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Civil Rights in the Courts

Civil Rights in the Courts. We will summarize the evolution of civil rights court cases and the strategy used in these cases. 11.10.2-3. Lesson Objective. We will summarize the evolution of civil rights court cases. Prior Knolwedge. What is emancipation? What is segregation?

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Civil Rights in the Courts

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  1. Civil Rights in the Courts We will summarize the evolution of civil rights court cases and the strategy used in these cases. 11.10.2-3

  2. Lesson Objective • We will summarize the evolution of civil rights court cases.

  3. Prior Knolwedge • What is emancipation? • What is segregation? • What was the Great Migration? • What were Jim Crow Laws? • Why were African Americans migrating to the North?

  4. Rights as Citizens • Dred Scott v. Sandford • Scott taken to Illinois (free state) and back to a Missouri (slave state). • Scott should have attempted to gain his freedom while in Illinois • He sued, claiming he should remain free • In 1857 U.S. Supreme Court rules: • AA’s could not become citizens of the United States and had no rights to sue in the courts. • Power of federal government to prohibit slavery in new territories was limited • In 1868, the 14th Amendment gave AA the rights of citizens. Dred Scott CFU – What role are African Americans play in America?

  5. Separate but Equal • Jim Crow Laws • Prevented AA’s from using the same public facilities as whites • “Separate but Equal” • Plessyv. Ferguson • Homer Plessy tested the law by sitting in a “whites only” railroad car. • 1/8th Black & 7/8 White • Claimed separate facilities violated equal protection clause in the 14th Amendment • Supreme Court rules: Separate facilities were legal as long as they were equal • “separate but equal” allowed segregation across the South CFU – What extent does skin color play in deciding race?

  6. Separate but Equal • Brown vs. The Board of Education • Oliver Brown sued the school board in Topeka, Kansas • His daughter had to attend a school far away instead of one nearby for whites only. • Lawsuits from other states challenging “separate but equal” were combined into Brown v. Board of Education • In 1954, Supreme Court ruled that segregated schools were unequal by their very nature of being separate. • Segregation and Jim Crow Laws thrown out • Schools resisted desegregation • More court orders were required CFU – What role does this case play in your education today?

  7. Affirmative Action • “Affirmative action” first used by Pres. Kennedy • Described programs that would favor AA’s in jobs and college admissions • Opponents claimed the policy discriminated against more qualified whites • CFU – What is your opinion on affirmative action?

  8. Affirmative Action • Regents of the University of California v. Bakke • Allan Bakke applied to UC Davis school of medicine • Rejected, even though minorities (Blacks and Hispanics) were admitted with lower scores • In 1978, Supreme Court ruled: • A rigid (tough) quota system for university medical school admission was unfair. • It had allowed race to be one factor considered for entry into the program • Proposition 209 • Passed in California in 1996 • Ended state-controlled affirmative action programs • Minority enrollments in California universities dropped

  9. Allan Bakke graduating from UC Davis School of Medicine

  10. Brain Drain • The constitutional basis for the 1954 decision of the Supreme Court in Brown v. Board of Education is the guarantee of • (1) freedom of assembly • (2) due process of law • (3) state control of interstate commerce • (4) equal protection of the law • The Jim Crow legal system, which expanded in the South after Plessyv. Ferguson (1896), was based on the Supreme Court’s interpretation of the • (1) due process clause of the 5th Amendment • (2) states’ rights provision of the 10th Amendment • (3) equal protection clause in the 14th Amendment • (4) voting rights provision in the 15th Amendment • Which of the following is a correct statement about the Supreme Court decision in Regents of the University of California v. Bakke? • (1) It extended the scope of the Brown v. Board of Education decision. • (2) It required busing to achieve integration in public schools. • (3) It limited the power of the President to spend money on education. • (4) It was the first limit on affirmative action programs.

  11. Review • Describe Dred v. Scott case and its outcome. • What are Jim Crow Laws? • Describe Plessyv. Ferguson • Describe Brown v. the Board of Education • Describe Regents of the University of California v. Bakke • What is proposition 209? Describe its effects on minorities. • What is the NAACP? • What were its goals? • Who supported the NAACP?

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