Civil Rights Chapter 14
Bias/Unfairness against any group on the basis of real or preconceived differences
Heterogeneous Society A society made up of people from different backgrounds. The U.S. is a heterogeneous society, composed of whites, Native Americans, & other ethnic groups. Population of the U.S. is predominantly white. In 2000 (% of population): White non-Hispanic---69.1%, Hispanic---12.5%, African American---12.3%, Asian American 3.6%.
In 2050 (projected): White non-Hispanic---52.8%, Hispanic 24.3%, African American 14.7%, Asian American 9.3%.
Immigrants Aliens legally admitted as permanent residents. Many African, Asian, & Hispanic immigrants reside in the U.S. Refugees ---People who leave their homes to seek protection from war, persecution, or some other danger.
Many refugees from Central America & South America reside in the U.S.
Race-Based Discrimination: African Americans 1. African Americans make up the largest minority group in the U.S. 12% of American people are African American. 2. African American have been the victims of consistent, unjust treatment for a longer period of time than any group of Americans (according to your book.)
Most came to America via the slave trade.
Not the Civil War, nor the 13 th Amendment ended racial discrimination. 3. Most of the gains the nation has made have come out of the work by & on behalf of African Americans.
Ex.) Martin Luther King Jr., Medgar Evers, Jesse Jackson.
Native Americans 1650’s---one million Native Americans in U.S. Disease & military campaigns 2.7 million Native Americans in the U.S., but over a third live on reservations. Reservations---public lands set aside by a government for use by Native American tribes. Poverty, joblessness, & alcoholism are big problems on the reservations.
Life expectancy on reservations is ten years less than the national average.
Hispanic Americans Hispanics may be of any race. Four main groups of Hispanic Americans:
4. Central & South Americans (many are refugees)
Asian Americans Assimilation —Process by which people of one culture merge into & become part of another culture. Chinese laborers in the 1850’s. Chinese Exclusion Act of 1882.
WWII relocation camps---120,000 (2/3 of those were native born.)
Four million Asian immigrants since 1965. More than 11 million in the country, & fastest growing minority group. Majority population in Hawaii. Discrimination against women Property rights, education, & employment. July 19, 1848 Seneca Falls, New York---convention on women’s rights.
Women hold only about 10% of Congressional seats.
Only eight female governors. The Equal Pay Act of 1963 requires employers to pay men & women the same wages if they perform the same jobs in the same establishment under the same working conditions. The Civil Rights Act of 1964 prohibits job discrimination based on sex. Education & experience play a role in why women are paid less than men. ¾ of the jobs held by women are low paying clerical & service occupations.
98% of all secretaries are women, 93% of all nurses, 90% of all hairdressers.
Equal Protection Clause Benefit newly freed slaves. Today, governments may not draw unreasonable distinctions between classes of people. Segregation---the separation of one group from another.
Jim Crow laws were aimed at African Americans.
Separate-but-Equal Doctrine Upheld a Louisiana state law requiring segregation in rail cars. Supreme Court decided it did not violate the Equal Protection Clause because “SEPARATE FACILITIES PROVIDED FOR AFRICAN AMERICANS WERE EQUAL TO THOSE FOR WHITES.
Justification in other fields.
Brown V. Board of Education of Topeka, Kansas
Supreme Court combined five cases: Belton V. Gebhardt (Delaware) Brown V. Board of Education (Kansas) Briggs V. Elliott (South Carolina) Davis V. Prince Edwards County School Board (Virginia) Bolling V. Sharpe (District of Columbia) Brown listed first because he was the only male plaintiff.
Not the 1 st to challenge 1849
Topeka, Linda Brown, a third grader, had to walk one mile through a railway switchyard to get to her black school. A white school was only seven blocks away. Her father tried to enroll her in the white school, but the principal refused. Father, Oliver Brown, went to the NAACP (National Association for the Advance of Colored People) for help. NAACP had been looking for the right case at the right time.
Board’s defense that this school helped prepare students for the real world.
Supreme Court in 1952, decision in 1954. Earl Warren, California, Republican Swayed the court in his favor. “ Separate but equal has no place. Separate educational facilities are inherently unequal.” Briggs, Claredon County, South Carolina Thurgood Marshall, not popular to take the case.
Rev. J.A. DeLaine convinced African American parents to join the suit.
Integration 1955, the Court ordered all states to make a “prompt & reasonable start” & to end segregation with “deliberate speed.” “ Reasonable start” made in Baltimore, Louisville, & St. Louis. Integration —the process of bringing a group into the mainstream of society.
States passed laws & school boards worked to block integration.---Unconstitutional.
By 1970, de jure segregation had been abolished (segregation by law with legal sanction.) Efforts to desegregate —school districts lines redrawn, busing to neighboring districts. Swann v. Charlotte-Mecklenburg Board of Education , 1971---Supreme Court ruled that “desegregation plans cannot be limited to walk-in schools.” Busing used to increase racial mix.
Some ordered by the courts, other voluntarily.
Segregation struck down in other places as well: public swimming pools, local transportation, prisons & jails, child custody cases. 1967, Loving v. Virginia , (laws that forbid interracial marriages), struck down by the courts. Only reference to sex is the 19 th Amendment.
Classification by sex is not unconstitutional, however, laws that treat men & women differently will be overturned unless they are intended to serve an important governmental objective or they are substantially related to achieving that goal.
Civil Rights Civil Rights Act of 1964 —Longest debate in Senate history (83 days) Outlaws discrimination in a number of areas. 1. No person may be denied access to or refused service in various public accommodations because of race, religion, color, or national origin. (Title III)
2. Prohibits discrimination against any person on grounds of race, color, religion, national origin, sex, or physical disability in any program that receives any federal funding:
Civil Rights Requires the cut off of funds to any program that practices such discrimination. (Title VI) 3. Forbid employers & labor unions to discriminate against any person on grounds of race, color, religion, sex, physical disability, or age in job-related matters. (Title VIII) Civil Rights Act of 1968 ---Open Housing Act
Affirmative Action —Policy that requires that most employers take positive steps to remedy the effects of past discriminations.
Applies to all agencies & employers that do business with the federal government. Work force must reflect the general makeup of the population in its locale. Quotas ---Requiring certain numbers of jobs or promotions for members of certain groups.
Critics say affirmative action is reverse discrimination, or discrimination against the majority group.
Regents of the University of California v. Bakke 1978---Allan Bakke (white male) Denied access to medical school at UC-Davis
Court ruled 5-4 in favor of Bakke, (had been denied equal protection & should be admitted to the school.)
Immigration In a paragraph 5 to 7 developed sentences, summarize your feelings on immigration. Is it strict enough? Should we relax our requirements?
Do not use any negative or degrading terms.
Citizen —one who owes allegiance to a nation-state & is entitled to its protection. Over 90% of those living in the U.S. are citizens. Citizen by birth----either jus soli or jus sanguinis . Jus soli---law of the soil (where you were born), includes Guam, Virgin Islands, Puerto Rico, embassies, military bases, etc.
Jus sanguinis---law of the blood (to whom one is born).
A child born to an American citizen on foreign soil becomes a citizen if: 1. Both parents are American citizens, & at least one has lived in the U.S. or an American territory at some time.
2. One parent is an American citizen who has lived in the U.S. for at least ten years, five of them after the age 14, & the child has lived in the U.S. continuously for at least five years between the ages of 14 & 28.
Naturalization —Legal process by which a person becomes a citizen of another country at some time after birth. 800,000 aliens each year become naturalized citizens. Alien —Citizen or national of a foreign state living in another country. To become a naturalized citizen, a person must:
*Be at least 18 years old
*Have entered the country legally, lived in the U.S. for at least five years *File a petition for naturalization with the clerk of a federal district court or a State court of record *Be literate in the English language *Be “of good moral character” *Know & understand U.S. history & government *Take an oath of affirmation Two ways to lose American citizenship
Expatriation & Denaturalization
Expatriation ---legal process by which a loss of citizenship occurs (American citizens have the right to renounce his/her citizenship) Denaturalization ---lose citizenship involuntarily after it has been shown that the person became a citizen by fraud or deception.
Deportation —a legal process in which aliens are legally required to leave the U.S.
Most common reason for deportation is illegal entry. Roughly nine million undocumented aliens in the U.S. in 2004.
An employer who knowingly hires an undocumented alien can be fined from $250 to $10,000. Repeat offenders can be sentenced to six months in jail.
Immigration Question There is a debate going on whether the Statue of Liberty symbolizes “Liberty” or Immigration or both.
These words were written to honor the Statue of Liberty:
Words “Give me your tired, your poor, Your huddled masses yearning to breathe free; the wretched refuse of your teeming shore.”
With these words in mind do you feel this is an accurate description of United States immigration policy? Explain.