Civil rights movement
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Civil Rights Movement. Summary and Modern Concerns. Thus Far . . . Focus on Rights of African-Americans Factors in Change: Electoral Strength Organization (NAACP) Working within the system – lobbying, litigation Grassroots – protests, boycotts, civil disobedience Changing Public Opinion

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Civil Rights Movement

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Civil rights movement

Civil Rights Movement

Summary and Modern Concerns


Thus far

Thus Far . . .

  • Focus on Rights of African-Americans

  • Factors in Change:

    • Electoral Strength

    • Organization (NAACP)

      • Working within the system – lobbying, litigation

      • Grassroots – protests, boycotts, civil disobedience

    • Changing Public Opinion

    • National Leadership (Truman, Kennedy, Johnson)


Changes

Changes

  • Court’s Interpretation of 14th Amendment

    • Strict Scrutiny for “Suspect Classification” of Race

      • Compelling government interest

      • Means narrowly tailored

  • Legislation

    • Civil Rights Act of 1964

    • Voting Rights Act of 1965

    • Fair Housing Act


Contemporary issues other racial and ethnic minorities

Contemporary Issues:Other Racial and Ethnic Minorities

  • Latinos

  • Asian Americans

  • Native Americans


What is affirmative action

What Is “Affirmative Action”?

  • Race-conscious policies designed to increase opportunities for women and minorities

  • Goals:

    • Remedying the effects of past discrimination by the organization creating the policy

    • Remedying the effects of discrimination in earlier stages of education, training, and employment

    • Increasing diversity within the organization creating the policy


Arguments in favor of aa

Arguments in Favor of AA

  • Discrimination is class-based, so remedy should be as well

  • Provides a catalyst for eliminating institutional and social inequalities

  • Creates a diverse educational or labor force which is (arguably) inherently more productive


Arguments against aa

Arguments Against AA

  • “Conservative” Arguments

    • Our system is supposed to reward individual achievement, regardless of group membership

    • We cannot overcome group-based discrimination by perpetuating group-based decisions

  • “Critical Race/Gender Theory”

    • Creates the impression that minorities/women cannot achieve on their own merits (actually undermines tolerance)

    • Encourages “tokenism” and creates the illusion that discrimination is “fixed”


Affirmative action and the equal protection clause

Affirmative Action and the Equal Protection Clause

  • When we’re talking about AA policies by governments as employers or educators

  • Race conscious policy => strict scrutiny

    • Compelling government interest

    • Narrowly tailored means for achieving that interest


Aa in state education the michigan cases

AA in State Education: The Michigan Cases

  • Undergrad

    • Points awarded for all sorts of “desirable” characteristics

    • Points given for membership in certain racial minorities

  • Law School

    • “Mushy” admissions

    • Race may or may not count, no idea of how much


The michigan cases

The Michigan Cases

  • Amicus briefs supporting the Michigan policies

    • 65 American businesses

      • 3M, Microsoft, Lockheed Martin, Eli Lilly, Coca-Cola, etc.

    • Officers and civilian leaders of the U.S. military

      • Wesley Clark, Norman Schwarzkopf, Anthony Zinni


What the court said

What the Court Said

  • Compelling Interest

    • Diversity in education is a compelling interest

  • Narrowly Tailored Means

    • Mechanical treatment of race is not acceptable

    • Law school’s “individualized” analysis is o.k.

    • Undergrad’s point system is not o.k.

    • Similarly, straight quotas and set-aside programs are not o.k.


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