Civil Rights: Equal Protection of the Law. Missouri Compromise It prohibited slavery in the former Louisiana Territory north of the parallel 36°30'

Civil Rights: Equal Protection of the Law

Missouri Compromise It prohibited slavery in the former Louisiana

Territory north of the parallel 36°30' north except within the boundaries of the proposed state of Missouri

The Dred Scott Case 1857 Supreme Court decision that blacks, whether

free or slave could not be citizens Court ruled Missouri Compromise ban against

slavery was unconstitutional Felt it was a matter of state law

Emancipation Proclamation Who is famous for this? Freed slaves in the Confederate States

Amendments 13th Amendment- “neither slavery nor

involuntary servitude” could exist anywhere in the US, except for punishment for a crime

14th Amendment- promised all black Americans not only citizenship but “equal protection of the laws”

15th Amendment- right that all citizens to vote cannot be denied “on account of race, color, or previous condition of servitude”

Civil War Amendments Video

The Civil Rights Act of 1866 Offered blacks the same rights as

American citizens “To inherit, purchase, lease, sell, hold, and

convey real and personal property” “Punishable discrimination”

What’s discrimination? Little effect- repealed, declared unconstitutional, or never enforced

Limits on the 14th Amendment Most unsympathetic Supreme Court Rulings

made early civil rights laws ineffective Clause in 14th Amendment that prevents

discrimination by state governments States that “no State shall make or enforce any

law which shall abridge the privileges or immunities of citizens of the US”

Slaughterhouse Cases Supreme Court ruling that upheld a Louisiana

law that granted a monopoly to one butcher Other butchers claimed this violated their rights

to equal protection under the 14th Amendment

The Court’s decision narrowed the protections of the 14th Amendment Allowed state governments to continue limiting

civil rights Legislators especially in the South began

passing discriminatory laws Literacy tests Poll taxes

Once blacks lost voting rights others could discriminate against them Employers, state and local governments HOW?

Segregation? Jim Crow Laws

Increased segregation Made it lawful State laws required that blacks and whites be

separate but equal Schools Hospital wards or different hospitals Burial in separate cemeteries What other areas of segregation can you

think of?

What is Jim Crow

The Civil Rights Act of 1875 1883 in front of the Supreme Court

5 cases Involved incidents in the north and south Tried to eliminate segregation

Court ruled that on all cases unconstitutional 14th Amendment said the court prohibited

discrimination only be state governments Railroads and theaters were private industries

and Congress had no authority to limit discrimination

Plessey VS Ferguson (1896) Challenged Louisiana “Jim Crow” law that

required blacks and whites to ride in separate coaches on trains

Supreme Court ruled 8-1, establishing separate but equal Claims that under state law, segregation was

legal as long as public facilities were equal Was it really equal? Why?

Separate but equal will last for nearly 60 years

The NAACP (1909) The National Association of the Advancement

of Colored People Founded to secure the social and political

rights of blacks Goals

Public awareness Exert pressure on Congress Initiate legal action in the courts

Earliest target was schools

Sweatt VS Painter 1950 Herman Sweatt Law school in Texas Supreme Court ruled unanimously that the two law

schools were far from equal World War II brought some advances in Civil

Rights 1941- President Roosevelt issued Executive Order

8802, forbidding racial discrimination in defense industries

1948- President Truman issued Executive Order 9981, ending segregation throughout the military

Public School Desegregation Brown VS Board of Education (1954)

Linda Carol Brown White school seven blocks from her house Had to travel 20 blocks to attend school Father sued for violation of 14th Amendment

Thurgood Marshall- counsel for NAACP Became first black Supreme Court Justice

Supreme Court voted to support Brown and overturn Plessey VS Ferguson Rejected separate but equal doctrine

Plessey Vs Ferguson and Brown Vs Board of Education

1955-Court ordered all public schools to move toward “full compliance” and “end segregation” with full speed

Some schools obeyed the court order and others refused especially in the South

Desegregation was strong, emotional, and sometimes violent in the South

Little Rock, Arkansas- 1957- President Eisenhower deploys National Guard to help students enroll in school

Integration?

Martin Luther King? Formed the Southern Christian Leadership

Conference (SCLC) Civil Disobedience?

What tactics did they use? Ghandism?

Political Pressure Securing the Vote The Civil Rights Act of 1957

Civil Rights Commission Civil Rights Division within the Justice Department

Federal officers could go after those who refuse citizen’s right to vote

Civil Right Act of 1960 Court-appointed federal agents to assist blacks in

the voting process Federal crime to use violence in preventing school

integration

Parts of the act’s major sections: Outlaws discrimination in public

accommodations such as motels, restaurants, theaters, and sports arenas

Can take back federal funds in schools that practice discrimination

Prohibits job discrimination Expands the power of the Civil Rights

Commission

Video of Civil Rights Act of 1964

The Voting Rights Act of 1965 Federal examiners to make sure blacks can

vote Strict penalties on those who interfere with

voters Restrictive Covenants? Open Housing Act

Prohibits discrimination in the sale or rental of most housings

The Rights of Other Minorities Hispanics

Trace their heritage to Spanish-speaking nations 15% of popular (as of 2008) Want to seek an end to discrimination in housing

and employment In large areas of minority voters

Ballots printed in their native language and English

Important issue for Hispanics and other groups What is bilingual education?

Has become a big issue Problems? Cultural separateness English only?

Dual citizenship? Like blacks, have suffered discrimination

Legal Social Why?

Bureau of Indian Affairs American Indian Movement

1960’s Part of the civil rights movement

As a result of the movement Regaining of valuable mineral and water

rights Hunting and fishing rights Land taken illegally was returned Millions given as compensation for past wrong

doings Self-Determination Act of 1975

Native Americans under own rule Education, health, welfare, and housing

Ageism? Employment Act of 1967

Protects employees between 40 and 65 from being discriminated against in hiring and promotion

Exception is those jobs that show age is related to doing the job well

Age Discrimination Act of 1975 Authorizes the feds to withhold federal

funding from any program that discriminates unreasonably because of age

Rehabilitation Act of 1973 Public facilities must be made accessible by

those with physical disabilities The Education for All Handicapped

Children Act of 1975 Federal money to aid in giving children the

right to “free and appropriate public education” Must provide individualized programs Mainstreaming?

IDEA Full coverage of all disabilities (physical and

learning)

Individuals must be judged on basis of abilities or conduct

Looking at how the effects of a law influence fundamental rights

Suspect Classification? Japanese American Relocation

Eventually got reparations

What is it? Was intended to compensate for past

negative policies that had limited people’s opportunities

Executive Order 11246 Lyndon Johnson, 1965 Required contractors and unions to hire

minorities Two years later affirmative action of women

Affirmative Action

Job discrimination High school diploma or general education

tests In hiring and pay

WHY?

Reverse discrimination? Allan Bakke

Supreme Court Justices Whites must always be questioned Giving preference to those who have been

discriminated against is different

Last hired first fired Must provide proof for discrimination Employers must prove hiring processes

aren’t discriminatory People can win cash damages if found

victim of discrimination

•The Right to Vote–100 years after the constitution

•Women couldn’t vote or hold office•Before 1920

–Only 16 states and territories,mainly in the west extended full voting rights to women

•Why?•Jeanette Rankin

–First women in Congress–From Montana, 1916

Suffragists? Wanted full voting rights as well as social

and economic reforms What tactics did they use? Women’s Rights Convention in 1848

Declaration of Sentiments

Susan B. Anthony (1872 Presidential election) Arrested with fifteen other women for “illegal

voting” (Federal Offense) Quotes Declaration of Independence

“how can the consent of the governed be given if the right to vote is denied”

Court didn’t think 14th nor 15th Amendments applied to women, black or white

Not till 1920 did the suffragists’ efforts succeed 19th Amendment?

Women’s Rights Video

During most of the nation’s history, social and economic discrimination against women was accepted and legal Why do you think this is?

Supreme Court upholds in the late 1800’s that legal classifications based on sex Myra Colby Bradwell

Not until 1970 did the Supreme Court rule that law based on classification by sex violated “equal protection” clause in 14th Amendment

1974 Florida law

Granted widows but not widowers a yearly $500 tax exemption

1977 Greater social security benefits

Due to lower average salaries and the years in which women worked outside the home

In the Navy, more time is awarded to female officers to acquire a promotion Why?

1981 Punishes males but not females for statutory

rape Why? Is this fair?

All male military draft Why are females not included?

During 1800’s women and children worked 16 hour days 1900’s laws passed to limit the number hours

women and children could work Amount of weight they could lift Restrictions on night work (bars and

restaurants) Laws had intention of helping harsh

working conditions Become excuses to deny women jobs,

overtime pay, and equality in the work place

Equal Pay Act of 1963 Forbids using different pay scales for men and

women who do equal work All though effective, excluded millions of

women and permitted wage differences Why?

Title VII (part of Civil Rights Act of 1964) Prohibits sex discrimination in employment

Forbids rejection of women for having kids Rejected height and weight restrictions Maternity leave

What is comparable worth? Women have traditionally held low-

paying jobs Women with four years of college are paid less

then men without high school diplomas Librarians VS Gardeners

Is that right?

Until the mid 1970’s sex discrimination in schools was common Boys couldn’t take Home Economics Girls couldn’t take shop classes Boys only team sports Girls teams poorly equipped, ignored, and

sometimes non-existent Classroom

Differences between male and female teachers with same qualifications

Title IX of the act All schools receiving federal funds must give

male and female students equal opportunities in instruction and extracurricular activities

Academic classes are open to any sex Equal athletic opportunities

Treatment of women’s athletics equally Prohibits sex discrimination in educational

employment Federal funding can be taken away if any one

program is discriminated against About Title IX

Once was hard for women to: Get credit cards Buy houses Get credit on their own

Equal Credit Opportunity Prevents banks, retail stores, savings and loan

associations, etc. from denying credit on account of sex

Prohibits creditors from asking questions regarding sex or marital status

Credit it to be given based on the borrower’s income and credit rating