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Chapter 5: Civil RightsChapter 5: Civil Rights
Copyright © 2009 Cengage Learning 2
Civil Rights: Introduction Civil Rights: Introduction
Refer to those things that the government must do to provide equal protection and freedom from discrimination for all citizens.
Traditionally, thought of as rooted in the Fourteenth Amendment to the Constitution.
Copyright © 2009 Cengage Learning 3
Civil Rights: IntroductionCivil Rights: Introduction
Early attempts at true protection were unsuccessful because the Supreme Court believed that it was not within its purview to stop non-governmental discrimination. (eg. private discrimination O.K.)
Copyright © 2009 Cengage Learning 4
DRED SCOTT V SANFORD CASEThis is a portrait of Dred Scott (1795–1858), an American slave who was born in Virginia and who later moved with his owner to Illinois, where slavery was illegal. He was the nominal plaintiff in a test case that sought to obtain his freedom on the ground that he lived in the free state of Illinois. Although the Supreme Court ruled against him, he was soon emancipated and became a hotel porter in St.
Louis.
DRED SCOTT V SANFORD CASEThis is a portrait of Dred Scott (1795–1858), an American slave who was born in Virginia and who later moved with his owner to Illinois, where slavery was illegal. He was the nominal plaintiff in a test case that sought to obtain his freedom on the ground that he lived in the free state of Illinois. Although the Supreme Court ruled against him, he was soon emancipated and became a hotel porter in St.
Louis.
(Missouri Historical Society)
Copyright © 2009 Cengage Learning 5
Slavery in the United States
Slavery in the United States
Ending servitude• The Thirteenth Amendment (1865) prohibits
slavery within the United States. • The Fourteenth Amendment (1868) established
that all persons born in the United States are citizens and no state shall deprive citizens of their rights under the Constitution.
• The Fifteenth Amendment (1870) established the right of citizens to vote.
Copyright © 2009 Cengage Learning 6
Early Civil Rights Legislation
Early Civil Rights Legislation
The Civil Rights Acts of 1865 to 1875• Aimed at the Southern states. • Attempted to prevent states from passing laws
that would circumvent the 13th, 14th and 15TH amendments
The Civil Rights Cases (1883) • Invalidated much of the civil rights legislation in
the Civil Rights cases.
Copyright © 2009 Cengage Learning 7
Challenges to Civil Rights Legislation
Challenges to Civil Rights Legislation
Plessy v. Ferguson (1896)• Homer Plessy asked to go to the “colored car” of
the train• He contended that this went against 14th
amendments equal protection clause….he lost• This created the Separate-but-Equal Doctrine
Voting Barriers• White primary, the grandfather clause, poll taxes,
literacy tests
Copyright © 2009 Cengage Learning 8
The End of the Separate-but-Equal Doctrine
The End of the Separate-but-Equal Doctrine
Brown v. Board of Education of Topeka (1954)• Overturned Plessy v. Ferguson • School segregation violates equal protection clause of
the 14th Amendment
Brown II
demanded integration “With All Deliberate Speed.” …unfortunately this was a very ambiguous demand
Copyright © 2009 Cengage Learning 9
School IntegrationSchool Integration
De facto segregation—racial segregation that occurs because of past social and economic conditions and residential racial patterns.
De jure segregation—racial segregation that occurs because of laws or administrative decisions by public agencies.
Court-Ordered Busing
The Resurgence of Minority Schools
Copyright © 2009 Cengage Learning 10
The Civil Rights Movement
The Civil Rights Movement
Martin Luther King’s Philosophy of Nonviolence
Another Approach: Black Power- Malcolm X
© AP/Wide World Photos
Copyright © 2009 Cengage Learning 11
The Climax of the Civil Rights Movement: Civil Rights Legislation
The Climax of the Civil Rights Movement: Civil Rights Legislation
The Civil Rights Act of 1964• Voter registration• Public accommodations• Public schools• Employment
The Voting Rights Act of 1965
- Outlawed voter registration tests and a push to register black voters (esp. in districts where underrepresented)
Urban Riots
The Civil Rights Act of 1968 and Other Housing Reform Legislation
Copyright © 2009 Cengage Learning 12
Consequences of Civil Rights Legislation
Consequences of Civil Rights Legislation
Political Participation by African Americans
Political Participation by Other Minorities
Lingering Social and Economic Disparities
Copyright © 2009 Cengage Learning 13
American IndiansAmerican Indians
Separation
Assimilation and citizenship
Tribal restoration
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Women’s Struggle for Equal Rights
Women’s Struggle for Equal Rights
Early Women’s Political Movements• Activism for women’s rights
began with the Seneca Falls Convention in 1948.
Women’s Suffrage Associations• 19th Amendment-“The right of citizens of the United
States to vote shall not be denied or abridged by the United States or by any state on account of sex.”
(Library of Congress)
Copyright © 2009 Cengage Learning 15
The Modern Women’s Movement
The Modern Women’s Movement
The Equal Rights Amendment
Additional Women’s Issues• Domestic violence• Abortion rights• Pornography (divided the movement rather than united it).
Discrimination in the Courts
Expanding Women’s Political Activities
Copyright © 2009 Cengage Learning 16
Women in Politics TodayWomen in Politics Today
Women in Congress
Women in the Executive and Judicial Branches
Continuing Disproportionate Leadership
U.S. Department of State
Copyright © 2009 Cengage Learning 17
Gender-Based Discrimination in the Workplace
Gender-Based Discrimination in the Workplace
Title VII of the Civil Rights Act of 1964• This title prohibits gender discrimination in
employment.
Sexual Harassment• The Supreme Court also has held that Title VII
includes prohibitions on sexual harassment.
Copyright © 2009 Cengage Learning 18
Gender-Based Discrimination in the Workplace
Gender-Based Discrimination in the Workplace
Wage Discrimination• Recent figures show a
woman earns 76 cents for every dollar made by a man.
• The Equal Pay Act of 1963
• The Glass Ceiling
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President Kennedy in 1963
President Kennedy in 1963
President Kennedy signed a bill to provide equal pay for women. Has this federal law been effective in equalizing the pay of men and women in the United States? Why or why not?
(AP Photo/Harvey Georges)
Copyright © 2009 Cengage Learning 20
Immigration, Hispanics, and Civil Rights
Immigration, Hispanics, and Civil Rights
Immigration rates today are the highest they have been since their peak in the early twentieth century.
By 2050, minority groups collectively will constitute the majority of Americans.
Copyright © 2009 Cengage Learning 21
Illegal Immigration Illegal Immigration
Mostly Latin Americans entering states bordering Mexico looking for work.
Issues include: • Citizenship • Border Crime
(Gerald L. Nino/U.S. Department of Homeland Security)
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Bilingual Education Bilingual Education
Accommodating Diversity
Controversy over Bilingual Education
(AP Photo/Evan Vucci)
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Affirmative ActionAffirmative Action
Regents of the University of California v. Bakke (1978) • Quota systems that only
considered the race of an applicant were unconstitutional
• “reverse discrimination”
Adarand Constructors, Inc. v. Peña- set criteria for Affirmative Action programs (eg. No quotas)
State Ballot Initiatives(AP Photo/Danny Moloshok)
Copyright © 2009 Cengage Learning 24
Special Protection for Older Americans
Special Protection for Older Americans
The Age Discrimination in Employment Act of 1967• Prohibits discrimination by age in all but a limited
number of occupations where age is considered relevant to the job.
Mandatory retirement has progressively been made illegal by laws passed in 1978 and 1986.
Copyright © 2009 Cengage Learning 25
Securing Rights for Persons with Disabilities
Securing Rights for Persons with Disabilities
The Americans with Disabilities Act of 1990• Prohibits job
discrimination against individuals with physical or mental disabilities.
• Requires physical access to public buildings and public services. (Michael Newman/Photo)
Copyright © 2009 Cengage Learning 26
Securing Rights for Persons with Disabilities
(cont.)
Securing Rights for Persons with Disabilities
(cont.)
Limiting the ADA No longer covered are:• persons who wear eyeglasses • carpal tunnel syndrome, a repetitive stress injury
Copyright © 2009 Cengage Learning 27
The Rights and Status of Gay Males and LesbiansThe Rights and Status of Gay Males and Lesbians
Growth in the Gay Male and Lesbian Rights Movement
State and Local Laws Targeting Gay Males and Lesbians
(AP Photo/Jim Mone, file)
Copyright © 2009 Cengage Learning 28
The Rights and Status of Gay Males and Lesbians (cont.)
The Rights and Status of Gay Males and Lesbians (cont.)
The Gay Community and Politics • Gay activists now play a role in both major
parties. Eleven openly gay men or lesbians sit in the House.
Gay Men and Lesbians in the Military
Same-Sex Marriages
Child Custody and Adoption
Copyright © 2009 Cengage Learning 29
The Rights and Status of Juveniles
The Rights and Status of Juveniles
The presumption is that children are protected by parents
Voting Rights and the Young
The Rights of Children in Civil and Criminal Proceedings
Copyright © 2009 Cengage Learning 30
The Rights and Status of Juveniles (cont.)
The Rights and Status of Juveniles (cont.)
Civil Rights of Juveniles • Child custody issues
Criminal Rights of Juveniles
Dealing with Juvenile Crime• Minors tried as adults • Parents held responsible
(AP Photo/Mary Altaffer)
Copyright © 2009 Cengage Learning 31
Questions for Critical Thinking
Questions for Critical Thinking
Why was the Voting Rights Act necessary?
Are there any obstacles today to the civil rights of various groups in society?
Should affirmative action exist? If you do not favor affirmative action, how should society address the economic gap between men and women and whites and African Americans?
Copyright © 2009 Cengage Learning 32
Web Links Web Links
National Association for the Advancement of Colored People (NAACP)
U.S. Census Bureau-Statistical Abstract
The American West-Native Americans