Dr. Timothy Leary “Tune in, Turn on, Drop Out” The Counterculture The capital of the counterculture: San Francisco’s Haight-Ashbury District The Summer of Love (1967) The Counterculture Major drug problem in 1969-1970 1970, musicians Janis Joplin and Jimi Hendrix died of drug overdoses Most important pop artist of the counterculture: Andy Warhol Colorful silkscreens Key Event of Counterculture Period: Rock Concert at Woodstock, NY, in August 1969 Native Americans As a group, Native Americans have been the poorest of Americans and have suffered from the highest unemployment rate More likely than any other group to suffer serious health problems such as alcoholism or tuberculosis 1960s-1970s, Native Americans wanted greater opportunity to control and govern their lives 1961: Declaration of Indian Purpose 67 tribes President Johnson established the National Council on Indian Opportunity But, progress of reform slow 1968: American Indian Movement (AIM) established Militant Native American Rights Movement November 1969: seized vacant Alcatraz Island in San Francisco Bay Most violent demonstration: 200 Sioux at Wounded Knee, SD 1973 Site of Native American massacre by U. S. Cavalry in 1890 Sioux seized town; took 11 hostages Negotiations with FBI for 10 weeks Ended in shootout: 1 Native American killed; 1 wounded The 1960s was a time of great change in all aspects of American society Latinos 1960s—U.S. Latino population: 3 million to >9 million Puerto Ricans 1 million since 1960 600,000 in New York City 1959-1980s: hundreds of thousands of Cubans fled Castro’s Communist Cuba Many settled in Florida Miami: a boom town Mariel Boat Lift of 1980 Many other immigrants from El Salvador, Guatemala, Nicaragua and Colombia Largest group of Latino immigrants from Mexico Largest immigration has been since World War II 1960s: many Latinos encountered ethnic prejudice and discrimination in jobs and housing Most lived in segregated barrios Jobless rate nearly 50% higher than whites Percentage of Latino people living in poverty: 50% higher than whites As Latino population in the U.S. grew, so did their cries for greater representation & better treatment The Farm Worker Movement Long work days, difficult labor, very low wages, no union, disgusting housing Cesar Chavez. . . . . .believed that the only way to improve conditions for farm workers was to unionize them 1962, Chavez and Dolores Huerta . . . establish the National Farm Workers Association 1965: California grape growers refuse to recognize the union Chavez launched a nationwide boycott of the companies’ grapes Promoted change through peaceful protests (Huelga) •Mar.-Apr. 1966—march from Delano to Sacramento •Feb.-Mar. 1968—25 day fast. •Bobby Kennedy: “one of the heroic figures of our time.” 1970: the grape growers sign contracts with the United Farm Workers Organizing Committee Guaranteed higher wages and more benefits to farm workers in California’s Central Valley “The boycott of grapes was the most near-perfect of nonviolent struggles.” The Brown Power Movement The work of Chavez in California inspired Hispanic groups throughout the U.S. 1968—Congress passed the Bilingual Education Act—money for schools to develop bilingual and cultural heritage programs for non-English-speaking children The Brown Power Movement Young Mexicans began calling themselves Chicanos or Chicanas— shortened form of Mexicanos, expressing pride in heritage David Sanchez and Carlos Montes begin the Brown Berets— a community action group that organized school walkouts to demand programs to reduce Chicano school dropout rate Political organization Mexican American Political Organization (MAPA) Sponsored candidates, registered and educated voters, lobbied for legislation that benefited Latinos Edward Roybal (Los Angeles, 1962) Henry Gonzalez (Texas, 1961) Elected to Congress Political organization 1970, Texan Jose Angel Gutierrez Established La Raza Unida (The United People Party) Latino candidates in five states and won positions on school boards and city councils and some positions of city mayor The Women’s Movement 1960s on, key to women’s movement: belief that women should have economic, political, and social equality with men Feminism 1950: 1 of 3 women worked for wages 1960: 40% of women worked for wages Widespread wage and job discrimination The Women’s Movement Key leader: Betty Friedan 1963: Wrote The Feminine Mystique: captured the discontent many women felt Died February 4, 2006 The Women’s Movement 1966: The National Organization for Women (NOW) formed to more actively pursue women’s goals Members pushed for creation of more child-care facilities and for improved educational opportunities for women 1971, Gloria Steinem founded the National Women’s Political Caucus: encouraged women to seek political office The Women’s Movement Key issue supported by NOW and other feminist groups: woman’s right to have an abortion 1973: Burger Court: Roe v. Wade– women had right to choose abortion during first 3 months of pregnancy Roe v. Wade still bitterly debated 1972: Equal Rights Amendment passed Congress but did not achieve ratification of 38 states (3/4 of 50) The Women’s Movement Conservative women spoke out against NOW and the Equal Rights Amendment Phyllis Schlafly led the Stop-ERA campaign Insisted that the ERA was the work of radical feminists who “hate men, marriage, and children.” Since the decision of the Marshall Court in Marbury v. Madison (1803) Supreme Courts have made thousands of decisions. Some of them, however, have been so important, that they are considered landmark—or very important--decisions. In this short class we shall discuss some of those landmark decisions. Good evening Columbians. I was Chief Justice Earl Warren. Our first case was a multi-amendment case (with emphasis on the First Amendment) that my court, the Warren Court, decided: Griswold v. Connecticut (1965). A Connecticut law criminalized counseling married couples about or giving married couples medical treatment for the purposes of preventing conception of a child. Griswold v. Connecticut (1965) Issue: Does the Constitution protect the right of marital privacy against state restrictions on a couple’s ability to be counseled in the use of contraceptives? The Court held: together the First, Third, Fourth and Ninth Amendments create the right to privacy among married people. The Connecticut law was therefore unconstitutional and rendered null and void. Yet another case that the Warren Court, decided, similar in many respects to Griswold v. Connecticut (1965) was Loving v. Virginia (1967.) In 1958 a Virginia law was in effect that banned interracial marriages. Two residents of Virginia, Mildred Jeter, an African-American woman and Richard Loving, a white male, were married in Washington, D. C., and shortly after returned to Virginia. They were charged with violating the Virginia law, found guilty and sentenced each to a year in jail. Loving v. Virginia (1967) Issue: Did Virginia’s antimiscegenation law violate the Equal Protection Clause of the Fourteenth Amendment? In a unanimous decision, the Court held: that distinctions drawn according to race were generally “odious to a free people” and were subject to “the most rigid scrutiny” under the Equal Protection Clause. The Virginia law had no legitimate purpose “independent of invidious racial discrimination.” The Court further rejected Virginia’s argument that the statute was legitimate because it applied equally to blacks and whites. Columbians, I was Chief Justice Warren Burger. We will now discuss one of my Court’s landmark decisions in a case regarding the Fourteenth Amendment: Roe v. Wade (1973) Norma McCorvey (Roe), a Texas resident, sought to terminate her pregnancy by abortion, because the pregnancy was the result of rape. Texas law prohibited abortions except to save a pregnant woman’s life. Roe sued claiming that the Texas law violated the Fourteenth Amendment. Roe v. Wade (1973) Issue: Does the Constitution embrace a woman’s right to terminate her pregnancy by abortion? The Burger Court held: a woman’s right to an abortion fell within the right to privacy (Griswold v. Connecticut--1965) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over her pregnancy during the first trimester. Now we are going to discuss 4 cases that primarily pertain to the rights of the accused in criminal cases. The first case is Mapp v. Ohio (1961) While searching her home for a fugitive, Ohio police discovered obscene materials in Dolree Mapp’s possession. The police admitted that the search of the home for the fugitive violated the Fourth Amendment. Still, Mapp was convicted of possessing obscene materials. Mapp v. Ohio (1961) Issues: 1) Were the confiscated materials protected by the First Amendment? 2) May evidence obtained in a search that violated the Fourth Amendment be used in a state court? The Court held: all evidence obtained through illegal searches and seizures is inadmissible in state court. This decision created the exclusionary rule, placing on all levels of government the requirement of excluding illegally obtained evidence from all criminal court proceedings. Our next case concerns the Sixth and Fourteenth Amendments; specifically the right to counsel: Gideon v. Wainwright (1963) Gideon was arrested in Florida and charged with felony breaking and entering. He lacked funds to hire a lawyer and requested a court-appointed lawyer. The judge refused; Gideon defended himself, was convicted, and sentenced to 5 years in state prison. Gideon v. Wainwright (1963) Issue: Do the Sixth and Fourteenth Amendments guarantee a right to legal counsel in all cases? The court held: Gideon had a right to be represented by a court-appointed attorney. Overruled Betts v. Brady (1942). Justice Black: “an obvious truth” that a fair trial for a poor defendant requires a competent legal counsel. “Lawyers are a necessity, not a luxury.” Another landmark decision dealing with the right of an accused person to an attorney was the 1964 decision, Escobedo v. Illinois. Escobedo was arrested in connection with a murder and, during interrogation at a local police station, the police denied him access to his attorney. Without his lawyer present, he confessed to firing the shot that killed the victim and, based on that confession, was convicted. Escobedo v. Illinois (1964) Issue: Is an accused person entitled to have an attorney present during questioning.? The Warren Court held: based on the “exclusionary rule” from Mapp v. Ohio (1961), the police obtained Escobedo’s confession in an illegal manner. His conviction was overturned. The Court also created the Escobedo Rule: based on the Sixth Amendment, police must warn an accused of the rights to remain silent and to have an attorney present during questioning. Columbians, Elle here. Our next case is one of the most famous in American history. It involves the Fifth Amendment: Miranda v. Arizona (1966) Miranda was arrested in Arizona and the police questioned him without advising him of his constitutional rights under the Fifth Amendment (selfincrimination.) He confessed to part of the crime. His confession was used in court and he was convicted, based, in part, on his confession. Miranda v. Arizona (1966) Issue: Did the police practice of interrogating individuals without advising them of their right to counsel and protection against self-incrimination violate the Fifth Amendment? The Court held: Prosecutors could not use statements in court that had been made by defendants unless police had advised them of their privilege against self-incrimination. The Court also specifically outlined what police warnings to suspects must include (right to remain silent, right to counsel present during questioning, etc.) In 1896 the Court ruled, in I was Justice Thurgood Marshall. When I was an attorney, I argued, and won, the single most important Supreme Court case regarding civil rights: Brown v. Board of Plessy v. Ferguson, Education of Topeka, KS that Blacks could be (1954). placed in separate facilities if they were “equal” to those used by whites. School districts therefore created separate “but equal” schools Brown v. Board of Education (1954) An African-American girl named Linda Brown lived near an all-white school in Topeka, KS. To get to her all-black school, she had to cross several dangerous roads and railroads. Her father, Oliver Brown, filed suit to overturn Plessy v. Ferguson to enable Linda Brown to attend the all-white school near her home. Issue: Did the “separate but equal” provision of Plessy v. Ferguson violate the equal protection clause of the Fourteenth Amendment? Brown v. Board of Education (1954) The Warren Court held: Plessy v. Ferguson’s “separate but equal rule” was a violation of the Fourteenth Amendment. Racial segregation in public education “has a detrimental effect on minority children because it is interpreted as a sign of inferiority.” Result: beginning of the end of all forms of state-maintained racial segregation. The other landmark case from the Burger Court we will discuss had to do with “reverse discrimination” under the affirmative action issue: Regents of the University of California v. Bakke (1978) Allan Bakke, 35 year old Caucasian, had twice been rejected for admission to the UC Davis medical school. The school reserved 16 places in each entering class for “qualified minorities” as part . . . Regents of the University of California v. Bakke (1978) . . .of the university’s affirmative action program, in an effort to “redress longstanding, unfair minority exclusions from the medical profession.” Bakke’s college GPA and MCAT scores exceeded those of any of the minority applicants who had been admitted ahead of him. Bakke claimed that he was excluded from admission solely on the purpose of race; or “reverse discrimination.” Regents of the University of California v. Bakke (1978) Issue: Did UC violate the Fourteenth Amendment’s equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy? The Burger Court could arrive at no single majority opinion. The Court ordered the UC Davis Medical School to admit Bakke. However, the Court also ruled that “the use of race as a criterion in admissions decisions in higher education was constitutionally permissible.” In 2003, my court made a similar ruling in Gratz v. Bollinger. Jennifer Gratz applied to the University of Michigan’s College of Literature, Science and Arts with an adjusted GPA of 3.8 and an ACT score of 25 (about 1300 SAT). The University of Michigan admitted using race in making admissions decisions—its policy is to admit virtually all qualified applicants who are black, Latino or Native American. Gratz v. Bollinger (2003) Issue: Did the University of Michigan’s use of racial preferences in undergraduate admissions violate the Equal Protection clause of the Fourteenth Amendment or the Civil Rights Act of 1964? The Rehnquist Court held that the University’s policy did violate both laws. In the Bakke decision the Court took into account the fact that the University of California provided individualized consideration to Bakke. The Univ. of Michigan did NOT do so because each minority applicant received an automatic 20-points. Gratz v. Bollinger (2003) Despite ruling against the University of Michigan’s admissions policy, our Court did, however, confirm that affirmative action plans in university admissions are legal and valid under the Constitution. Nixon visits China Highlights in U. S. Foreign Policy Détente (relaxation of cold relations) 1972-early 1980s Under Richard Nixon, the office of the President of the United States began to look imperial, or supreme Since Franklin Roosevelt, the president began to get more and more power, even though Congress would NOT let him pack the Supreme Court Truman integrated the military by executive order Johnson went over Congress’s head to put more troops into Vietnam Nixon impounded, or refused to spend, money appropriated by Congress for certain programs with which he disagreed Nixon expanded the power of the presidency and gave little thought to the checks and balances of the Constitution Nixon distanced himself from Congress and basically worked with a very small group of fiercely loyal advisers. Who were those guys? Attorney General John N. Mitchell Chief of Staff H. R. “Bob” Haldeman Domestic Affairs adviser John D. Ehrlichman The “Berlin Wall” 1972: reasonably popular, Nixon chooses to run for re-election Democratic opponent, extreme liberal Senator George McGovern from South Dakota Never a serious challenge But Nixon had an overwhelming fear of losing elections Loss to Kennedy in 1960 Loss to Pat Brown in the 1962 election for governor of California “The press won’t have Nixon to kick around any longer.” Committee to Re-elect the President (CRP) hired “the plumbers”—people whose job it was to plug government leaks to the media. June 17, 1972, 2:30 a.m., a guard at the Watergate Complex in Washington, caught 5 men breaking D. C. into the offices of the Democratic National Headquarters They were “plumbers” Intent: to wiretap phones and photograph documents Quickly learned that the group’s leader, James McCord, was a CIA agent and a member of CRP The Cover-up All incriminating documents shredded in Haldeman’s White House office The White House, with Nixon’s consent, asked the CIA to ask the FBI to stop its investigation of the burglary on grounds of national security the CRP On Mitchell’s orders, gave the burglars $500,000 to buy their silence after they were indicted. As the 1972 election campaign went on, most Americans lost interest in the Watergate burglary. However, Washington Post reporters Carl Bernstein and Bob Woodward (shown with publisher Katherine Graham) kept the story alive, trying to find evidence of a conspiracy. In November 1972, Nixon decisively defeated McGovern, amassing 60.7% of the popular vote and a 520-17 margin in electoral votes Inaugurated on January 20, 1973 January 1973, all of the burglars were convicted. Judge John Sirica stated that he believed from the evidence presented that the burglars had not worked alone. April 30, 1973, Nixon fired White House lawyer John Dean and announced the resignations of Haldeman and Ehrlichman. Nixon also denied any attempt at a cover-up. May 1973, the Senate convened a special committee to investigate the Watergate burglary Chairman: Senator Sam Ervin (D, NC) Ranking Republican: Senator Howard Baker of TN Testimony from numerous witnesses June, 1973: John Dean testified that the president had been deeply involved in the cover-up John Mitchell refuted Dean’s charges in his testimony There was no “smoking gun” July 1973: presidential aide, Alexander Butterfield testified that President Nixon taped (audio tape) all of his Oval Office conversations For over a year, there was a legal battle over releasing the tapes Special Prosecutor Archibald Cox took the president to Court in October 1973 to get the tapes. Nixon ordered Attorney General Elliot Richardson to fire Cox. Richardson refused and resigned, as did the Deputy Attorney General The incident became known as the Saturday Night Massacre Democrats in the House of Representatives then began to look into the possibility of starting impeachment hearings Many Democrats did not want to impeach Nixon because they feared that if he left office, the pugnacious Vice President Spiro T. Agnew would become president However, within days, Vice President Agnew resigned when he admitted to accepting bribes from Maryland engineering firms while governor of Maryland and while vice president Democrats began to seriously consider impeaching Nixon Nixon named, and the Senate approved, Representative Gerald R. Ford of Michigan as the new vice-president News reports then announced that in 1971 and 1972, Nixon had only paid $1000 income tax on his $200,000 salary Nixon went on national TV: “People have the right to know whether or not their president is a crook. Well, I am not a crook.” March 1974, a grand jury indicted Mitchell, Haldeman, Ehrlichman, and four other presidential aides on charges of conspiracy, obstruction of justice, and perjury April 30, 1974, Nixon released 1,254 pages of edited transcripts from his White House tapes Revealed Nixon’s vulgar language and lack of concern about fully addressing the scandal Also revealed lengthy gaps in the tapes. Investigators demanded full transcripts Nixon refused, citing national security concerns The Burger Supreme Court ruled unanimously that Nixon had to surrender the tapes. Nixon released them on Aug 5. The House Judiciary Committee approved 3 articles of impeachment The tape, despite an 18-minute gap, revealed that Nixon knew about the administration’s role in the Watergate break-in and had agreed with the plan to obstruct the FBI’s investigation. August 8, 1974, after consulting with his family and the Reverend Billy Graham President Nixon went on national TV to announce his resignation Left office at noon on Aug. 9, 1974 Aug. 9: addressed his staff for the final time Boarded the helicopter as he left the White House Gerald R. Ford became the 38th President of the U.S. at noon, August. 9, 1974 Nixon: only president to ever resign from office Ford: only appointed president in U.S. history Gerald R. Ford Only president to have been an all-American athlete; Univ. of Michigan One month after taking office, pardoned Richard Nixon angering many people Faced a worsening economy Gasoline and heating oil prices extremely high Two assassination attempts Sept 5, 1975: Lynette “Squeaky” Fromme Sacramento Sept 25, 1975 Sara Jane Moore San Francisco Named Nelson Rockefeller as nation’s second appointed vice-president Former governor of New York and heir to the Rockefeller fortune Ford and Democraticcontrolled Congress could not agree on how to stop inflation Ford vetoed 50 bills in 2 years as president Unemployment and inflation dropped—but no apparent long-term solutions Foreign policy: key advisor, Secretary of State, Dr. Henry A. Kissinger Ford continued Nixon’s policy of improving relations with China and the Soviet Union 1974 & 1975 summits with Soviet leader Leonid I. Brezhnev One achievement: Helsinki Accords (Helsinki, Finland), 35 nations promised better cooperation between the nations of Eastern and Western Europe 1975: Mayaguez Incident Communist Khmer Rouge government of Cambodia seized the U.S. merchant ship, SS Mayaguez in the Gulf of Siam 1975: Mayaguez Incident Ford ordered two air strikes against Cambodia and sent Marines to rescue the 39 crew members Successful mission with the loss of 41 U. S. Marines 1976 Election Ford challenged in primaries by former California governor, Ronald W. Reagan Reagan some success, but Ford gets Republican nomination. Rockefeller chose not to run for VP Ford chooses Senator Bob Dole of Kansas as his running mate Several Democrats run, but former Georgia governor and peanut farmer, Jimmy Carter, gets the nomination Carter Plains, Georgia Graduate of U. S. Naval Academy Relative unknown Carter ran as an outsider (outside Washington, DC) Promised to restore integrity to presidency Selects Minnesota Senator Walter Mondale as vice-presidential candidate Campaign included televised debate—Carter came across as not strong on economic issues but also as a nice, moral person Carter won a close election Wanted to be known as the people’s president Roosevelt-like “fireside chats” on radio & TV Alienated himself from Congress—even the Democratic Party in Congress Focused on energy and economic problems of U.S. Considered economic crisis greatest crisis facing nation April 17, 1977—urged Americans to cut consumption of oil and gas Winter: 65 degrees day; 55 degrees night Created cabinet-level Dept. of Energy National Energy Act of 1977 Tax on gas-guzzling cars Removed price controls on oil & natural gas produced in the U. S. Tax credits for development of alternative energy supplies Major problems in economy as well Voluntary wage & price freezes to slow inflation Convinced Federal Reserve to raise interest rates Many Americans believed Carter had no economic policy at all Malaise Speech: “A crisis of confidence” has “struck at the very heart and soul of our national will.” Many believed that Carter had given up 1980: inflation at 14%--highest since 1947 Standard of living in U.S. slipped from 1st to 5th in the world Approval rating: 26%; lower than Nixon’s low The U. S. economy of the late 1970s Rapid expansion of service sector Communications, transportation and retail trade Decline in manufacturing One major cause: overseas competition Deteriorating industries created a “Rustbelt” Detroit to New York City Foreign Policy Rejected realpolitik (policy of negotiating with powerful nations in spite of their behavior) Committed to assuring human rights throughout the world Foreign policy based on moral principles—world-wide assurance of principles of Declaration of Independence Many critical of this policy as naïve and closed-minded 1977: completed treaty with Panama giving the canal to Panama on Dec. 31,1999 Many Americans criticized this decision Firm insistence on human rights led to breakdown in relations with the Soviet Union June 1979—signed a SALT II agreement with the USSR; criticized by many in Congress as a treaty that would put the U.S. at a nuclear disadvantage Limited numbers of nuclear weapons and nuclear missile launchers each side could produce December 1979 the Soviet Union invaded Afghanistan Carter called the invasion a “gross interference in the internal affairs of Afghanistan” Carter allowed SALT II to die in the Senate Carter also ordered the U. S. Olympic Team to boycott the 1980 Moscow Games Camp David Accords Carter helped negotiate peace between Egypt and Israel after 13 days of intense negotiations at Camp David, Maryland Anwar Sadat of Egypt and Menachem Begin of Israel Egypt: first Arab nation to recognize existence of Israel Left question of Palestinians open-ended Carter promised billions of dollars in U. S. foreign aid to both nations Low Ebb of Carter Foreign Policy January 1979, Iranian religious leader, Ayatollah Ruhollah Khomeini led an overthrow of the proU. S. Shah of Iran Carter supported the shah to the end After the shah had escaped into exile, in October 1979, Carter let the shah into the U.S. for cancer treatment November 4, 1979 armed students seized the U. S. embassy in Tehran and took 52 hostages Demanded the U.S. send the shah back to Iran in exchange for hostages Carter refused Carter banned all trade with Iran and also broke off diplomatic relations with that country The Iranian students held the U. S. hostages for 444 days One bright spot: 1980 Winter Olympics Feb. 1980 Eric Heiden: 5 gold medals in speed skating USA Ice Hockey Team defeats “unbeatable” Soviet team in Semi-finals but then… The Miracle on Ice restores American morale April 24, 1980, an attempt by U. S. special Operating forces, including Delta Force, to rescue the hostages met with disaster at a refueling point in the Iranian desert (Desert One.) An Air Force C130 aircraft and a Marine helicopter collided during ground refueling Eight service people died in the attempt As the 1980 election campaign began, Carter refused to leave the White House until the hostages were returned; would not campaign Result: former California Governor, Ronald Reagan swept to victory in the election As Reagan inaugurated, Iran released hostages The Environment 1962 Rachel Carson’s Silent Spring Aroused widespread public concern about use of insecticides Nuclear power concerns 1979: accident at Three Mile Island, PA 1986 disaster in Chernobyl, the Ukraine (world’s worst nuclear accident) The Environment Oil spills and improperly disposed toxic waste Santa Barbara oil spill 1969 Love Canal (Niagara Falls, NY) 1978— toxic waste disposal problems Exxon Valdez oil spill in Alaska, 1989 Depletion of ozone layer due to burning fossil fuels (coal & oil) Exxon Valdez Oil Spill Conservatism reached a high point in the U.S with the election of Ronald Reagan in 1980 Former movie actor and Governor of California Vice President: George H. W. Bush Reagan led the Conservative Coalition Alliance of intellectuals, business leaders, middle-class voters, disaffected Democrats, and fundamentalist Christian groups Favored Lower taxes and a return to traditional moral standards Opposed Big government, entitlements, affirmative action, busing, the Equal Rights Amendment Rise of conservative religious groups: The Moral Majority Leaders Jimmy Jim Pat Swaggart Robertson Bakker Fundamentalist Christianity—using television and other forms of mass communication Jerry Falwell Key campaign phrase: “Are you better off today than you were 4 years ago?” Elected in landslide: 43.9 million votes to 35.5 million for Carter; 489-49 electoral votes Taking office, promised to reduce size and influence of federal government, which, he said, would encourage private investment “The scariest words in the English language are: ‘I’m from the government and I’m here to help.’” Deep cuts in government spending on social programs Did not cut middle-class entitlement programs—guaranteed and provided benefits to particular groups: Social Security for retired people or military pensions Did cut: food stamps, job training, welfare benefits, free school lunches Reaganomics Lower taxes to accompany reduced spending on social programs. People who pay less tax will invest more, which, in turn, would increase the nation’s supply of goods & services Based on the theory of supply-side economics—cutting taxes gives people the incentives to work, save and invest Supply-side economics, (continued) With lower taxes, people invest more Increased business investment creates more jobs, as entrepreneurs and other suppliers develop new products and services. More workers means more taxpayers, which causes government revenues to increase, even though tax rates are low. 1981—Reagan signed into law a 25% cut in federal income taxes, spread out over three years With cuts in social programs, Reagan authorized increases in military spending Defense Department budget doubled 1981-1984 Military pay increased B-1 bomber 1983—proposed the Strategic Defense Initiative (“Star Wars”)—anti-ballistic missile defense Opposed by some because of cost and questionable technological basis Offered to share technology with USSR Under Reaganomics, interest rates fell and the stock market soared producing a long period of economic growth Inflation rate: 14% 1980; 4% 1988 But large budget deficits and a huge national debt: $900 billion in 1980 to $4 trillion 1992—U.S. the world’s largest debtor nation Overall: by 1984, most Americans felt that they were better off than they had been in 1980 Supreme Court: became more conservative under Reagan Appointed the first female justice, Sandra Day O’Connor of Arizona Also appointed conservatives Antonin Scalia and Anthony Kennedy and elevated conservative William Rehnquist to Chief Justice when Warren Burger retired George Bush continued Reagan’s policy of appointing conservatives to the Supreme Court with David Souter and Clarence Thomas The Rehnquist Court made rulings restricting abortion rights, imposing new restrictions on civil rights, and limiting the rights of people who are arrested Republicans swept to victory in presidential elections of 1984 and 1988 1984: Reagan and Bush win decisively over Democrats Walter Mondale and Geraldine Ferraro—the first woman ever to be the candidate of a major party for vice president 1988: Bush and Dan Quayle, a senator from Indiana defeat Massachusetts Governor Michael Dukakis (Pres) and Senator Lloyd Bentsen of Texas (V.P.) Reagan/Bush foreign policy Soviet Union: The Evil Empire The Berlin Wall fell in 1989 “Mr. Gorbachev, tear down this wall!” Reagan’s policies led to the end of the USSR and freedom in Eastern Europe Reagan supported antiCommunist contra rebels in Nicaragua Operation Urgent Fury Reagan ordered U. S. Rangers and paratroopers to remove Cuban troops and eliminate the Communist government on the Caribbean island of Grenada in 1983 Iran-Contra Scandal Illegally sell arms to Iran, an enemy, use the proceeds to illegally fund pro-American Contra rebels in Nicaragua, then led by a Communist regime Devised by National Security Advisor, Bud McFarlane; carried out by Marine Lieutenant Colonel Oliver North Scandal had no long-term negative affect on Reagan: the “Teflon President” June 1989, Chinese people protest in a pro-democracy movement Beijing’s Tiananmen Square Crushed by government; restored hard-line communists to power—Bush protests but takes no action South Africa, 1990 U. S. trade embargo to protest policy of apartheid—system for separating races to protect white supremacy Over time, government of South Africa gradually repealed apartheid laws; Blacks first voted 1994; Nelson Mandela first black president 1989: Bush sent 20,000 military personnel to Panama to overthrow and arrest dictator Manuel Antonio Noriega on charges of drug trafficking. Operation Just Cause highly successful American operation led by General Max Thurmond Noriega currently serving 40 years in a U.S. prison August 1990: Iraq invades oil-rich Kuwait Military leaders: General Colin Powell and General H. Norman Schwarzkopf U. S. responds with Operations Desert Shield and Desert Storm Operation Desert Storm Jan 16, 1991Feb 28, 1991 Air war: Jan 16-Feb 24; Ground war: Feb 24-Feb 28 Decisive U.S.-led coalition victory—less than 400 UN coalition casualties; more than 100,000 Iraqi deaths (military & civilian) Validated U. S. military as most powerful in the history of the world Bush’s domestic policy not nearly as successful as foreign policy Huge national debt and federal deficit Democratic majority in Congress Some cooperation Plan to bail out savings and loan industry Civil rights bill—combat discrimination in jobs Americans with Disabilities Act But . . . Read my lips: no new taxes! Congressional democrats forced Bush to agree to a tax increase to reduce the deficit; later painted him as going back on a promise Also: economic recession slowly increased in 1991-1992, leading to the election of 1992 1992, Democratic candidate for president: Governor Bill Clinton of Arkansas: “It’s the economy, stupid.” The election of 1992 Bush (Republican), Clinton (Democratic), H. Ross Perot of Texas (Independent) Results New V. P. : Senator Al Gore of TN Clinton presidency: early policies and troubles Gays in the military (Don’t ask, don’t tell) Large tax increase on wealthy Americans Significant reduction of government spending Health care reform Led by wife, Hillary Rodham Clinton Dismal failure—Congress abandoned Ratified North American Free Trade Agreement (NAFTA) & General Agreement on Tariffs and Trade (GATT) Clinton Foreign Policy Helped broker an agreement between Israel & Palestine Liberation Organization (PLO) Intervened in civil war in Haiti Brokered the Dayton Accords for peace in Bosnia-Herzegovina and sent U.S. troops as peacekeepers Congressional Election of 1994 People dissatisfied with Clinton’s leadership due to several judgmental errors Led by Congressman Newt Gingrich of GA, Republicans offer the Contract With America, & sweep to victory taking control of both houses of Congress Even Dem. Speaker of the House Tom Foley of WA defeated GOP: more power to the states; cut taxes & federal spending Clinton shifts agenda to political center, proposed own plan for tax cuts and balanced budget Clinton helped by major improvement in the economy Regained popularity among American people Election of 1996: Clinton & Gore sweep to victory over Republicans Bob Dole of KS and Jack Kemp of NY Results Clinton & Republican Congress: smallest budget deficit in almost 30 years Clinton presidency marred by scandal Whitewater—land deal prior to election Vincent Foster suicide (Clinton aide) Jennifer Flowers Paula Corbin Jones Monica Lewinsky Clinton lied under oath; encouraged Lewinsky to do same The Clinton scandals illustrated two major changes in the character of American life: Increasing role of scandal in U. S. politics (sensationalist media) Blurring of distinction between public and private behavior—almost every facet of a politician’s life a target of inquiry and exposure Media knew JFK had many sexual liaisons, but said nothing. Today, everything is fair game. High tech economy: computers & soft ware Bill Gates and Microsoft Silicon Valley Biotechnology industries New drugs (scourge of AIDS) DNA research Cloning of animal and human tissue Economy now based on two family members earning incomes Two-tiered economy: top 40% of population increasing wealth and income; bottom 60% experiencing real declines in wealth and income Most important change: globalization of the economy Greater choices for consumer but many jobs sent overseas North American Free Trade Agreement General Agreement on Tariffs & Trade (World Trade Organization) George W. Bush & Dick Cheney Al Gore and Joe Lieberman of CT Florida vote count contested Results