Civil Rights African Americans Civil Liberties Civil Rights

Civil Rights – African Americans Civil Liberties & Civil Rights

Rights & Liberties intro What civil rights issues impact African Americans?

Civil Rights Civil Liberties & Civil Rights

Rights & Liberties 14 th Amendment Civil Rights deal with equal protection under the law for all citizens The “Equal Protection Clause” compels states governments to treat all of its citizens equally regardless of race The “Due Process Clause” of 14 compels states to protect ALL citizens’ life , liberty, and property rights.

Rights & Liberties Classification Civil Rights Court must determine whether a state’s classification of groups is permissible or if it violates equal protection There are three levels of scrutiny Race & ethnicity classifications are inherently suspect & get strict scrutiny – it’s difficult to justify this classification Gender classifications get intermediate scrutiny– it’s moderately difficult to justify this classification Other classifications (age, wealth, etc) are reasonable & easy to justify

Rights & Liberties Classification Civil Rights The classification must have a relationship to a legitimate government purpose Some forms of state discrimination are valid Age discrimination against young people is usually valid Some forms of gender discrimination is OK – treatment in some schools or in the military Some forms of racial discrimination are OK as part of affirmative action programs

Legal Rights for African Americans Civil Liberties & Civil Rights

Civil Rights Dred Scott v. Sanford African Americans In 1857, Dred Scott, a freed slave, was ruled to be property and therefore did not have standing to sue The Court ruled that descendants of Africans could not be citizens in the US It also affirmed that slaves were property, therefore Congress could not ban slavery in any territories since a person has property rights

Civil Rights Constitutional Amendments African Americans Thirteenth Amendment – 1865 – prohibited slavery everywhere in the United States Fourteenth Amendment – 1868 – granted citizenship rights to former slaves (all people born in the United States) It also defined citizenship – states had to grant all citizens privileges & immunities, could not take away life, liberty, or property without due process, and had to guarantee equal protection of the law Fifteenth Amendment – 1870 – prevented states from denying the right to vote on account of race, nationality, or previous condition of servitude

Civil Rights Reconstruction African Americans Initially harsh limits on Southern governments prevented any Confederate officers from holding office The Union army occupied the Southern states and they were forced to ratify the new amendments to get back in the US It worked! In the first ten years after the war, African American men voted and many held state and federal offices. The 1876 election ended Reconstruction as part of a deal with Congress settling the election in the House

Civil Rights Jim Crow Laws African Americans After Reconstruction, states began passing codes of segregation Civil Rights cases in 1883 ruled that the 14 th Amendment did not protect individuals from discrimination by private businesses

Civil Rights Plessy v. Ferguson African Americans Plessy was arrested for riding in the white train car instead of the colored car Did this violate the 14 th Amendment’s guarantee of equal protection? The Court ruled that since there was a car for each group, they were being treated equally “separate but equal” became precedent for the Court

Civil Rights Smith v. Allwright African Americans could vote, but political parties are private groups and they run primaries. Can political parties keep African Americans from voting? The Court ruled that Smith was denied his equal protection under the law if the Democratic Party banned his voting

Civil Rights Mc. Lauren V Oklahoma African Americans Mc. Lauren wanted to get a doctorate in education, there was no school for him. Could he be admitted to the University of Oklahoma since there was no “separate but equal” facility? The Court ruled that he could not be denied the education because of the lack of a facility for him, so Oklahoma had to let him in The school was allowed to give him a separate lunch table, library desk, and he had to sit right outside the room.

Civil Rights Sweatt v. Painter African Americans Sweatt wanted to go to law school and there wasn’t one for him. Texas built a law school just for him! (It’s Texas Southern) The Court ruled that the facilities were not really equal since he couldn’t interact with other law students “separate but equal” did not apply to professional schools

Civil Rights Brown v. Board of Ed. African Americans Linda Brown had to go to a black school more than a mile bus ride from her house despite a white school being 7 blocks away Is she getting equal protection? The Court ruled that “separate but equal is inherently unequal” and overturned Plessy. Schools had to be desegregated Brown v. Board II Court ordered that schools had to be desegregated “with all deliberate speed”

Civil Rights Swann v. Charlotte African Americans In order to integrate schools, Charlotte began “bussing” which meant strange shaped districts to create racial balance What does Brown mean? The Court ruled that Brown was more than just an order for states to not segregate, but an order to integrate Court upheld bussing as a remedy for achieving integrated schools.

Civil Rights Act of 1964 African Americans Racial discrimination is illegal in places of public accommodation Forbids employment discrimination based on race, color, national origin, religion, or gender Created the EEOC to enforce protections against job discrimination The federal government can withhold money from any institution that discriminates

Civil Rights Voting Rights Act of 1965 African Americans Prohibits the government from using procedures that discriminate Banned the use of the literacy test (and the 24 th Amendment banned poll tax) Federal government sends “election referees’ to areas with a history of racial discrimination in voting. Preclearance – in areas with history, any change in voting law/procedures must be submitted to the federal government for approval

Civil Rights Heart of Atlanta v. United States African Americans The Civil Rights Act had been passed, but Heart of Atlanta Motel refused to rent rooms to African Americans. Did the commerce clause give Congress the power to ban discrimination? Following the ruling in Brown , the Court affirmed the right of Congress to use the Commerce Clause to pass the CRA. Segregation was not allowed by any business that served the public, overturning the old Civil Rights Cases rui

Civil Rights Katzenbach V Mc. Clung African Americans Restaurant argued that forcing businesses to serve African Americans was an unfair burden to small, private businesses Did the commerce clause give Congress the power to ban discrimination? Following the ruling in Brown & Heart of Atlanta, the Court affirmed the right of Congress to use the Commerce Clause to pass the CRA. Segregation was not allowed by any restaurant since it participated in interstate commerce.

Affirmative Action Programs Civil Liberties & Civil Rights

Civil Rights Affirmative Action Programs designed to give extra attention or special treatment of some previously disadvantaged group An effort to bring about increased employment, promotions, or admissions for members of groups who have historically faced discrimination In these areas An attempt by the state to go beyond “equal opportunity” to try to achieve “equal results”.

Civil Rights Regents of University of California v. Bakke Affirmative Action Bakke was not admitted to UC Davis medical school after applying twice. His GPA & test scores were higher than some minority students who got in through a special admissions program. UC Davis set aside 16 seats for students who were admitted through this special program Was Bakke’s right to equal protection being violated? The Court ruled that affirmative action programs were OK, but that racial quotas were not. Bakke got admitted.

Civil Rights Affirmative Action Michigan got sued twice in 2003 Gratz V Bollinger Undergrad ranked every student on a 150 point scale and you needed 100 to get in. African American, Hispanic, and Native American students got 20 points. (a perfect SAT got 12 points!) This was unconstitutional Grutter V Bollinger Michigan gave “special consideration’ for minority students in law school admissions The Court ruled the school COULD use race as a factor in admissions

Civil Rights Fisher v. University of Texas Affirmative Action Fisher did not get in to University of Texas at Austin The school guarantees admission to students graduating in the top 10% of their class in a Texas high school Fisher had a 3. 6 GPA and 1180 on SATs and was top 12% at her school, higher than some students in the top 10% program Was Texas violating equal protection? The Court ruled that the program was constitutional

Civil Rights Critics of Affirmative Action Critics of these programs typically call these forms of “reverse racism” Cases against these programs are brought by individuals that feel discriminated against because someone less qualified than them is hired, promoted, or admitted over them Many states, including California and Michigan, have now passed bans on state affirmative action programs in hiring, contracting, or educational admissions.

Bigly Ideas Civil Liberties & Civil Rights

Public Policy Wrap Up Fourteenth Amendment Brown V Board Civil Rights & Voting Rights Affirmative Action Programs Focus on these things: