The Fourteenth Amendment-Warm Up
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. WHY WAS THIS AMENDMENT CREATED? The 14th Amendment and the U.S. Constitution
Mullin History of the 14th Amendment
The 14th amendment was originally ratified to protect the freedman from the abolishment of his rights by southern states. The 14th amendment was ratified in 1868. Before the 14th-Dred Scott case
Supreme Court ruled (1857) that African Americans are not U.S. citizens Congress cannot prohibit slavery in new U.S. territories Constitutional Amendment was required to grant citizenship to blacks Civil War Amendments 13th: (1865): freed all slaves, outlawed slavery permanently in the U.S. 14th (1868): all persons born in U.S. are citizens; states cannot violate citizens rights; equal protection of the laws 15th (1870): right to vote cannot be denied based on race Failure of Civil War Amendments
Congress passed civil rights laws, but President refused to enforce Leads to Southern states passing black codes / Jim Crow Laws to prevent blacks from gaining power or equality Former slaves and free blacks were not treated equally for another 100 years 14th Amendment Original purpose: protect the rights of former slaves and free blacks Made state govts protect citizens Constitutional rights Limited the power of state govts after the Civil War Activity Analyze the documents and answer the corresponding questions about the historical progression of African American equality post civil war. Answer the FINAL essay question in 1 paragraph. Warm Up No state shall deny to any person within its jurisdiction the equal protection of the laws Does this applies only to state governments? Does it require equal opportunity? When can people be treated differently by the law? Do Fourteenth Amendment worksheet chart in groups. (difficult to find info on priv and immun,) Show overhead cartoon of states/federal govt roped in. Equal Protection Cases
Plessy v. Ferguson: started June 7, 1892 Homer Plessy was a 30 year African American Shoemaker. He was put in jail for sitting in white section on a railroad car in East Louisiana. The judge on the trial was John Howard Ferguson. In 1896 the supreme court heard Plessys case and found him guilty. Plessy v. Ferguson Plessy vs. Ferguson (1896)
Segregation by race does not violate the equal protection clause as long as the separate facilities were equal separate but equal doctrine Allowed states to continue racial segregation in public facilities The Plessy Decision Set the precedent that separate facilities for blacks and whites were constitutional as long as they were equal. A Sign at the Greyhound Bus Station, Rome, Georgia September 1943
A Sign at the Greyhound Bus Station, Rome, Georgia September (Esther Bubley, photographer) "The Rex theater for Colored People
"The Rex theater for Colored People." Leland, Mississippi, November Marion Post Wolcott, photographer. " People waiting for a bus at the Greyhound bus terminal
" People waiting for a bus at the Greyhound bus terminal." Memphis, Tennessee. September Esther Bubley, photographer. Equal Protection cases
2. Brown vs. Board of Education (1954) Separate educational facilities are inherently unequal Overturned Plessy decision Outlawed segregation in every state Not followed in some southern states until forced by federal troops Brown v. Board of Education Segregation of white and Negro children in public schools of a state solely on the basis of race, pursuing state laws that permit or require segregation denies Negro children the equal protection of laws guaranteed by 14th amendment even though other factors of white and Negro schools should be equal. Civil Rights Movement African Americans fought to have the 14th Amendment enforced in the 1950s Wanted to fulfill the promise of the Constitution Court cases (Brown vs. Board) Used 1st Amendment rights Speech Religion Press Assembly Civil Rights Act passed in 1964 Voting Rights Act passed in 1965 Activity Analyze the following documents and answer the corresponding questions about Brown v. Board in 2-3 sentences. Answer the key question 1 paragraph. Warm Up What does due process mean?
Are their exceptions to due process? Due Process of Law One of the oldest constitutional principles
The term due process refers to the requirement that the actions of government be conducted according to the rule of law. No govt. can be above the law. Due Process Continues The 5th Amendment prevents the federal government from depriving any person of life, liberty, or property w/o due process of law. The 14th Amendment requires state govts. To respect due process of law and gives the federal govt. the power to enforce this requirement. What is equal protection?
Amendment doesnt explicitly preclude any classification, not even racial ones. Arguably, the phrase is intentionally vague or open-ended. Who decides what it means, and on what basis? Group Disadvantage Theory
The 14th amendment is to be interpreted as protecting the interests of groups that are: Socially and economically disadvantaged (relative to others). Politically marginal and vulnerable (an isolated minority). Friends of Talladega College Meeting
Todays Face, Tomorrows Future Friends of Talladega College Meeting New York, NY October 11, 2005 Starting suggestions and observations: You should be familiar with all of the materials and information in the Race Matters Toolkit before giving this presentation. To start, you can talk about how achievement of your organizations mission is tied to creating opportunity for all and getting equitable results. The approach described in this PowerPoint and reflected in the Race Matters Toolkit differs from alternative ways of addressing race, such as emphases on reconciliation or diversity. See I. Shapiro, Training for Racial Equity and Inclusion, Aspen Institute, 2002, for important distinctions among these approaches. This presentation includes (1) a point of view on addressing unequal opportunities by race, and (2) tools to help you create opportunity for all. Our Starting Assumptions . . .
Class Matters.Poverty is a significant obstacle to success. Yet, within-class racial disparities remain. Race Matters, too. Almost every indicator of well-being shows troubling disparities/ disproportionality by race within class groupings. Place Matters. Access to resources is connected to spaces (rural, urban, suburban), and these spaces may be racialized. Personal Responsibility & Self Determination Matter. Meaning, we have control over our destinybut for most marginalized minorities, their life has already been predetermined due to pre-existing social conditions. Activity Analyze the documents and answer the corresponding questions in 1-2 sentences. Answer the essay prompt in ONE THE FIRST PAGE in 2 paragraphs. Due EOC. Warm Up Why does race matter? Why does sexuality matter?
Why does gender matter? Our Starting Assumptions (continued)
Disparities are often created and maintained through policies and practices that contain barriers to opportunity. Turn to your table partners and list some possible barriers to opportunity. Prepare to share. Has opportunity been racialized? Definitions/Distinctions
Race -- a social/political construct used to confer advantage and disadvantage Social identity (what others assign) and self identity (how we name ourselves) Ethnicity and culture -- shared history, values, language, traditions that are sources of strength; these also can be racialized Sometimes Latinos, Asian Americans, Native Americans, and other immigrant groups will say that race only refers to Black and White.Thats why its important to distinguish between self identity and social identity.Even if people dont consider themselves part of a racial group, they still get assigned into one, and that assignment confers either advantage or disadvantage. Doing Work Around Race: Various Valuable Approaches
Our Approach: Anti-racism (focus on policies and practices) OtherValuable Approaches: Prejudice reduction Healing and reconciliation Diversity/multiculturalism Democracy building These are categories offered by the publication: Training for Racial Equity and Inclusion. What are Embedded Racial Inequities?
The effects of public and private sector policies and practices that produce racial inequality create: the accumulated advantages for whites as a group the accumulated disadvantages for people of color as a group Suggested talking point: There are of course individual examples of some whites faring worse than some people of color, but that doesnt deny the existence of the widespread disparities across groups or the differential impact of policies and practices on groups. Observation: Audiences may want to talk about other issues throughout the presentation (such as individual responsibility), but the conversation needs always to be brought back to embedded racial inequities and the policies and practices that produce them.These are the subject of this presentation and the Race Matters Toolkit.If particular topics off this subject seem critical to discuss, plan a different session to do so. What are Embedded Racial Inequities? (continued)
These effects are reinforced by: Differential perceptions and images of people of color and whites (stereotypes) Dominant U.S. norms and values Examples of differential perceptions: After Hurricane Katrina, media reports depicted people of color as looters in stores and whites as taking food from stores for survival Whites can make mistakes without their shortcomings being generalized to whites as a group.The mistakes by individuals of color are often generalized to the whole group. Invite the audience to add other examples of differential perceptions. What Single Policy from Decades Ago Contributed to These Present-Day Outcomes?
Homeownership disparities Neighborhood disparities Surveillance & assessment disparities Health disparities Wealth disparities (relates to neighborhood stability) 75% Whites; 56% Asian Americans; 48% Blacks; 47% Latinos (relates to available resources)African Americans and Latinos have 30% fewer supermarkets,up to 76% higher prices, more toxic environments Differences in hospital usage of baby toxicology tests, differences in mandated reporting, benefit of the doubt by officials, zip code discrimination Differences in prenatal care; inadequately stocked pharmacies; exposure to lead poisoning disparities(safety net for tough times) Family Median Net Worth by Raced $20600B $18600H $ W (own owe) 2004 Survey of Consumer Finances FRB 2006 Activity Complete the Civil Rights DBQ by analyzing the documents and answer the corresponding questions. Complete the YOUR TASK assignment in 1 paragraph. Due as HW. Warm Up Why did the Civil Rights Movement start?
Is separate equal? Why or why not? Segregation divides America
Jim Crow laws-enforced strict separation of the races in the South Schools, hospitals, transportation,& restaurants De jure segregation-imposed by law 1896 Plessy vs. Ferguson-Separate but equal NAACP Challenges Segregation
NAACP became the largest and most powerful civil rights organization Thurgood Marshal-headed the team that challenged the legality of segregation Little Rock Nine President Eisenhower sent federal troops to Little Rock to protect the African American students and to enforce Brown vs. Board For the entire school year, federal troops stayed in Little Rock escorting the students to and from school Video https://www.youtube.com/watch?v=oodolEmUg2g Effects of Little Rock Nine
It demonstrated that the President would not tolerate open defiance of the law However, most southern states found ways to resist desegregation and it would take years before black and white children went to school together Montgomery Bus Boycott
Rosa Parks actions transformed the movement NAACP began preparing a legal challenge Rise of MLK: urged non-violence Boycott lasted a year In 1956 the Supreme Court ruled the Montgomery bus segregation law was unconstitutional Effects of the Boycott and the Supreme Court Victory
Revealed the power African Americans could have if they joined together King established the Southern Christian Leadership Conference (SCLC) Advocated nonviolent resistance to fight injustice Freedom ride Test the federal governments willingness to enforce that segregation on interstate buses was illegal (Boynton v. Virginia 1960) En route, they defied segregation codes In Alabama firebombed one bus and attacked the riders of the second bus Effects of the Freedom Ride
Kennedy takes action Federal Transportation Commission issued an order mandating the desegregation of interstate transportation Civil rights activists achieved their goal and that intimidation would not defeat them Activity Warm Up Why did the Civil Rights Movement choose to first focus their protests on public transportation? Sit-ins Four black students at North Carolina sat down in a white diner and were told that they would not be served(First) Sit ins became a new way to protest segregation of public facilities Focus on Birmingham Letter from Birmingham jail by King
Freedom marches: schoolchildren joined the demonstrations Many Americans were shocked by the news coverage of nonviolent protestors set upon by dogs and jets of water Kennedy approves civil rights bill https://www.youtube.com/watch?v=-0lD37bq8YI March on Washington To put pressure on Congress to pass the new civil rights bill Drew more than 200,000 MLK-I have a dream One of the largest political demonstrations A model for peaceful protest Civil Rights Act of 1964 The act banned segregation in public accommodations Gave the federal government the ability to desegregate schools Prosecute individuals who violated peoples civil rights Outlawed discrimination in employment Established the Equal Employment Opportunity Commission (EEOC) Voting Rights Act of 1965 Spurred by actions of protesters and the President, Congress passed the act It banned literacy tests and empower the federal gov to oversee voting registration By 1975, Congress extended to Hispanic voters Black participation jumped from 7% in 1964 to 70% in 1986 The Riots Frustration over discrimination and poverty
Worst in Newark, New Jersey and Detroit, Michigan in the summer of 1967 Blacks using violence against police and white business owners in black neighborhoods Black Power Move away from nonviolence
Stokley Carmichaels definition: it meant African Americans should collectively use their economic and political muscle to gain equality Institutional Racism Black Panthers Symbol of young militant African Americans
Protected urban neighborhoods from police abuse Created antipoverty programs Stokely was honorary Prime Minister MLKs final days Understood the anger and frustration of many urban African Americans Disagreed with the call for black power Kings assassination triggered riots in more than 100 cities 2 months later Robert Kennedy was assasinated Video https://www.youtube.com/watch?v=AmvctqRxOOU Significant Gains Eliminated legal segregation
Knocked down barriers of voting and political participation for African Americans Poverty rates fell Increase in the number of African Americans high school graduates Appointment of Thurgood Marshall as the first African American Supreme Court Justice in 1967 Controversial Issues Affirmative Action: increase African American representation in schools and the workforce Racism Social and Economic gap Video Discussion Questions
Complete questions in 1-3 sentences. All due EOC. Essay Prompt Why did the civil rights movement fall apart in the late1960s and early1970s? Was the movement a success or failure? If it was a success, why did black activists turn to violence in the mid- to late1960s? Essay Requirements 5 sources 5 paragraphs 5 citations MLA Format
Work Cited page Title Times New Roman Font Size 12 1 inch margins Double spaced It answers the HOW and WHY
Shakespeares plays are great. Why are they great? What plays are great? Shakespeares Midsummers Night Dream is his greatest play because it is so complicated. This is better, but how is it complicated? Why does that make it so great? The success of the last scene in Midsummer Night's Dream comes from subtle linguistic and theatrical references to Elizabeth's position as queen. This is good because it gives specific details as to how the play is complicated, and why this is such a success. Thesis Statement What you plan to argue + How you plan to argue it = Thesis Statement By observing x, y, and z, one can conclude that_________________ Or do the opposite: ______________________ is true due conclusive evidence provided by the examination of x, y, and z. Warm Up https://www.youtube.com/watch?v=pvATEjsf41g
Did the police make the right call? Did the situation escalate or de-escalate? Would you consider this an example of police brutality? Explain why/why not. What Single Policy from Decades Ago Contributed to These Present-Day Outcomes (continued)
In short, what policy strongly contributed to opportunity-rich or opportunity-poor settings/circumstances for raising kids & the judgments accompanying each? The GI Bill: A Story of Embedded Racial Inequity
Information about the GI Bill: Also known as the Servicemens Readjustment Act, following WWII Purported to be the greatest piece of social legislation ever U.S. spent $95 billion on this social program(Put this number in todays perspective e.g., double the estimate to rebuild the Gulf Coast after Hurricane Katrina) Assisted 16 million returning soldiers to be reintegrated into US society Provided veterans with access to job training, college tuition, home loans and small business support Created the modern day middle-class and fueled development of the suburbs For more information on the GI Bill and its effects, see When Affirmative Action was White by Ira Katznelson, Columbia University Press, 2005. Background for the next slides: The story to be told is about three young boys whose fathers served in WWII and how this social legislation from 60 years ago continues to impact their families. It is a story about how advantage and disadvantage accumulate because of the unequal opportunities embedded in the GI Bill. Philips Story Child Born FathersGI Bill: FHA ConsequencesRight After Status & VA loans for Childsfor Childs WWIIEducationWell-being Adulthood Low-income,WhiteAble to useFamily borrowedPhilip gets Whiteveteran, highlow-interestfrom home equity professional schoolmortgageto support childs job, buys diploma, fromprovisions tocollege educationhouse, Philadelphia move family(first in family toinheritsfrom publicgo to college)appreciated housing tohouse segregatedwhen suburbanfather home ownershipdies Observation: For this and the next two slides, each column highlights a feature of the childs profile as it is played out around one aspect of the GI Bill, the unequal availability of FHA and VA loans to purchase a home. Thomass Story Child Born FathersGI Bill: FHAConsequences ConsequencesRight After Status & VA loansfor Childsfor Childs WWIIEducationWell-being in Adulthood Low-income,BlackCould not accessFamily could notThomas works Blackveteran, highhome loan b/c ofafford to sendin minimum schoolracially-restrictivechild to college;wage jobs, diploma, fromunderwritinghigh schoolcontinues to Philadelphiacriteria; familydiploma is fromlive in familyremained in rentalunder-resourcedhome, housing in the citysegregated schoolconsiders joining the Army, has to borrow $ when father dies to give him decent funeral Suggested talking point: The GI Bill was open to all veterans; however, its implementation proved to be discriminatory.Congress had agreed that GI Bill supports could be administered locally.Local implementers maintained the racially discriminatory actions that characterized local public and private sector behaviors prior to the war. Juans Story Child Born FathersGI Bill: FHA Consequences ConsequencesRight After Status & VA loansfor Childsfor Childs WWIIEducationWell-being in Adulthood Low-income,LatinoCould not accessFamily could notJuan works Latinoveteran, highhome loan b/c ofafford to sendin minimum schoolracially-restrictivechild to college;wage jobs, diploma, fromunderwritinghigh schoolcontinues to Texascriteria; familydiploma is fromlive in familyremained in ruralunder-resourcedhome, rental housinglanguage marries segregated and newcomer raciallyLatina, sends segregatedpart of schoolfamilys limited income to her extended family in Mexico Fast Forward to Today . . . Philips Children:Thomas and Juans Children: Philip gives children his fathersThey have no houses to appreciated houseinherit They live in thriving communitiesThey live in disinvested communities Their college educations paidAt work, they complete college on work study and by home equity student loans,with subsequent starting debts to pay back Philip establishes trust fundThomas and Juan have few personal assets to leave for grandchildrengrandchildren Suggested talking points: Reinforce for the audience that social policy created 60 years ago continues to have disparate impact.These stories challenge the assumption that discrimination is a thing of the past by demonstrating that even past discrimination has ongoing consequences for todays population.Benefits and disadvantages accumulate over time. Note that these stories followed only one aspect of the GI Bill: home loans.If job training, educational support, and small business loans were also tracked, additional layers of unequal opportunity would be revealed to add to the home ownership inequities. Fast Forward to Today . . . Neighborhood-Based Opportunities include good schools, accessible jobs, affordable quality services, fair financial & retail outlets, safe recreational space, etc. How Do Opportunity-Rich and Opportunity-Poor Neighborhoods Affect the Kids/Families You Serve Today? Suggested talking points: Reinforce for the audience that social policy created 60 years ago continues to have disparate impact.These stories challenge the assumption that discrimination is a thing of the past by demonstrating that even past discrimination has ongoing consequences for todays population.Benefits and disadvantages accumulate over time. Note that these stories followed only one aspect of the GI Bill: home loans.If job training, educational support, and small business loans were also tracked, additional layers of unequal opportunity would be revealed to add to the home ownership inequities. Bottom Line Being classified as Black, Asian, Native American or Latino has never carried, and still doesnt carry, the same advantages as being classified as White. Suggested talking points: The previous stories have been about how racial inequities are deeply embedded in social policies and practices.This is the case whether the policies and practices use the word race or not. The quick march through 60 years of U.S. history points out that opportunity for all is a goal that has sometimes been closer to realization, other times less so.The history of race in the U.S. is one of steps forward and steps backward (retrenchment) in contrast to the popularly held belief that this history is one of continual progress. Activity Analyze the current events documents and complete the graphic organizers. Due EOC. Warm Up What created/started the Black Lives Matter Movement? BLACK LIVES MATTER Brainstorming Define terms in YOUR OWN WORDS. Do NOT look up the definitions. Complete the warm up questions. Article Read the article provided to you.
After reading and watching the video, do your brainstorming answers change? If so, how and why? Consider Floridas Stand Your Ground Law which allows people to defend themselves with deadly force as long as they responsibly believe it is necessary to protect themselves. Is this a fair law? Video Activity In pairs, brainstorm key ideas that you would use as evidence to prove your case first for the prosecution, and then for the defense. Write down 5 ideas. Activity Go to opposite sides of the classroom based on:
If you feel that George Zimmerman was guilty/not guilt of second degree murder If you feel that George Zimmerman was guilty/not guilty of voluntary man slaughter (4 corners) Put your ideas together now and present your three strongest arguments for your guilty or not guilty verdict to the other side of the class. Activity As a class, come up with a working definition of justice
Now consider whether you believe that justice was served by the verdict given by the Florida jury. Go to different sides of the classroom based on if you felt justice was served or not. Prepare and present the three strongest arguments for your side. Homework Due next class. One paragraph responses for question 1 and 2.
List for question 3. Warm Up List 3 black victims of police brutality. Michael Brown, 18 years old, shot by Ferguson, MO police Aug 9, 2014
Michael Browns mother This is not an isolated incident
With a partner, discuss how this situation relates to other things you know about or have experienced. You can consider racism, militarization of law enforcement, criminalization, repression of protest, etc. https://www.youtube.com/watch?v=KBmFCaijWYU https://www.youtube.com/watch?v=KCd9OGtEVKA RACISM Individual and social beliefs, attitudes and actions that claim white people are superior to other people. In the US, white supremacy describes the organization of society based on white people having authority and power over culture, society, economy and government. Internalized Interpersonal Institutional Structural Racism has shaped the United States from the beginning Internalized Racism Internalized racism lies within individuals. There are private manifestations of racism that reside inside our minds. Examples: prejudice, internalized oppression and privilege, and beliefs about race influenced by dominant culture. Interpersonal Racism Interpersonal racism occurs between individuals. Once we bring our private beliefs into our interacion with others racism is now in the interpersonal realm. Examples: public expressions of racial prejudice, hate, bias and bigotry between individuals One racist tweet about Ferguson
Interpersonal Racism One racist tweet about Ferguson Institutional Racism Institutional racism occurs within institutions. Instutional racism is discriminatory treatment, unfair policies and practices, and inequitable opportunities and impacts, based on race. Example: Over 300 black people are killed each year by law enforcement. One every 28 hours.* *Malcolm X Grassroots Movement study, Institutional Racism Black people are disproportionately targets of police violence Whites may fear African Americans, largely due to racial impressions and stereotypes, but African Americans have an historical justification to fear nearly any contact with white authorities and with much of the white population. The racial terror against African Americans seeks to ensure that we remain immobilized and disorganized. the response to police and extra-judicial harassment and killings cannot be viewed in isolation. It is not the Trayvon Martin case, or the Eric Garner case, alone. It is the ability of the State and the larger white bloc to declare a cessation of the rule of law when it comes to the rights of the darker races generally, and African Americans in particular. Steve Fletcher Examples of institutional racism in Ferguson
While of the population of Ferguson is black,the Mayor is white, and 5 out of 6 city councilmembers are white. Only 3 of 53 police agents in Ferguson areblack Structural Racism Structural racism is racial bias across institutions and society. Its the cumulative and compounded effects of an array of factors that systemactically privilege white people and disadvantage people of color. Example: The racial wealth divide (where whites have many times more wealth of people of color) results from generations of discrimination and racial inequality. Activity Complete the poem analysis.
Conduct research for the question Does peaceful protest bring real political change? Complete the graphic organizer. Answer the prompt in two paragraphs on the back of the page. Warm Up Start at 2:30 https://www.youtube.com/watch?v=Qzd6bv2K-CA
What is the origin of the phrase Hands Up Dont Shoot Video and Quote Analysis
It is not enough for me to stand before you tonight and condemn riots. It would be morally irresponsible for me to do that without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that they have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard. Video https://www.youtube.com/watch?v=ut3xsdkIWhg
What did this accomplish? Anything? Nothing? Essay Prompt In light of recent cases of police brutality and the historical marginalization of African Americans, how is the Black Lives Matter movement a return to reclaim the 14th Amendment and furthermore an entirely separate reconstruction of a new civil rights movement? Essay Requirements 5 sources 5 paragraphs 5 citations MLA Format
Work Cited page Title Times New Roman Font Size 12 1 inch margins Double spaced It answers the HOW and WHY
Shakespeares plays are great. Why are they great? What plays are great? Shakespeares Midsummers Night Dream is his greatest play because it is so complicated. This is better, but how is it complicated? Why does that make it so great? The success of the last scene in Midsummer Night's Dream comes from subtle linguistic and theatrical references to Elizabeth's position as queen. This is good because it gives specific details as to how the play is complicated, and why this is such a success. Thesis Statement What you plan to argue + How you plan to argue it = Thesis Statement By observing x, y, and z, one can conclude that_________________ Or do the opposite: ______________________ is true due conclusive evidence provided by the examination of x, y, and z.