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Prentice Hall PoliticalScience Interactive. Shea, Green, and Smith Living Democracy Chapter 6 Civil Rights. The Controversy over Affirmative Action. How does affirmative action in universities differ from other preferential criteria in admissions?

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prentice hall politicalscience interactive

Prentice HallPoliticalScienceInteractive

Shea, Green, and Smith

Living Democracy

Chapter 6

Civil Rights

the controversy over affirmative action
The Controversy over Affirmative Action
  • How does affirmative action in universities differ from other preferential criteria in admissions?
  • University of California v. Bakke (1978) was one of the earliest challenges to affirmative action in universities
what are civil rights
What Are Civil Rights?
  • Civil rights issues: concerned with questions of equal status and treatment
  • Civil liberties issues: concerned with questions of the freedoms and due process provided by the Bill of Rights
the ideal of equality
The Ideal of Equality

The Founders believed in political equality. But for whom?

the ideal of equality1
Equality of Condition

The government takes direct action to reduce economic disparities between citizens

Equality of Opportunity

The government seeks to eliminate some discriminatory barriers to education, employment, and public accommodation

The Ideal of Equality
the ideal of equality2
The Ideal of Equality

The drive for civil rights focused on

  • Equal access to voting
  • Prohibition of certain forms of “categorical discrimination”

Categorical discrimination

Exclusion, by reason of race, gender, or disability, from public education, employment, housing, and public accommodations

equal protection of the law
Equal Protection of the Law

Race-based slavery and the years of racial discrimination that followed laid the foundation for contemporary racial disparities in wealth, education, housing patterns, and employment opportunities

equal protection of the law1
Equal Protection of the Law
  • Freed slaves and their descendents had no accumulated or inherited assets
  • Because of the visibility of their skin color, African Americans were easy to exclude from institutions dominated by whites
the fourteenth amendment and reconstruction
The Fourteenth Amendment and Reconstruction

Black Codes

Denied blacks equality before the law and political rights, and imposed on them mandatory year-long labor contracts, coercive apprenticeship regulations, and criminal penalties for breach of contract.

the fourteenth amendment and reconstruction1
The Fourteenth Amendment and Reconstruction

Three constitutional amendments were aimed at providing protection for African Americans

  • Thirteenth Amendment (1865)
  • Fourteenth Amendment (1868)
  • Fifteenth Amendment (1870)
the rise and persistence of racial oppression
The Rise and Persistence of Racial Oppression
  • President Hayes withdrew federal occupation troops from the South in 1876
  • White-dominated governments in the South did everything possible to keep African Americans from voting
the rise and persistence of racial oppression1
The Rise and Persistence of Racial Oppression

Jim Crow laws were enacted that mandated rigid racial segregation throughout southern society

the rise and persistence of racial oppression2
The Rise and Persistence of Racial Oppression

Plessy v. Ferguson (1896)

Supreme Court ruled that there was no violation of the constitutional right to equal protection when states had “separate but equal” facilities and services for people of different races

the rise and persistence of racial oppression3
The Rise and Persistence of Racial Oppression

De Jure

Segregation

Segregation and discrimination mandated by state and local laws

De Facto

Segregation

Segregation and discrimination enforced through informal and semi-formal norms and practices

pathways profile fred korematsu
Pathways Profile: Fred Korematsu
  • During WWII, Japanese Americans ordered into detention camps
  • Korematsu challenged the order and refused to report for detention
litigation strategies and school segregation
Litigation Strategies and School Segregation
  • The National Association for the Advancement of Colored People (NAACP) sought to use the court-centered pathway to challenge segregation and discrimination
  • NAACP created at a moment when African Americans faced their greatest hostility from American society
litigation strategies and school segregation1
Litigation Strategies and School Segregation
  • In 1953, the Supreme Court heard the case of Brown v. Board of Education, argued by NAACP attorney, Thurgood Marshall
  • Court overturned Plessy v. Ferguson

JFK Speaks on Civil Rights

clarifying the coverage of the equal protection clause
Clarifying the Coverage of the Equal Protection Clause

The Supreme Court’s 1873 Bradwell v. Illinois decision upheld a statute prohibiting women from becoming licensed attorneys in Illinois

The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.

-Justice Joseph P. Bradley

clarifying the coverage of the equal protection clause1
Cases alleging discrimination by race or national origin

Cases alleging gender discrimination

Clarifying the Coverage of the Equal Protection Clause

Moderate Scrutiny

The government need only show a substantial justification, rather than a compelling reason, to explain the differential treatment of men and women

Strict Scrutiny

The government must show a compelling justification for any laws, policies, or practices that result in racial discrimination

african americans and civil rights
African Americans and Civil Rights

1. Brown v. Board of Education of Topeka (1954)

  • Murder of Emmett Till in 1955 by several white men

Several events in the 1950s served to mobilize and divide the nation around the issue of equal rights for African Americans

The Emmett Till jury

african americans and civil rights1
African Americans and Civil Rights

3. Rosa Parks is arrested after she refuses to give up her bus seat in 1955

  • NAACP enlists Dr. Martin Luther King Jr. to lead a boycott in Montgomery, AL
african americans and civil rights2
African Americans and Civil Rights

You may well ask, ‘Why direct action? Why sit-ins, marches, and so forth? Isn’t negotiation a better path?’ You are quite right in calling for negotiations. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue.

-Dr. Martin Luther King Jr.

african americans and civil rights3
African Americans and Civil Rights
  • 1963 March on Washington
    • 250,000 participants
  • 1964 Civil Rights Act passed
  • 1965 Voting Rights Act enacted

MLK – I Have A Dream

women and civil rights
Women and Civil Rights
  • Fifteenth Amendment did not bar denial of the vote on the grounds of gender
  • Women had to fight for universal suffrage
women and civil rights1
Women and Civil Rights

Strategies used by suffragists

  • Formed organizations like the National Woman Suffrage Association
  • Lobbying
  • Education through publications and speeches
  • Civil disobedience
  • State-wide ballots
women and civil rights2
Women and Civil Rights

[1] The right of citizens in the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

[2] Congress shall have power to enforce this article by appropriate legislation

The Nineteenth Amendment (1920)

latinos and civil rights
Latinos and Civil Rights
  • Latinos have suffered discrimination in housing, employment, public accommodations, and education and have faced harsh treatment from police and other government officials
  • Cesar Chavez founded the National Farm Workers Association to organize Latinos
contemporary civil rights issues
Contemporary Civil Rights Issues

Many other groups have fought for civil rights over the last 30 years: people with disabilities, homosexuals, and Native Americans