Civil Rights
Discussion Questions
What are main points of disagreement
between Lincoln and King?
Who is right?
Do some groups need to be protected
against hurtful speech? How? Where to
draw the line?
Questions
Are there circumstances where racial
profiling is useful or is it always wrong?
Is racial profiling less objectionable when it
may be based on sound evidence?
Are airports a special case?
Lincoln and Slavery
Mixed Messages
Preserve the Union
Nation cannot exist
half slave and half
free
Emancipation
Proclamation
Pariah in the South
Reconstruction
South Rebuilt Under Military Rule
Southern Soldiers/Officials barred from
voting
Return to Union conditional on acceptance
of 13th, 14th and 15th amendments
“Civil War Amendments”
13th-Ends Slavery
14th- Establishes Citizenship
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Due process
End of 3/5 compromise
Bans rebels from government
15th-Right to vote cannot be denied for
race, color, or previous condition of
servitude
Post War Racism
Biological Basis
“Miscegenation”
Sexualized
Stereotypes
Lynching
Ku Klux Klan
Jim Crow Laws
Segregation
Plessy vs. Ferguson
Separate but equal
Jim Crow and Voting
White Primary
Literacy Test
Poll Tax
Grandfather Clause
White Primary
De Facto/De Jure Segregation
De Jure- segregation by law
De Facto- segregation by social practice
Black Codes
Poll Tax/Literacy Test/Grandfather Clause
Other forms of discrimination
Changing Partisanship
Reconstruction to
1920s- African
Americans
Overwhelmingly
Republican
New Deal Race
Neutral
House Dems Oppose
poll tax, lynching
Alignment Persists
Early Strategy- The Courts
NAACP founded in 1909
First Case- Pink Franklin
Smith v. Allwright 1944- Ends White
primary
Effect vs. Intent
Sweatt and Gaines Cases
Brown v. Board of Education
Education Source of
Early cases
Brown attempts to
enroll child in white
school
Appeals
Unanimous Decision
Equal Protection
Clause
Brown Rationale
Equal Protection Clause of 14th Amendment
“Nor shall any state… deny to any person within
its jurisdiction the equal protection of the laws.”
“To separate some children from others…solely
because of their race generates a feeling of
inferiority as to their status in the
community…very likely to ever be undone”
School Desegregation
Not always smooth
Little Rock
Orville Faubus
Eisenhower and the military
Bus Boycotts
Baton Rouge 1953
Montgomery 1955
Court ultimately holds
segregated busses
deny equal protection
Forming Organizations
Often Religious in
Origin
Southern Christian
Leadership
Conference
Martin Luther King
Color blind society
Changing Strategies
Nonviolent Protest
Civil Rights Act of 1964
National Law to outlaw many forms of
discrimination
Outlaws discrimination in voter registration
Bars discrimination in public
accommodations
DOJ given bigger hand
Employment
Implementation
Busing
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Swann v. Charlotte-Mecklenberg School
District
Considerable white fallout
EEOC
Intent vs. Effect
Voting Rights act of 1965
1964- 24th amendment eliminates poll tax
Voting rights act
Suspends literacy tests
Voter Registration
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Required to vote
Exceedingly low among blacks
Send in federal agents to register
Dramatic increase
Other legislation
Fair Housing Act 1968
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Prohibits discrimination in housing for most
cases
Electoral Districts
Gerrymandering
Race cannot be
primary consideration
Can be a
consideration
“Bizarre shape test”
Affirmative Action
Johnson race analogy
Requires employers/government agencies
who have discriminated in past to give
special consideration
Quotas?
Bakke
University of Michigan Cases
White Backlash
Increasing militancy
of civil rights
movement
“Reverse
Discrimination”
White flight
Private Schools
Political Realignment
African Americans Today
Progress
Inequality in education
Income/Poverty
Instances of police brutality
Contemporary Racism
General decline in overt hostility
Principal/implementation gap
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Real or Social Desirability
Symbolic Racism
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Moral Traditionalism
Anti black affect
Women’s Rights
Largely excluded from political
participation
Declaration of independence- “….that all
men are created equal.”
15th amendment- only mentions race and
slavery
Early Events
1840-World anti-slavery society
Women not allowed to participate
1848- Seneca Falls convention
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Women deserve equal rights of citizenship
Voting rights
1869- Women gain vote in Wyoming
1875- Minor v. Heppersett
19th Amendment
The right of citizens of the United States to
vote shall not be denied or abridged by the
United States or by any State on account
of sex.
Women slow to take to polls
Often voted like husband
Today, women vote at similar rate to men
1964 Civil Rights Act
Women included by accident
Intended to kill the bill
EEOC chooses not to enforce
NOW forms in protest
Equal Rights Amendment
Picks up steam in 1972
“Equality of rights under
the law shall not be
denied or abridged by the
United States or any state
on account of sex
Passes congress, ratified
by 22 states
Sunk by Roe v Wade
Women’s Rights Today
Considerable Progress
Affirmative action
Reduced Sexual Harassment
Closing Wage Gap
Still underrepresented politically
Glass Ceiling?
Gay Rights
Similarities/
Differences with other
classifications?
1969- Stonewall
Uprising
1986- Bowers v
Hardwick
1996 Romer v. Evans
2003-Lawrence v.
Texas
Gay Marriage?
Standards of Review
Strict Scrutiny
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Fundamental Freedoms, Race
Is classification Necessary to achieve permissible
state goal?
Intermediate Scrutiny
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Gender
Does it serve an important Government objective?
Minimum Rationality Standard
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Sexuality
Is there a rational foundation to discriminate?