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  • Civil Rights: Public policies and legal protections concerning equal status and treatment in American society to advance the goals of equal opportunity, fair and open political participation, and equal treatment under the law without regard to race, gender, disability status, and other demographic characteristics. Equality of Opportunity: A conception of equality that seeks to provide all citizens with opportunities for participation in the economic system and public life, but accepts unequal results in income, political power, and property ownership. Equality of Condition: A conception of equality that exists in some countries that value equal economic status as well as equal access to housing, health care, education, and government services.
  • TABLE 5.1 Rights, Pathways, and Results in Advancing Equality of Opportunity
  • TABLE 5.1 Rights, Pathways, and Results in Advancing Equality of Opportunity (Continued)
  • Slavery existed in all thirteen American colonies, although in the North it was less extensive and abolished years earlier— within decades of the American Revolution—than in the South. State laws mandating the gradual emancipation of slaves in New York and Connecticut, for example, meant that there were still small numbers of slaves in those states as late as 1827
  • The Civil War, once ended, did not immediately improve the lot for the freed slaves. Southern legislatures enacted Black Codes, which 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. Under the Reconstruction Act of 1867, the southern states were required to establish new state governments that granted voting rights to African American men. The Thirteenth Amendment (1865) abolished slavery. The Fourteenth Amendment (1868) extended to former slaves the rights of full citizenship, including the equal protection of the laws and the right to due process under the law. The Fifteenth Amendment (1870) sought to guarantee that men would not be denied the right to vote because of their race.
  • Several electoral results in several southern states were in dispute, preventing either Hayes or Tilden from claiming an Electoral College victory. After a special commission (consisting of members of Congress and the Supreme Court) awarded Hayes all the disputed electoral votes, Hayes became president—and promptly withdrew the federal occupation troops from the South. Ending federal occupation permitted southern states greater freedom in developing laws and policies. After 1876, in one southern state after another, self-styled conservative, white-dominated governments came to power and did everything possible to raise legal barriers to black political participation. The South practiced de jure segregation, in which state and local laws mandated discrimination and separation. Northern cities used less formal means, often labeled de facto segregation, wherein segregation was achieved through more subtle approaches
  • The National Association for the Advancement of Colored People (NAACP), a civil rights advocacy group founded by African Americans and their white supporters in 1909, sought to use the court pathway to attack the forms of segregation and discrimination endorsed by the Supreme Court’s decision in Plessy v. Ferguson (1896). Earl Warren felt strongly that racial segregation violated the equal protection clause. Using his leadership skills and effective persuasion, he convinced his reluctant colleagues to join a strong opinion condemning racial segregation and overturning the “separate but equal” doctrine Brown v. Board of Education of Topeka (1954): A U.S. Supreme Court decision that overturned Plessy v. Ferguson (1896) and declared that government-mandated racial segregation in schools and other facilities and programs violates the equal protection clause of the Fourteenth Amendment. In 1967, the Supreme Court struck down state miscegenation laws that prohibited people from marrying individuals of a different race ( Loving v. Virginia).
  • The Supreme Court analyzes equal protection cases through three different tests, depending on the nature of the discrimination alleged in the case. The three tests are strict scrutiny, intermediate scrutiny, and the rational basis test. Under strict scrutiny, the Court asks if the government has a compelling reason for the law, policy, or program that clashes with a fundamental freedom or treats people differently by “suspect” demographic characteristics (i.e., race, alienage, ethnicity)? Under intermediate scrutiny, the court asks if discrimination from a law, policy, or government practice is substantially related to the advancement of an important government interest? The rational basis test asks if the government’s law, policy, or practice is a rational way to advance a legitimate government interest?
  • TABLE 5.3 Three Tests for the Equal Protection Clause
  • Martin Luther King Jr. (1929–1968): A civil rights leader who emerged from the Montgomery bus boycott to become a national leader of the civil rights movement and a recipient of the Nobel Peace Prize. The Little Rock Nine, a group of African-American students who attempted to enroll at all-white Little Rock Central High School in Arkansas after a successful court case in 1957 Three civil rights workers in Mississippi were abducted and murdered as they sought to register African American voters.
  • All those Civil Rights Acts contained provisions aimed at barriers to voting. However, because they relied on litigation for enforcement, they all proved ineffective, as states frequently found new ways to discriminate. Civil Rights Act of 1964: A federal statute that prohibited racial discrimination in public accommodations (hotels, restaurants, theaters), employment, and programs receiving federal funding. The Voting Rights Act of 1965 sought to prevent the racial discrimination that limited African Americans’ access to the ballot which required officials in designated districts, primarily in southern states to obtain “preclearance” through the Department of Justice and the U.S. attorney general before making any changes in elections and voting procedures. U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.
  • Universal suffrage: The right to vote for all adult citizens. One of the most prominent organizations, the National Woman Suffrage Association, was founded in 1869 and led by Susan B. Anthony and Elizabeth Cady Stanton Bradwell v. Illinois had established a long-standing precedent that provided judicial endorsement of laws that discriminated against women because of their gender. In the 1970s, the Women’s Rights Project of the American Civil Liberties Union (ACLU) tried to copy the approach of the NAACP. Producing the first win in Reed v. Reed (1971), the Supreme Court overturned Idaho’s inheritance statute that mandated preferences for men; and in Craig v. Boren (1976), a majority of justices struck down an Oklahoma law that mandated a higher drinking age for men than for women.
  • César Chávez (1927–1993) Latino civil rights leader who founded the United Farm Workers and used nonviolent, grassroots mobilization to seek civil rights for Latinos and improved working conditions for agricultural workers.
  • U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.
  • U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.

0205084567 ch05 0205084567 ch05 Presentation Transcript

  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights CHAPTER5
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Ideal of Equality Describe the idea of equality that underlies the governing system of the United States. Equal Protection of the Law Trace the historical development of civil rights in the United States. Litigation Strategies Analyze how litigation strategies contributed to the dismantling of official racial segregation. Clarifying the Coverage of the Equal Protection Clause Differentiate between the various tests used by the Supreme Court when deciding discrimination claims under the equal protection clause. Key Objectives 5.1 5.4 5.3 5.2 Click on buttons to go to the relevant slide.
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Grassroots Mobilization and Civil Rights Identify the events and factors that influenced the development of the grassroots civil rights movement. Women, Latinos, and Civil Rights Compare and contrast the civil rights struggles of women, Latinos, and African Americans. Contemporary Civil Rights Issues Evaluate the continuing debates, lawsuits, and protests over civil rights in the twenty-first century. Key Objectives 5.5 5.7 5.6 Click on buttons to go to the relevant slide.
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Ideal of Equality • Civil rights are legal protections for equality and participation in the governing processes – Equality of opportunity versus equality of condition Describe the idea of equality that underlies the governing system of the United States. 5.1 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Ideal of Equality 5.1 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Ideal of Equality 5.1 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Equal Protection of the Law • Slavery existed in all thirteen American colonies • Race-based slavery and the subsequent decades of racial discrimination laid the foundation for today’s racial gaps in wealth, education, housing patterns, and employment opportunities Trace the historical development of civil rights in the United States. 5.2 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Fourteenth Amendment and Reconstruction • Civil War – Black Codes – Reconstruction Act of 1867 – Thirteenth, Fourteenth and Fifteenth Amendments 5.2 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rise and Persistence of Racial Oppression • Presidential election of 1876 • Reconstruction ends • Klu Klux Klan prevents blacks from voting or otherwise asserting political and social equality – Jim Crow and other vestiges of slavery – Plessy v. Ferguson 5.2 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Litigation Strategies • NAACP and Earl Warren • Litigation strategies – Brown v. Board of Education (1954-1955) – Loving v. Virginia (1967) Analyze how litigation strategies contributed to the dismantling of official racial segregation. 5.3 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Clarifying the Coverage of the Equal Protection Clause • Three tests are used – Strict Scrutiny – Intermediate scrutiny – Rational basis test Differentiate between the various tests used by the Supreme Court when deciding discrimination claims under the equal protection clause. 5.4 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Clarifying the Coverage of the Equal Protection Clause 5.4 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Grassroots Mobilization and Civil Rights • Challenges to other aspects of discrimination developed as a result of grassroots mobilization and evolving social values that eventually produced both new legislation and new attitudes about equality Identify the events and factors that influenced the development of the grassroots civil rights movements. 5.5 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans and Civil Rights • Several events drew the American public’s attention to civil rights – Brown v. Board of Education – Emmitt Till’s murder – Montgomery bus boycotts, Rosa Parks – March on Selma, Alabama – “Little Rock Nine” – Civil rights workers murdered – Martin Luther King Jr. • “Letter from Birmingham Jail” 5.5 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Civil Rights Legislation • The Civil Rights Acts of 1957, 1960, and 1964 • Voting Rights Act of 1965: outlawed literacy tests • New agencies were created out of these laws – U.S. Commission on Civil Rights – U.S. Equal Employment Opportunity Commission 5.5 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women, Latinos, and Civil Rights • Women were not allowed to vote, it came through organized political action over eighty years and the Nineteenth Amendment • Legislatures took little action but grass-roots movements were involved and courts were used to challenge laws • Larger numbers of women began challenging traditional view of their role in society Compare and contrast the civil rights struggles of women, Latinos, and African Americans. 5.6 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Latinos and Civil Rights • Latinos are ethnically and racially and comprise the largest and fastest growing minority group in the United States • Latinos, like César Chávez formed labor unions and civil rights organizations • Today, immigration is the issue that affects the largest number of Latinos in America 5.6 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Contemporary Civil Rights Issues • Much of the twentieth-century civil rights movement centered on efforts to prohibit overt discrimination mandated by government laws and practiced by private businesses Evaluate the continuing debates, lawsuits, and protests over civil rights in the twenty-first century. 5.7 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which conception of equality values equal economic status? A. Equality of rights B. Equality of condition C. Equality of opportunity D. Equality of economy 5.1 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which conception of equality values equal economic status? A. Equality of rights B. Equality of condition C. Equality of opportunity D. Equality of economy 5.1 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which amendment to the Constitution extended suffrage to men irrespective of race? A. Nineteenth B. Thirteenth C. Fourteenth D. Fifteenth 5.2 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which amendment to the Constitution extended suffrage to men irrespective of race? A. Nineteenth B. Thirteenth C. Fourteenth D. Fifteenth 5.2 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The doctrine of “separate but equal” was established in A. Brown v. Board of Education. B. Loving v. Virginia. C. Roe v. Wade. D. Plessy v. Ferguson. 5.3 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The doctrine of “separate but equal” was established in A. Brown v. Board of Education. B. Loving v. Virginia. C. Roe v. Wade. D. Plessy v. Ferguson. 5.3 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The agency charged with investigating complaints about illegal employment discrimination is A. the Federal Bureau of Investigation. B. the U.S. Equal Employment Opportunity Commission. C. the U.S. Commission of Civil Rights. D. the U.S. Commission on Employment Rights. 5.5 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman The agency charged with investigating complaints about illegal employment discrimination is A. the Federal Bureau of Investigation. B. the U.S. Equal Employment Opportunity Commission. C. the U.S. Commission of Civil Rights. D. the U.S. Commission on Employment Rights. 5.5 Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman What do you think? Is access to affordable health an issue of equality of condition? YES. Health care is accessible to all in America and affordability is determined by the free market NO. Everyone should be entitled to receive affordable health irrespective of market forces. Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman What do you think? Should sexual orientation be considered an suspect characteristic like race? YES. Discrimination in all its forms is inherently unconstitutional. NO. Sexual orientation is controversial and does not merit a higher level of scrutiny than sex itself. Back to Learning Objectives
  • Copyright © 2011 Pearson Education, Inc. Publishing as Longman Credits 134 AP Images/Matt Rourke; 136William Thomas Cain/Getty Images; 138, top to bottom: David McNew/Getty Images; Bettmann/Corbis; 140 Bettmann/Corbis; 141 The Museum of the Confederacy, Richmond, Virginia. Copy photography by Katherine Wetzel; 142 Bettmann/Corbis; 143 New York Times Co./Getty Images; 144, top to bottom: Flip Schulke/Corbis; Corbis; 153, top to bottom: Grey Villet/Time Life Pictures/Getty Images; Bettmann/Corbis; 154, left to right: Bettmann/Corbis; Getty Images; 155 AP Photo; 158 Bettmann/ Corbi; 161 Richard B. Levine/Newscom; 162 AP Images/Adam Lau; 163 Stephen Crowley/The New York Times/Redux Pictures; 164 AP Images/Wilfredo Lee; 165, top to bottom: Liz Mangelsdorf/San Francisco Chronicle/Corbis; Rebecca Cook/Reuters/Corbis; CREDIT TO COME; 169, top to bottom: Bettmann/Corbis; Don Cravens/Time Life Pictures/Getty Images; John F.Kennedy Presidential Library and Museum; AP Images; Getty Images; LBJ Library photo by Cecil Stoughton Back to Learning Objectives