Civil Rights and Civil Liberties The Civil War

Civil Rights and Civil Liberties

The ‘Civil War Amendments’ The Civil Rights Movement began with the end of the Civil War. 3 so-called ‘Civil War’ Amendments were very quickly added to the Constitution: 13 th Amendment abolished Slavery {1865} 14 th Amendment made former slaves citizens of the United States and more* (more later) 15 th Amendment gave former slaves right to vote.

The 14 th Amendment Constitutionally, the 14 th Amendment to the U. S. Constitution is regarded as hugely important. It accomplished a number of things.

1. The amendment provides a broad definition of citizenship, including the idea that those born on U. S. Soil are automatically U. S. Citizens. The Latin term for the concept is ‘jus soli. ’ This is not the case in all nations. It is not uncommon for citizens of Mexico to cross the border to have their babies in U. S. Hospitals. This practice, known as ‘anchor babies’ insures that their children will be U. S. Citizens. =

2. The 14 th Amendment also requires states to provide equal protection under the law to all people. The ‘Equal Protection Clause’ requires state governments to treat everyone the same, regardless of race, etc.

3. The 14 th Amendment’s ‘Due Process Clause’ has been used to apply most of the Bill of Rights to state governments. {The Bill of Rights really only apply to the Federal Govt. } The states that had tried to secede had just been forcibly dragged back into the Union. They wanted to make it clear that state governments had to provide the same kinds of rights and liberties as did the federal govt. Due Process of law is the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. Habeas corpus, being read your rights when arrested, reasonable bail, trial by jury, are all elements of Due Process.

Jim Crow Laws ~ Segregation ~ Even after the so-called Civil War Amendments After the ‘Civil War Amendments’ were ratified, however, the former slave states in the south were slow to change. The system of slavery was replaced by a system of segregation know also as “JIM CROW” (or Black Code Laws) which kept the races separate.

Plessy v. Ferguson (1896) Civil Disobedience: In the 1890’s a ‘Jim Crow’ law in the state of Louisiana was challenged as being unconstitutional. A black man named Homer Plessy committed an act of CIVIL DISOBEDIENCE. He intentionally broke a state law that said that the races had to be accommodated in separate cars on passenger trains.

Civil Disobedience is the active refusal to obey certain laws without resorting to violence. Civil disobedience is one of the many ways people have rebelled against unfair laws. The American author Henry David Thoreau pioneered the modern theory behind this practice in his 1849 essay Civil Disobedience.

Homer Plessy bought a ticket , boarded the train, but then did not sit in the car designated for blacks. He sat in the rail car for whites. He was arrested for breaking the state law of Louisiana and convicted. His case was appealed all the way to the U. S. Supreme Court. Plessy v. Ferguson (1897) The question before the court: Was Louisiana’s law unconstitutional? Was the ‘equal protection’ clause being violated by the state law?

The ‘Separate but Equal Doctrine’ The court ruled in 1897 the Louisiana's law was OK … it was constitutional! The Court said that as long as the races were being treated ‘equally, ’ then it was OK to keep the races separate. The ruling in Plessy versus Ferguson established the famous ‘Separate but Equal Doctrine. ’ Basically, it made segregation legal in the eyes of the U. S. Constitution.

57 years later … in 1954 "Plessy" was reversed by Supreme Court in the case of Brown v. Board of Education of Topeka, Kansas. ‘Brown’ resulted in all practices of segregation being deemed unconstitutional. The ‘Separate but Equal’ doctrine was thrown out the window, so to speak! Brown versus The Board of Education (1954)

But things did not change overnight in the states that had practiced segregation. In 1963 the University of Alabama was still segregated. The Attorney-General of the United States traveled to Alabama with some U. S. Marshalls to force the governor of Alabama to comply with federal law and admit some black students that had applied for admission. Famously, Governor George Wallace physically blocked the entrance to the university. After he had made his point, though, he stood aside. Forest Gump, of course, was looking on.

The Civil Rights Act of 1964. Both ‘Plessy’ and ‘Brown’ were court cases and thus they were about interpreting the meaning of a law [the meaning of ‘equal protection under the law’] In 1964, Congress impacted Civil Rights by actually passing a new law.

This is a picture of President Lyndon B. Johnson signing the Civil Rights Act of 1964 into law. Behind him are many congressmen and some other notables such as MLK. Civil Rights Act of 1964 • • 1. Outlawed discrimination by Private businesses 2. Also, expanded who was included … No discrimination based on Race Gender National origin Religion

Brown v. Board of Education had been about forcing government institutions to desegregate. The Civil Rights Act of 1964 made it illegal for businesses to discriminate. Lunch counters in the South, famous for being ‘segregated’ …. Now had to serve all. The Civil Rights Act of 1964.

Turning to ‘sex’ … The 19 th Amendment to the U. S. Constitution prohibits each of the states and the federal government from denying any citizen the right to vote because of that citizen's sex. It was ratified on August 18, 1920.

The Women’s Movement Into the 1960’s women who did work were mostly all teacher, nurses, or secretaries. In the 60’s and 70’s women demanded to have access to more areas of society.

Title IX of the Education Act of 1972 Said that Colleges must provide equal funds for Men’s and Women’s Athletics.

In the 1970’s -80’s there was an attempt to add the so-called ‘Equal Rights Amendment’ to the U. S. Constitution. In the end, though, it never was able to get the required 38 states to ratify it. The Proposed Amendment: It was argued that the amendment was not necessary, that women were fully protected under existing law. Also, some argued that, if applied literally, the Armed Forces would have to allow women to engage in combat and some even thought that different restrooms for the sexes could be deemed to be unconstitutional.

So … what other kinds of groups ought to be protected under the law against discrimination? In 1991, the U. S. Congress passed a law to protect the disabled from discrimination. The Americans with Disabilities Act of 1990 The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability.

Sexual orientation ? In 1993, President Bill Clinton wanted to throw out the Armed Forces ban on homosexuals in the military. He was unable to have his was but there was a compromise of sorts. The military could still remove known homosexuals but they were also prevented from actively trying to find out a members sexual orientation. Don't ask, don't tell is the common term for the policy about homosexuality in the U. S. military mandated by federal law. The policy prohibits anyone who "demonstrate(s) a propensity or intent to engage in homosexual acts" from serving in the armed forces of the United States, because it "would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability. " The act prohibits any homosexual or bisexual person from disclosing his or her sexual orientation or from speaking about any homosexual relationships, including marriages or other familial attributes, while serving in the United States armed forces. The "don't ask" part of the policy indicates that superiors should not initiate investigation of a servicemember's orientation in the absence of disallowed behaviors, though mere suspicion of homosexual behavior can cause an investigation. - wikipedia

Affirmative Actions goes beyond protecting individuals or groups against discrimination. It purports to make up for past discrimination against a group. A common example of an Affirmative Action program is when universities set aside a number of admissions for members of particular ethnic groups. Sometimes government construction projects require that a certain number of contractors getting work on the project be minority owned. That is another example of Affirmative Action has been very controversial in some cases. “A policy or program designed to redress historic injustices against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities. ”

The ‘Warren Court’ 1953 -69 Over the years, the U. S. Supreme Court has come under criticism for being too …. what is called. . ‘activist’ They say the Supreme has often overstepped it bounds. They say the Supreme Court has made decisions in court cases that have resulted in laws being changed. They argue that it is the job of Congress to make the laws of the land. For example, the U. S. Congress never passed a law saying the abortion was a woman's right … it was the Supreme Court in the case of Roe versus Wade. The Supreme Court said that the right to an abortion was in the constitution … ‘between the lines’ … so to speak. Some say that Roe v. Wade is an example of ‘Court Made Law’ Other’s counter by saying that the abortion question was such a political ‘hot potato’ that Congress was never going to deal with it … just as now it is avoiding the illegal immigration issue. The first ‘Activist’ court is said to be the U. S. Supreme Court under the leadership of Chief Justice Earl Warren in the 1950’s – 60’s. It brought about many changes in American Society in the areas of racial desegregation, the end of prayer in public schools, and restrictions placed on police procedures.

“The Warren Court” 1953 -1969 Supreme Court Activism: Supreme Court makes decisions in court cases that … in effect … change the law. 1. Racial Segregation & Civil rights Brown v. Board of Ed. 1954 2. Separation of “church and state” Prayer in School, etc. 3. Police arrest procedure & “Due Process” Two Landmark S. C. Cases

Civil Rights/Police Procedures/Rights of Accused