Civil Rights & Race

Barbour and Wright

Chapter 5

Civil Rights & Equality Protection of persons in historically

disadvantaged groups from discrimination Positive action by government to guarantee

every person is treated as an equal member of society Different from civil liberties which guarantee personal

freedoms

In American political culture, equality is procedural, not substantive Rely on government to guarantee fair treatment and

equal opportunity, not manipulate equal outcomes

Civil Rights & Race

Supreme Court classifies race as “suspect” Any laws treating people differently due to their

race are under strict scrutiny Must be compelling state interest (pg.134)

Generally associated with, but not limited to African Americans Overcoming things like: slavery, segregation,

discrimination in voting, housing and employment

Race at the Founding By 1787, slavery had

existed for 170 years in North America

Founders purposely avoided the issue of slavery in the Constitution

Each state was allowed to determine if slavery was allowed

Missouri Compromise

As population moved westward, political disagreements over slavery increased 1820: Missouri wanted to join Union as a slave

state Northerners objected Slave states would have had majority in Senate Compromise: Maine would be free state,

Missouri would be slave state North/South slavery distinction

Dred Scott (1857) Slave taken free territory; sued for freedom Court: African Americans were inferior

Unfit to associate with whites

socially or politically No rights to bring lawsuits Congress could not ban slavery

in West—violation of rights to

own property Invalidated Missouri Compromise Set stage for Civil War

Civil War & Reconstruction Emancipation Proclamation (1862)

Freed slaves living in states in rebellion 13th Amendment

Abolished slavery and involuntary servitude 14th Amendment

Equal protection; due process to protect life, liberty and property

15th Amendment Right to vote

Reconstruction ended when Republicans withdrew troops from Democratic South in return for Rutherford Hayes as President (1876)

Plessy v. Ferguson (1896)

Homer Plessy sat in white section of train Black under law (1/8 black)

Arrested, convicted, appealed Court: enforced separation not

unconstitutional Facilities must be equal, but

states could require them to be separate

Segregation

Represented the legitimization of racism Reinforced idea that whites were superior to

blacks in all important ways, including intelligence, morality, and civilized behavior

Jim Crow Culture Blacks and whites could not eat

together Blacks had to ride in the back

seat/truck bed Blacks could never accuse whites

of lying Separate hospitals, prisons,

schools, cemeteries, hotels, restrooms, transportation

Violence against African Americans

Disenfranchisement

Jim Crow laws made it essentially impossible for blacks to vote, despite the 15th Amendment Vote was not denied on the

basis of race, but blacks were targeted in other ways

• Poll taxes• Literacy tests• Grandfather clauses

Brown v. Board of Education (1954) Plaintiffs in several states challenged the local

school districts’ separate but equal policies Separation makes the schools inherently

unequal Keeping children separate makes them feel

inferior American education system is basic to

opportunities and citizenship Court agrees, overturns Plessy decision Southern resistance leads to the need for federal

troops to desegregate schools

Civil Rights Mobilization Opponents to segregation

used nonviolent protests to draw attention to their cause

Peaceful resistance to laws perceived to be unjust Boycotts Sit-ins at restaurants Freedom rides

Brought about social and political change

Civil Rights Legislation Kennedy initiated legislation;

Johnson continued pursuing after assassination

1964 Civil Rights Act Prohibits racial discrimination at

public accommodations, and places of employment

1965 Voting Rights Act Outlawed literacy tests Allowed federal officials to go into

states to register voters

Discrimination Civil rights legislation helped to address de jure discrimination

Discrimination written into law Result was public integration

De facto discrimination is much more difficult to rectify Discrimination in reality—part of society Results from past discrimination, tradition,

custom, economic status and residential patterns

Affirmative Action Creates an obligation to integrate, not

simply an absence of discrimination Employment College and university acceptance Racial quotas vs. interest in diversity

Is it fair? Is it equality? Is it democratic in process? Substance?

Native Americans Congress has veered between

forcing assimilation and encouraging independence “The combination…stripping them

of their native lands and cultural identity, and reducing their federal funding to encourage more independence has resulted in tremendous social and economic dislocation in the Indian communities.”

Poverty, alcoholism, abuse, lower levels of education

Hispanic Americans U.S.’s largest minority group (13%) Diverse countries of origin, custom and

levels of political involvement Backlash against illegal immigration has

created barriers for Hispanic American

citizens Sought-after voter group

Asian Americans Highly diverse group in origin,

language and culture Faced discrimination as railroad

and mine laborers Height of discrimination was

Supreme Court-endorsed internment of Japanese Americans during WWII.

Despite higher incomes and levels of education, Asian Americans tend to vote less than other minority groups