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Introduction to American Government. Department of Government and Politics at Sacred Heart University, Fairfield, CT

Introduction to American Government. Department of Government and Politics at Sacred Heart University, Fairfield, CT

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  • School segregation today exists because of de facto segregation. Busing to achieve integration appears to have failed in its goal to improve educational outcomes for all children. The modern focus is on improving education, not integration.
  • Harry Burn after the vote. The Tennessee State Senate Chamber.
  • Many active women’s political organizations work towards increasing the number of female elected officials at all levels. The 111th Congress has 93 female members: 17 senators and 76 representatives. The past (and first female) Speaker of the House is Nancy Pelosi of California, and the Secretary of State is Hillary Clinton.

6 civil rights 2 classes Presentation Transcript

  • 1. Chapter 6: Civil Rights
  • 2. Yes! Civil Liberties prevents government from denying you your freedoms People can invalidate unconstitutional government actions
  • 3. Civil Rights protect minorities from majorities Stops race, religion, gender, ethnic discrimination Invalidates actions by people against people Right to vote, women‟s suffrage, separate is not equal
  • 4. EMANCIPATION, CIVIL RIGHTS AND AFRICAN AMERICANS Dred Scott, Reconstruction and “Jim Crow” Dred Scott (1795–1858)
  • 5. Dred Scott… American slave born in Virginia Moved with owner to Illinois Slavery illegal in Illinois Tried to gain freedom on grounds that he lived in free state of Illinois SCOTUS ruled against him
  • 6. Dred Scott v. Sandford (1857) Black people (slave and free):  not protected by Constitution  not U.S. citizens Regarded as worst decision ever made by SCOTUS!
  • 7. Civil War (1861–1865) identified Republican Party as party of victorious North Republican-dominated Congress forced Reconstruction on South via Constitutional Amendments
  • 8. To the Rescue! Ending Servitude: Reconstruction Amendments  Thirteenth Amendment (1865) prohibits slavery within U.S.
  • 9.  Fourteenth Amendment (1868): • All persons born in U.S. are citizens • States cannot deprive citizens of constitutional rights • Secured rights of former slaves & descendants (overruled Dred Scott v. Sandford). • Equal access (Equal Protection Clause)
  • 10.  Fifteenth Amendment (1870) established right of citizens to vote.
  • 11. Southern Democrat’s Reaction?
  • 12. Separate but Equal Doctrine! Plessy v. State of Louisiana Homer Plessy, part black-part white Under Louisiana law: Plessy black Boards train car designated whites only Arrested
  • 13. Plessy denied 13th and 14th Amendment rights  Judge: Feds cannot regulate within state boundaries Constitution only applied to federal government  Lost appeal to State Supreme Court  Lost appeal to SCOTUS, Plessy v. Ferguson (7-1) Okay if both races had equal, but separate, facilities
  • 14. Two Types of Segregation De jure: Imposed by law • Southern Democrat „Jim Crow Laws‟ • Separate but equal doctrine De facto: Fact of life • Economic, social conditions, personal choice
  • 15. Rosa Parks © Bettmann /Corbis
  • 16. The End of Separate-but-Equal Doctrine! Brown vs. Board of Education (1954):  Struck down separate but equal  Desegregated public schools  De jure segregation violates 14th Amendment  14th amendment now applies to states
  • 17. • White Flight • Public schools still segregated • Schools still unequal • De jure turned into de facto
  • 18. Would school choice solve problems of De Facto segregation?
  • 19. The Civil Rights Movement • Martin Luther King‟s Philosophy of Nonviolence • Another Approach: Black Power
  • 20. (Library of Congress)
  • 21. CIVIL RIGHTS ACT OF 1964 Migration of black Americans to north Gained jobs and education Black middle class develops Black vote now important in national elections NAACP, National Urban League
  • 22. Civil disobedience strategies by MLK JFK campaigns on new Civil Rights Act 70% of black Americans vote JFK
  • 23. Passage! Johnson Administration 73 to 27 in U.S. Senate • Right to Vote • Banned racial discrimination in public places • Required equal employment opportunities • Could withhold federal funds from states
  • 24. Native Americans • Assimilation • Citizenship • Tribal restoration
  • 25. Received full citizenship rights in 1924 Millions of dollars in claims settled for Indian tribes Some tribal lands restored
  • 26. SCOTUS (1831), Cherokee Nation v. Georgia  Tribes not "states"  Not "foreign states” either  Are "domestic dependent nations," with many sovereign powers
  • 27. Congress has full power over Indian affairs Has repeatedly acted to limit tribal power
  • 28. AFFIRMATIVE ACTION: IS IT CONSTITUTIONAL? “Affirmative action” is when government takes positive steps to increase representation of women and minorities in areas of employment, education, and business from which they have been historically excluded
  • 29. Supporters: Rights past wrongs… helps disenfranchised Opposition: Agree with equal opportunities Disagree with guaranteed results Want success based on merit Oppose "reverse discrimination"
  • 30. Jennifer Gratz:  Applicant to Univ. of Michigan  High credentials; not accepted  Made federal case of rejection  Believed rejected because of race  Admission‟s point system  110 academics, 40 “other factors”
  • 31. Should race and ethnicity be considered for college admissions? If Affirmative Action was necessary at one point, is it still necessary? What is equality?
  • 32. Court:  Struck down point system  Upheld right of public universities to use race factors in admissions  And yet, today…?
  • 33. Ricci vs. DeStefano (SCOTUS nomination of Sotomayer)
  • 34. White” New Haven Firefighters Passed examinations, but denied promotions No minority applicant passed
  • 35.  New Haven quota system for promoting minorities  New Haven invalidated exams  White firefighters sued  SCOTUS case  White Firefighters win by 5-4 decision, 2009
  • 36. Women‟s Struggle for Equal Rights
  • 37.  Suffrage What level of government first recognized woman‟s suffrage?
  • 38. International “women‟s suffrage” timeline
  • 39. Saudi Arabia still bans women from voting. Afghan women received right to in 2004… …but obstacles still exist: fear, tradition, apathy
  • 40. American Suffrage Time Line  Women barred from World Anti-Slavery Convention (1840) Activists Stanton and Mott start women‟s rights convention (1848) Back seat to abolition movement Combining two might doom both
  • 41. Const. Amendment proposed (1878): "Right of citizens to vote shall not be abridged by U.S. or States on account of sex" Introduced in next 41 sessions of Congress WY (territory) already allowed women to vote WY admitted as state (1890) UT, CO, ID join WY (1900) Progressive Bull Moose Party 1st to include suffrage plank (1912)
  • 42. Proposal wins 2/3rds vote in Congress favoring Amendment (1919) Proposed amendment sent to states for ratification Need one more state to pass amendment (1920)  One more vote needed in Tennessee State House 24 year old Rep. Harry Burn casted deciding vote for suffrage
  • 43. At time, Harry Burns had in his pocket a letter from mom “Don't forget to be a good boy and vote for suffrage.”
  • 44. Ended struggle that lasted 72 years, 1 month, and 5 days.
  • 45. Women in the Work Force Progress or not that 70% of women in U.S. work full time? Is full equality between sexes possible? Men still dominate national political institutions. Fair or unfair?
  • 46. o Some career fields divided by sex: Which ones? Discrimination? Female president? o Do natural differences between genders exist causing career divisions?
  • 47. Abortion  Pre-1973 crime at state level except to save mother‟s life  1960s: 12 states permit for rape, incest, physical health  1970: NY, AK, HI, WA allow for any reason with doctor‟s approval  SCOTUS (1973): “Liberty” in Constitution includes abortion Ruled “person” in Constitution didn't include unborn baby
  • 48. In 1973 sonograms & ultrasounds did not exist If they did would Roe been ruled differently?
  • 49. Regulations and Other Issues  Tax funds not to be used for abortions (Hyde Amendment)  No funding under Medicaid (care for poor)  Unborn Child Pain Awareness Act Failed to pass Congress in 2006 (Anesthesia)  SCOTUS (5–4, 2007): Partial Birth Abortion Ban Act constitutional  RU486 – Morning after pill
  • 50. Gallup Poll
  • 51. The Modern Women’s Movement • Additional Women‟s Issues – Domestic violence – Pornography (divided feminists) – Gender discrimination in employment – Sexual Harassment – Laws punishing rape
  • 52. President Kennedy: Equal Pay Act of 1963 JFK signs bill providing women equal pay
  • 53. Gender-Based Discrimination in Workplace • Wage Discrimination – Recent figures show women earn 76 cents for every dollar made by a man. – Glass Ceiling
  • 54. Hispanics in America
  • 55. Immigration, Hispanics, and Civil Rights • Immigration rates highest since early 20th century. • By 2050, minority groups collectively will constitute majority of Americans.
  • 56. Supreme Court Justice Sonia Maria Sotomayor
  • 57. Illegal Immigration • Mostly Latin Americans entering states bordering Mexico looking for work. • Issues include: – Citizenship – Border Crime
  • 58. Special Protections for Older Americans 1967 Age Discrimination in Employment Act – Prohibits age discrimination in all but limited number of occupations – Mandatory retirement largely illegal
  • 59. Securing Rights for Persons with Disabilities • Americans with Disabilities Act – No job discrimination against disabled – Requires physical access to public buildings and services
  • 60. Rights and Status of Homosexual Males and Lesbians • Growth verses stagnation in Gay Rights movement • Laws strengthening traditional marriage • Religious liberty issues
  • 61. Gay Community and Politics - Gay activists play role in both parties Gay Men and Lesbians in Military Child Custody and Adoption Same-Sex Marriages
  • 62. Gay Rights Movement Lawrence v. Texas (2003): SCOTUS rules unconstitutional state laws barring sodomy Defeat of Don‟t Ask Don‟t Tell DOMA and Prop. 8
  • 63. December 7, 2012
  • 64.  Gay and black civil rights movements? Are they comparable?
  • 65. Is marriage a U.S. Constitutional right? Yes, on race: SCOTUS, Interracial Marriage Ruling, Loving v. Virginia No SCOTUS ruling declaring “sexual preference” as having same status as “race”