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Chapter 5 Civil Rights
Civil Rights: Protection of historically disadvantaged groups from infringement of their equality by
discriminatory action.
The Missouri Compromise allowed Missouri to be admitted as a slave state balanced by Maine as a free
state. Plus any states formed above the bottom boundary of Missouri (36 degrees, 30 minutes north
latitude) could only be admitted as free states. This limited slave states to areas below.
Dred Scott was taken to the Free state (IL) & free federal territory (MN) and so he argued that he was
emancipated and thus a free man. The Supreme Court rule for Sanford (Scott’s ‘owner’) and ruled that
slaves were not citizens and could not bring lawsuits. This invalidated the Missouri Compromise and set
the stage for the Civil War. Case Scott v Sanford
Emancipation Proclamation took effect Jan 1, 1863 and freed slaves in states that were still in rebellion.
Slave states that did not secede still had slaves. Think Maryland, Delaware, Kentucky and Missouri. West
Virginia, DC and parts of Louisiana.
Thirteenth Amendment prohibited slavery and involuntary servitude.
Fourteenth Amendment provided all persons with the privileges and immunities of national citizenship;
the guarantee of equal protection of the laws by any state; and the safeguard of due process to protect
one’s life, liberty, and property from state interference.
Fifteenth 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 race, color, or previous condition of servitude’. Notice
it does not say former male slaves. However, most states did not permit women to vote.
Jim Crow Laws legislation in the South that mandated racial segregation in public facilities such as
restaurants and restrooms.
Plessey v. Ferguson case challenged segregation on Louisiana railroads. Homer Plessey lost his appeal
and the court established the “separate but equal” doctrine. Segregation was tolerated even when
facilities were clearly unequal. Hence, it became constitutionally protected.
Voting barriers
Poll taxes could the individual afford to pay.
Literacy tests could be obscure parts of a state constitution that had to be exactly repeated.
Property qualifications ownership rather than leasing or renting.
Grandfather clause had to prove that your grandfather had voted. Pretty hard if they had been a
slave.
White primary the primary was considered private so parties could restrict membership.
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NAACP in its early days did not have political clout to change legislation so they felt the courts were its
best avenue for change. It used test cases to win minor victories as an evolutionary approach.
Brown v. Board of Education unanimous decision that struck down the separate but equal laws in
public schools. Violated the 14
th
amendment, equal protection
De jure segregation is mandated by laws or decreed by government officials.
De facto segregation occurs because of past economic and social conditions such as residential racial
pattern.
Brown II said that segregation must be abandoned “with all deliberate speed”.
Southern resistance used the imprecise wording to delay, delay and delay. Some occasions forced
integration at some facilities such as Little Rock Central High School and the University of Mississippi.
Civil Rights Mobilization: Rosa Parks act of defiance lead to the bus boycott in Montgomery AL. The
courts ruled that buses and facilities must integrate.
SCLC (Southern Christian Leadership Conference) & SNCC (Student Nonviolent Coordinating Committee)
pursued equality for African Americans.
Civil Rights Act of 1964 prohibited racial segregation in public accommodations and racial
discrimination in employment, education, and voting.
From the text “He knew how to get legislation passed and he knew how to talk to the southern
Members of Congress” He was Lyndon Johnson former US Senator for Texas. From the southern
Senators, he got exactly ONE to support the CRAct 64. The other 21 voted NO. Including Al Gore’s dad.
He got 27 of 33 Republicans to support him.
Voting Rights Act of 1965- outlawed literary test and empowered federal officials to enter southern
states to register African American voters.
Civil Rights Act of 1968 dealt with discrimination in housing. Mortgage lenders needed to identify by
race, gender, and income of applicants and the result of their decision.
Retrospective: Underrepresented at the national level. Note: this was not covered in the textbook but is
still testable.
The struggle for civil rights is the struggle for equality.
Do you know the following: Colin Powell, L. Douglas Wilder, Daniel James Jr, Benjamin O. Davis Sr and Jr
OPPORTUNITY GAP
Residential segregation; neighborhood affluence; public school quality; share of employment; share of
home ownership
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Rational Basis Test: Equal protection test used by the Supreme Court that requires a complainant to
prove that the use of a classification such as age, gender, or race is not a reasonable means of achieving
a legitimate government objective. (economic status, sexual preference or age)
Intermediate Scrutiny Test: Equal protection test used by the Supreme Court that requires the
government to prove that the use of classification such as age, gender, or race is substantially related to
an important government objective. (gender discrimination)
Strict Scrutiny Test: Equal protection test used by the Supreme Court that places the greatest burden of
proof on the government to prove that classification such as age, gender, or race are the least restrictive
means to achieve a compelling government goal. (race and ethnic discrimination)
The Bakke case dealt with the University of California, Davis Medical School setting up a quota of 16
slots for African American candidates. Bakke had BS and MS degrees in engineering, a Vietnam veteran
(he was a medic) and scored higher than other admitted candidates sued for ‘reverse discrimination’
based on his ethnicity white. The Supreme Court split the baby. They ruled that quotas were
unconstitutional but that race could be a factor in the whole admissions process. So affirmative action
was constitutional as long as multiple factors were used in the selection process.
Ricci was a New Haven firefighter who quit his second job to study for the promotion test plus hired
someone to audio record all the applicable volumes that one needed to study. The test had been
designed to be a race neutral test focusing on the essentials of the job. Because only one Hispanic
scored high enough for promotion the City threw out the test. Tough luck Ricci. But Supreme Court did
rule in his favor since there was no intended discrimination.
Native Americans: Genocide land confiscation and cultural extermination; Isolation reservations;
Assimilation ban native language and rituals and boarding schools off the reservations; Citizenship -
self-determination, gathering rights, access to lands. How about casinos? Use of mascot names and
images?
Hispanic Americans Largest minority; origins from many different countries. Benefitted from civil rights
acts. MALDEF Mexican American Legal Defense and Educational Fund. How should bilingual
education be addressed or administered?
Asian Americans Quotas limited immigration.
Korematsu v. United States ruled that Franklin Roosevelt’s executive order placing Japanese Americans
in internment camps was constitutional. Did you know that some Italian and German Americans were
also interned?
1973 Rehabilitation Act added disability as discrimination protection;
1975 Education of All Handicapped Children Act enabled all children to a free public education
appropriate to their needs.
Showing Page:
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ADA Americans with Disabilities Act 1990 guarantees access to public facilities, work places, and
communication services. The court has both extended and limited the scope of ADA. AIDS is protected
but correctable problems are not, such as eyeglasses, high blood pressure.
The Walter Reed Hospital was a black eye for Army medicine but the Hospital was CLOSING. How much
would you spend on a facility that was closing?
American Seniors: 38 million over the age of sixty-five. Remember they vote.
AARP one of the most powerful interest groups (size and money)
ADEA - Age Discrimination in Employment Act - (bona fide occupational qualifications) Allowed some
mandatory retirement ages.
However, the court has disallowed age discrimination by state & local government employees in federal
court. (11
th
amendment)
The Suffrage Movement: 1890-1920 National American Woman Suffrage Association concentrated one
securing women the right to vote nationally. Under the Constitution, states determined qualifications
for voting. By 1920 around 13 states allowed women to vote. The 19
th
Amendment granted women the
right to vote throughout the country. States could no longer exclude women.
The Second Women’s Rights Movement: 1961-Present. Status of Women Commission claimed
widespread discrimination. Feminine Mystique challenged women to assert their rights and question
traditional gender assumptions of society.
EEOC - Equal Employment Opportunity Commission established to enforce antidiscrimination measures.
NOW National Organization of Women supported the ERA (Equal Rights Amendment) but it failed.
They have been more effective in the courts.
Did you see the comment that the Obama Cabinet has 6 female members Secretaries of State, Health
& Human Services, Labor and Homeland Security along with EPA and UN ambassador. What is not
mentioned is that, NOW had a fit and wanted 10 of the 20 cabinet positions with female appointees.
Workplace Equity Equal Pay Act 1963 to promote fairness. Military pay charts uses only grade and time
in service.
Equal Pay or Comparable Worth: who should determine what is comparable? Some government
official? Isn’t that arbitrary? How about the marketplace? Supply and Demand?
One year at WBU Prof Lucas made 80% of what I made with them. Fair or Unfair? However she taught 8
classes and I taught 10. She taught 80% of my load. So be careful when you look just at numbers rather
than the whole picture. By the way, we were paid the same per class.
Showing Page:
5/5
Sexual Harassment practice of awarding jobs or jobs benefits in exchange for sexual favors, or the
creation of a hostile work or education environment by unwarranted sexual advances or sexual
conversation.
What do you think is Women’s Role in the Military? Register for the DRAFT?

Unformatted Attachment Preview

Chapter 5 Civil Rights Civil Rights: Protection of historically disadvantaged groups from infringement of their equality by discriminatory action. The Missouri Compromise allowed Missouri to be admitted as a slave state balanced by Maine as a free state. Plus any states formed above the bottom boundary of Missouri (36 degrees, 30 minutes north latitude) could only be admitted as free states. This limited slave states to areas below. Dred Scott was taken to the Free state (IL) & free federal territory (MN) and so he argued that he was emancipated and thus a free man. The Supreme Court rule for Sanford (Scott’s ‘owner’) and ruled that slaves were not citizens and could not bring lawsuits. This invalidated the Missouri Compromise and set the stage for the Civil War. Case Scott v Sanford Emancipation Proclamation took effect Jan 1, 1863 and freed slaves in states that were still in rebellion. Slave states that did not secede still had slaves. Think Maryland, Delaware, Kentucky and Missouri. West Virginia, DC and parts of Louisiana. Thirteenth Amendment prohibited slavery and involuntary servitude. Fourteenth Amendment provided all persons with the privileges and immunities of national citizenship; the guarantee of equal protection of the laws by any state; and the safeguard of due process to protect one’s life, liberty, and property from state interference. Fifteenth 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 race, color, or previous condition of servitude’. Notice it does not say former male slaves. However, most states did not permit women to vote. Jim Crow Laws – legislation in the South that mandated racial segregation in public facilities such as restaurants and restrooms. Plessey v. Ferguson case challenged segregation on Louisiana railroads. Homer Plessey lost his appeal and the court established the “separate but equal” doctrine. Segregation was tolerated even when facilities were clearly unequal. Hence, it became constitutionally protected. Voting barriers Poll taxes – could the individual afford to pay. Literacy tests – could be obscure parts of a state constitution that had to be exactly repeated. Property qualifications – ownership rather than leasing or renting. Grandfather clause – had to prove that your grandfather had voted. Pretty hard if they had been a slave. White primary – the primary was considered private so parties could restrict membership. NAACP – in its early days did not have political clout to change legislation so they felt the courts were its best avenue for change. It used test cases to win minor victories as an evolutionary approach. Brown v. Board of Education – unanimous decision that struck down the separate but equal laws in public schools. Violated the 14th amendment, equal protection De jure segregation is mandated by laws or decreed by government officials. De facto segregation occurs because of past economic and social conditions such as residential racial pattern. Brown II said that segregation must be abandoned “with all deliberate speed”. Southern resistance used the imprecise wording to delay, delay and delay. Some occasions forced integration at some facilities such as Little Rock Central High School and the University of Mississippi. Civil Rights Mobilization: Rosa Parks act of defiance lead to the bus boycott in Montgomery AL. The courts ruled that buses and facilities must integrate. SCLC (Southern Christian Leadership Conference) & SNCC (Student Nonviolent Coordinating Committee) pursued equality for African Americans. Civil Rights Act of 1964 – prohibited racial segregation in public accommodations and racial discrimination in employment, education, and voting. From the text “He knew how to get legislation passed and he knew how to talk to the southern Members of Congress” He was Lyndon Johnson former US Senator for Texas. From the southern Senators, he got exactly ONE to support the CRAct 64. The other 21 voted NO. Including Al Gore’s dad. He got 27 of 33 Republicans to support him. Voting Rights Act of 1965- outlawed literary test and empowered federal officials to enter southern states to register African American voters. Civil Rights Act of 1968 –dealt with discrimination in housing. Mortgage lenders needed to identify by race, gender, and income of applicants and the result of their decision. Retrospective: Underrepresented at the national level. Note: this was not covered in the textbook but is still testable. The struggle for civil rights is the struggle for equality. Do you know the following: Colin Powell, L. Douglas Wilder, Daniel James Jr, Benjamin O. Davis Sr and Jr OPPORTUNITY GAP Residential segregation; neighborhood affluence; public school quality; share of employment; share of home ownership Rational Basis Test: Equal protection test used by the Supreme Court that requires a complainant to prove that the use of a classification such as age, gender, or race is not a reasonable means of achieving a legitimate government objective. (economic status, sexual preference or age) Intermediate Scrutiny Test: Equal protection test used by the Supreme Court that requires the government to prove that the use of classification such as age, gender, or race is substantially related to an important government objective. (gender discrimination) Strict Scrutiny Test: Equal protection test used by the Supreme Court that places the greatest burden of proof on the government to prove that classification such as age, gender, or race are the least restrictive means to achieve a compelling government goal. (race and ethnic discrimination) The Bakke case dealt with the University of California, Davis Medical School setting up a quota of 16 slots for African American candidates. Bakke had BS and MS degrees in engineering, a Vietnam veteran (he was a medic) and scored higher than other admitted candidates sued for ‘reverse discrimination’ based on his ethnicity –white. The Supreme Court split the baby. They ruled that quotas were unconstitutional but that race could be a factor in the whole admissions process. So affirmative action was constitutional as long as multiple factors were used in the selection process. Ricci was a New Haven firefighter who quit his second job to study for the promotion test plus hired someone to audio record all the applicable volumes that one needed to study. The test had been designed to be a race neutral test focusing on the essentials of the job. Because only one Hispanic scored high enough for promotion the City threw out the test. Tough luck Ricci. But Supreme Court did rule in his favor since there was no intended discrimination. Native Americans: Genocide – land confiscation and cultural extermination; Isolation – reservations; Assimilation – ban native language and rituals and boarding schools off the reservations; Citizenship self-determination, gathering rights, access to lands. How about casinos? Use of mascot names and images? Hispanic Americans –Largest minority; origins from many different countries. Benefitted from civil rights acts. MALDEF – Mexican American Legal Defense and Educational Fund. How should bilingual education be addressed or administered? Asian Americans – Quotas limited immigration. Korematsu v. United States ruled that Franklin Roosevelt’s executive order placing Japanese Americans in internment camps was constitutional. Did you know that some Italian and German Americans were also interned? 1973 Rehabilitation Act added disability as discrimination protection; 1975 Education of All Handicapped Children Act enabled all children to a free public education appropriate to their needs. ADA – Americans with Disabilities Act 1990 guarantees access to public facilities, work places, and communication services. The court has both extended and limited the scope of ADA. AIDS is protected but correctable problems are not, such as eyeglasses, high blood pressure. The Walter Reed Hospital was a black eye for Army medicine but the Hospital was CLOSING. How much would you spend on a facility that was closing? American Seniors: 38 million over the age of sixty-five. Remember they vote. AARP –one of the most powerful interest groups (size and money) ADEA - Age Discrimination in Employment Act - (bona fide occupational qualifications) Allowed some mandatory retirement ages. However, the court has disallowed age discrimination by state & local government employees in federal court. (11th amendment) The Suffrage Movement: 1890-1920 –National American Woman Suffrage Association concentrated one securing women the right to vote nationally. Under the Constitution, states determined qualifications for voting. By 1920 around 13 states allowed women to vote. The 19th Amendment granted women the right to vote throughout the country. States could no longer exclude women. The Second Women’s Rights Movement: 1961-Present. Status of Women Commission claimed widespread discrimination. Feminine Mystique challenged women to assert their rights and question traditional gender assumptions of society. EEOC - Equal Employment Opportunity Commission established to enforce antidiscrimination measures. NOW – National Organization of Women supported the ERA (Equal Rights Amendment) but it failed. They have been more effective in the courts. Did you see the comment that the Obama Cabinet has 6 female members – Secretaries of State, Health & Human Services, Labor and Homeland Security along with EPA and UN ambassador. What is not mentioned is that, NOW had a fit and wanted 10 of the 20 cabinet positions with female appointees. Workplace Equity – Equal Pay Act 1963 to promote fairness. Military pay charts uses only grade and time in service. Equal Pay or Comparable Worth: who should determine what is comparable? Some government official? Isn’t that arbitrary? How about the marketplace? Supply and Demand? One year at WBU Prof Lucas made 80% of what I made with them. Fair or Unfair? However she taught 8 classes and I taught 10. She taught 80% of my load. So be careful when you look just at numbers rather than the whole picture. By the way, we were paid the same per class. Sexual Harassment – practice of awarding jobs or jobs benefits in exchange for sexual favors, or the creation of a hostile work or education environment by unwarranted sexual advances or sexual conversation. What do you think is Women’s Role in the Military? Register for the DRAFT? Name: Description: ...
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