Civil Rights in American Politics

1. Civil Rights in American Politics When can government make distinctions, classify people or treat them differently; in a sense, when can it discriminate? AP American Government Chapter 19: Wilson Homework: Assignment 5 Quiz due Monday

2. What is the meaning of “civil rights” • Rights accorded to every citizen • “Rights to personal liberty established by the 13th and 14th Amendments to the U.S. Constitution and certain Congressional acts, especially as applied to an individual or a minority group.” • The idea that we are all equal, and deserve the same rights no matter who we are or where we live • Based mostly on the “equal protection” clause of the 14th amendment • Also due process clause, privileges and immunities clause of the 14th • Laws cannot discriminate, or treat people differently, unless they are reasonably related to some justifiable government objective • Otherwise, these laws are considered unconstitutional.

3. Equality and the Constitution • Is “equality” mentioned anywhere in the original text of the Constitution? • Where/when does the idea that all Americans (or people) are equal first appear? • When does the idea first make it into the Constitution? • What was the purpose of this amendment? • 14th amendment: • Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. • No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; • nor shall any State deprive any person of life, liberty, or property, without due process of law; • nor deny to any person within its jurisdiction the equal protection of the laws.

4. The Origin of the Civil Rights Movement • Begins with the passage of the 13th and 14th amendments • Reconstruction does little for African-Americans in the South • For nearly a century afterwards, very little changes • Plessy vs. Ferguson (1896) • Rules that even the “equal protection” clause only means government must provide equal (but can be separate) facilities • The “equality” of these facilities was often questionable • Not until the 1940s/50s do blacks see any change in their circumstances – why? • Organized minority opposed granting rights to blacks • Racism was still a majority sentiment • Blacks could not vote • Thus using the legislature was not the preferred strategy

5. The Civil Rights Movement: The Campaign in the Courts: Leading to Brown • Why did civil rights leaders turn to the courts to attempt to gain civil rights? • Beginning in the 1930s, the NAACP begins to fight the "separate but equal" doctrine (Plessy).  • Chose to concentrate efforts on segregation in public education, where they thought the adverse effects of the enforced racial separation could be most easily demonstrated.  • Several court decisions chipped away at the SbE doctrine before Brown abolished it legally • Gaines vs. Canada(1938) – black student must be permitted to attend white law school, but what was the catch? • Sweatt vs. Painter (1948) – even a SbE facility (law school) could not provide equal opportunities (protection) for blacks

6. Brown vs. Board of Ed: Separate is unequal • How did the Brown decision reach a different conclusion? • Http://video.google.com/videoplay?docid=2788847772115070323#

7. The Campaign in Congress: Non-violent Civil Disobedience • After Brown, however, Civil Rights leaders recognized the need to change public opinion, not just to win legal battles • These were sometimes difficult to enforce, and Congress was often reluctant to act on Court decisions or change the law • The movement begins using non-violent civil disobedience • Attempt to appeal to moderate whites who were nonetheless disinterested in the plight of blacks • What changed to enable these laws to be enacted? • Public opinion changes • Images of violence against non-violent protestors • Assassination of JFK believed by some to be right-wing anti-civil rights motivated