America’s Democratic
Republic
Ch. 5: Civil Rights
Introduction
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Civil rights: government guarantees of
equality for all with regard to judicial
proceedings, political rights, treatment by
public officials and access to and enjoyment
of the benefits of government programs
Expansion of civil rights significantly
democratized the American republic
Civil Rights Before the 20th
Century
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The concept of equality is not mentioned in
the Constitution or Bill of Rights
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State constitutions did virtually nothing to
guarantee equality before the law
Late 18th and early 19th centuries instead saw
great concern for protecting individuals from the
government
Civil Rights Before the 20th
Century
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African Americans and women were not
passive bystanders in the fight for equality
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Participated as best they could
Fought for equality through protests, boycotts,
work on the Underground Railroad and through
the political system
Civil Rights Before the 20th
Century
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Civil War Amendments (sometimes called the
Reconstruction Amendments)
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13th (1865): abolished slavery
14th (1868)
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Defined citizenship (reversed Dred Scott v. Sanford
1857)
Guaranteed due process
Afford privileges and immunities
Guaranteed equal protection of the law
Civil Rights Before the 20th
Century
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Civil War Amendments (sometimes called the
Reconstruction Amendments)
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15th (1870): banned discrimination in voting
based on race, color or previous condition of
servitude
Does not confer suffrage
Civil Rights Before the 20th
Century
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Undermining the Civil War Amendments
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Slaughterhouse Cases (1873)
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Eviscerated the privileges and immunities clause in
the 14th Amendment
Civil Rights Cases (1883)
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14th Amendment did not permit Congress to prohibit
discrimination unless it was practiced by state
government
Civil Rights Before the 20th
Century

Undermining the Civil War Amendments
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Plessy v. Ferguson (1896)
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Prohibited separation of the races in intrastate travel
as long as facilities were “equal”
Provided the legal foundation for the dual society, also
known as Jim Crow
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De facto segregation
De jure segregation
Overturned by Brown v. Board of Education (1954)
Civil Rights Before the 20th
Century

Weakening the 15th Amendment
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Poll taxes
Grandfather clause
White primary
Civil Rights Before the 20th
Century
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Women and the 15th Amendment
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Minor v. Happersett (1874): women’s suffrage not
an inherent right in the national citizenship
guarantees of 14th Amendment
Abandoned legal challenges and turned to direct
action
19th Amendment (1920)
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Banned discrimination in voting based on sex
Contemporary Status of Civil
Rights for Racial Minorities
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Changes in interpretation of the Constitution
and interracial relations were shaped by the
civil rights movement
Contemporary Status of Civil
Rights for Racial Minorities

Civil Rights Movement
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1940’s – 1960’s
Ended formal segregation across the nation
Major civil rights organizations
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National Association for the Advancement of Colored
People (NAACP)
Southern Christian Leadership Conference (SCLC)
Student Non-Violent Coordinating Committee (SNCC)
Congress on Racial Equality (CORE)
Main tactic: non-violent direct action
Contemporary Status of Civil
Rights for Racial Minorities
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Key Events
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1954:
1957:
1960:
1961:
1962:
Brown v. Board of Education
Montgomery Bus Boycott
Freedom Rides
Sit-ins
Integration of Ole Miss
Contemporary Status of Civil
Rights for Racial Minorities
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Key Events
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1963
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Birmingham demonstrations
Bombing of 16th Street Baptist Church and murder of
four girls
Integration of University of Alabama
March on Washington
Murder of Medgar Evers
Civil Rights bill sent to Congress
Assassination of JFK
Contemporary Status of Civil
Rights for Racial Minorities

Key Events
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1964
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Passage of Civil Rights Act of 1964
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Ended legal segregation in public accommodations and
schools
The Summer Project, also known as Freedom
Summer
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Murders of James Chaney, Andrew Goodman and Michael
Schwerner
Contemporary Status of Civil
Rights for Racial Minorities

Key Events
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1965
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Murder of Malcolm X
Voter registration demonstrations
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Bloody Sunday
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Murder of Jimmie Lee Jackson
Murder of Rev. Jim Reeb and Viola Luizzo
Selma March
Passage of Voting Rights Act
Contemporary Status of Civil
Rights for Racial Minorities

Key Events
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1964 - 1967
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Urban rebellions (race riots) in large northern cities
across the country
“White backlash”
1968
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Murder of Martin Luther King, Jr.
Murder of Robert F. Kennedy
Poor People’s Campaign
Passage of Civil Rights Act of 1968
Contemporary Status of Civil
Rights for Racial Minorities
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Affirmative Action
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Main goal of Civil Rights Movement was to
remove artificial barriers
Because of hundreds of years of discrimination,
economic and social situation of many blacks
remained stagnant
Progress had to involve proactive governmental
efforts
Contemporary Status of Civil
Rights for Racial Minorities
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Important Actions
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Richard Nixon’s Philadelphia Plan (1969)
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Required minority set asides from construction
companies and associated unions with federal
contracts
Regents v. Bakke (1978)
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Quotas are unconstitutional, but race can be one
factor among several in hiring or college admissions
Contemporary Status of Civil
Rights for Racial Minorities

Proponents of Affirmative Action
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Impact of past discrimination is so pervasive,
removing artificial barriers is not enough
United States’ diverse society requires tolerance
and sense of community
Those who are disadvantaged or discriminated
against need successful role models in important
societal institutions
Contemporary Status of Civil
Rights for Racial Minorities
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Opponents of Affirmative Action
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Violates the American principle of individualism
Reverse discrimination
Main beneficiaries of affirmative action are middle
class
Increases intergroup and interracial tension
Contemporary Status of Civil
Rights for Racial Minorities

Public Opinion on Affirmative Action
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Americans approve of
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Diversity
Merit
Equality of opportunity
Americans disapprove of
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“Reverse discrimination”
Special rights or privileges
Equality of result
Contemporary Status of Civil
Rights for Racial Minorities
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Supreme Court on Affirmative Action
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By 1980s, the Court was ruling that laws that were
not color-blind should be given strict scrutiny, but
Grutter v. Bollinger (2003) reaffirmed Regents v.
Bakke (1978)
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Quotas are illegal
Race can be one of several factors
Contemporary Status of Civil
Rights for Racial Minorities

Affirmative Action and Federal Constitutional
Law
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Race as the defining qualification in government
programs is considered unconstitutional unless
“compelling and necessary reasons. . .” are
proved
In government contracts or hiring affirmative
action is constitutional only if narrowly tailored to
rectify past actions by a particular government
agency is a compelling reason
Contemporary Status of Civil
Rights for Racial Minorities

Affirmative Action and federal constitutional
law
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Regarding admissions to educational institutions,
actions that try to rectify past discriminatory
admissions policies that are “compelling and
necessary” are constitutional
Contemporary Status of Civil
Rights for Racial Minorities

Affirmative Action and federal constitutional
law
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Regarding admissions to educational institutions,
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the goal of achieving a diverse student body is a
compelling reason
Race can only be one of several factors
Contemporary Status of Civil
Rights for Women
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The women’s movement was unable to win
passage of the Equal Rights Amendment
(ERA) to the Constitution, but
Issues such as sexual harassment, family
medical leave, pay equity, etc., are part of the
nation’s political agenda
Contemporary Status of Civil
Rights for Women
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Rights for women have changed more by
changes in society’s attitude than by a loose
constructionist view of the 14th Amendment’s
equal protection clause
Contemporary Status of Civil
Rights for Women
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Legal Considerations
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Craig v. Boren (1976)
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Intermediate scrutiny: “gender as a somewhat
suspect classification”
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A law that would be constitutional if the use of gender was
substantially related to an important objective
This was reaffirmed in United States v. Virginia (1996)
Contemporary Status of Civil
Rights for Women
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Abortion Rights
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Roe v. Wade (1973)
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Existence of a general right for women to decide to
terminate a pregnancy
Abortion from a legislative issue to a constitutional
issue
Reflected
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Changes in public opinion
Inequities against women
Pressure from interest groups
Contemporary Status of Civil
Rights for Women
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Abortion Rights
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Roe v. Wade (1973)
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Justice Blackmun’s opinion prohibited
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The state from interfering in the first two trimesters
Any state actions in the third trimester that might threaten
health or life of mother
Contemporary Status of Civil
Rights for Women
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Abortion Rights
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Roe v. Wade (1973)
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In response to state restrictions
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Webster v. Reproductive Health Services (1989)
 Allowed states to set restrictions
Planned Parenthood v. Casey (1992)
 Restrictions can’t “place an undue burden” on a woman’s
right to choose
Post-1992, laws restricting abortions must contain
exceptions when life or health of mother is at risk
Contemporary Status of Civil
Rights for Women
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Sexual Harassment
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Disagreement about the definition
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1980: EEOC ruled that
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Sexual activity as a condition of employment violates the
Civil Rights Act of 1964
Creating “an intimidating, hostile, or offensive working
environment” is against the law
Harris v. Forklift Systems, Inc. (1993)
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Workers only have to prove that the workplace is hostile or
abusive
Broadening the Civil Rights
Umbrella
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Elderly and Disabled
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Mandatory retirement barred
Age Discrimination in Employment Act (1967)
Americans With Disabilities Act (1990)
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Prohibits discrimination
Requires reasonable efforts to make jobs and public
accommodations accessible
2001 Congress barred state employees from suing for
damages
Broadening the Civil Rights
Umbrella
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Gays and Lesbians
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Stonewall Rebellion 1969
Bowers v. Hardwick (1986)
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Romer v. Evans (1996)
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Upheld Georgia’s sodomy law
State laws denying basic civil rights to gays and
lesbians are unconstitutional
Lawrence v. Texas (2003)
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Overturned Bowers v. Hardwick
Broadening the Civil Rights
Umbrella
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Gays and Lesbians
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Looming issues
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Gay marriage
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Defense of Marriage Act 1996
Adoption of children by gays
Civil Rights in the Democratic
Republic
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Civil rights issues have significantly altered
the republican Constitution
Absence of constitutional foundation
guaranteeing civil rights made the fight much
longer
Advances have been uneven
Ch. 5: Civil Rights
The End