Civil Rights

AP Government Civil Rights

1. Civil RightsCivil Rights
We hold these truths to be self We hold these truths to be self
evident…evident…

2. 
Despite great strides in civil rights (Voting Despite great strides in civil rights (Voting
Rights Act, 19Rights Act, 19
thth
Amendment, ADA, and the Amendment, ADA, and the
election of a minority President), civil election of a minority President), civil
rights remain an important, controversial, rights remain an important, controversial,
and complex issue in contemporary and complex issue in contemporary
American Politics.American Politics.

Various Social movementsVarious Social movements

Minorities, Women, Disabled, etc.Minorities, Women, Disabled, etc.

3. Conceptions of EqualityConceptions of Equality

What does equality mean?What does equality mean?

Equality of opportunity?Equality of opportunity?

Equality of results?Equality of results?

The Constitution and equalityThe Constitution and equality

Equality does not appear in original Equality does not appear in original
ConstitutionConstitution

France – equalityFrance – equality

US – independenceUS – independence

Equality not in Bill of RightsEquality not in Bill of Rights

4. 14th Amendment - “equal 14th Amendment - “equal
protection clause” protection clause”

14th Amendment14th Amendment

All persons born or naturalized in the United States and subject to the All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.wherein they reside.
No State shall make or enforce any law, which shall abridge the privileges No State shall make or enforce any law, which shall abridge the privileges
and immunities of citizens of the United States;and immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without nor shall any State deprive any person of life, liberty, or property, without
due process;due process;
nor deny to any person within its jurisdiction the equal protection of the laws.nor deny to any person within its jurisdiction the equal protection of the laws.



open to interpretation open to interpretation

5. Scott v. Sanford,1857Scott v. Sanford,1857

Chief justice Roger B. Taney, “African Chief justice Roger B. Taney, “African
Americans were not “persons” and thus Americans were not “persons” and thus
had no rights under the Constitution”had no rights under the Constitution”

This decision invalidated the Missouri This decision invalidated the Missouri
Compromise – Free State vs. Slave StateCompromise – Free State vs. Slave State

Led to the Civil WarLed to the Civil War

6. Plessy v. Ferguson: “Separate But Plessy v. Ferguson: “Separate But
Equal”Equal”

18961896

Doctrine upheld Jim Crow LawsDoctrine upheld Jim Crow Laws

Does not violate equal protection clauseDoes not violate equal protection clause

7. Racial Discrimination After WWIIRacial Discrimination After WWII

Truman – Success of integration in WWII Truman – Success of integration in WWII

Presidents Commission on Civil RightsPresidents Commission on Civil Rights

No Constituional authorityNo Constituional authority

Supreme Court begins to change Supreme Court begins to change
positionspositions

Shelly v. Kraemer (1948) – restrictive Shelly v. Kraemer (1948) – restrictive
covenantscovenants

8. Brown v. Board of Education of Brown v. Board of Education of
Topeka, KansasTopeka, Kansas

Thurgood Marshall – attorney for NAACPThurgood Marshall – attorney for NAACP

SC - “Could no longer use race as a criterion SC - “Could no longer use race as a criterion
of discrimination in public schools “of discrimination in public schools “

9. Civil Rights After BrownCivil Rights After Brown

Strict Scrutiny test Strict Scrutiny test (highest level of scrutiny used by the courts)(highest level of scrutiny used by the courts)

Burden of proof on gov’tBurden of proof on gov’t

most states refused to cooperate, until suedmost states refused to cooperate, until sued

cooperation eliminated cooperation eliminated de jurede jure segregation segregation
but but de factode facto segregation still existed segregation still existed

discrimination in social and economic activity discrimination in social and economic activity
were not directly touchedwere not directly touched

10. School DesegregationSchool Desegregation

Deep South – “massive resistance”Deep South – “massive resistance”

1957 - Little Rock Nine1957 - Little Rock Nine
Gave way to pupil placementGave way to pupil placement

11. Social Protest and Congressional Social Protest and Congressional
ActionAction

SCLC, SNCC, CORESCLC, SNCC, CORE

Media to attract popular supportMedia to attract popular support

1963 – MLK – March on Washington – “I 1963 – MLK – March on Washington – “I
have a Dream”have a Dream”

12. Civil Rights Act of 1964Civil Rights Act of 1964

Made racial discrimination illegal – hotels, Made racial discrimination illegal – hotels,
restaurants and other place of public restaurants and other place of public
accommodationsaccommodations

Forbade employment discrimForbade employment discrim

Withholding federal grants from state and Withholding federal grants from state and
local governmentslocal governments

EEOCEEOC

US Justice Department strengthenedUS Justice Department strengthened

13. ***disparate impact standard – the idea that discrimination exists if a practice ***disparate impact standard – the idea that discrimination exists if a practice
has a negative effect on a specific group, whether or not was this effect was has a negative effect on a specific group, whether or not was this effect was
intentionalintentional
YEAR ACT MAJOR PROVISION
1875
Civil Rights Act Bans discrimination in places of public accom. ( decl. uncon.)
1957
Civil Rights Act Makes it a fed crime to prevent a person from voting in a fed
election – no enforcement – Create Civil Rights Comm
1963
Equal Pay Act Bans wage discrim. Based on race, sex, color, religion, or
national origin – no enforcement
1964
Civil Rights Act Bans discrim in places of public accom, federally funded
programs, and in private employment; authorizes Justice
Department to bring school integration suits
1965
Voting Rights Act Allows federal registers to register voters and ensure those
registered can exercise their right to vote w/o qualifications
eliminated voting qualifications such as passing a literacy test
1967
Age Discrimination Act Bans discrim in employment based on age
1968
Civil Rights Act
Title VIII
Bans racial discrim in sale or rental of housing
1972
Higher Education Act
Title IX
Forbids discrim based on sex by universities and colleges
receiving federal aid
1974
Housing and Community
Development Act
Bans housing discrim based on sex
1990
Americans with
Disabilities Act
Bans discrim in employment, transportation, public accom, and
telecommunications against persons with phys. or mental
disabilities.

14. BusingBusing

Cities use busing to combat segregationCities use busing to combat segregation

Eruption of violenceEruption of violence

Boston – city in crisisBoston – city in crisis
forced bussing

15. Discrimination in EmploymentDiscrimination in Employment

Title VIII makes it unlawful to discriminate Title VIII makes it unlawful to discriminate
in employment on the basis of color, in employment on the basis of color,
religion, sex, or national originreligion, sex, or national origin

EEOCEEOC
Problem – complaining party had to show Problem – complaining party had to show
deliberate discrimdeliberate discrim

16. VotingVoting

Prevent suffrage for BlacksPrevent suffrage for Blacks

Poll taxesPoll taxes

White PrimaryWhite Primary

Literacy testsLiteracy tests

Getting the Right to VoteGetting the Right to Vote

1515
thth
Amendment Amendment

1965 Voting rights Act1965 Voting rights Act

2424
thth
Amendment Amendment

GerrymanderingGerrymandering

Shaw v. Reno, 1993 – has diluted this powerShaw v. Reno, 1993 – has diluted this power

17. HousingHousing

Fair Housing ActFair Housing Act

Enforcement mechanisms weakEnforcement mechanisms weak

Burden of proof on the individualBurden of proof on the individual

1988 Fair Housing Act1988 Fair Housing Act

Eliminate redliningEliminate redlining

18. The Universalization of Civil RightsThe Universalization of Civil Rights

Rights being claimed by others…Rights being claimed by others…

19. Native AmericansNative Americans

Oldest minority groupOldest minority group

About 4.5 million people identify About 4.5 million people identify
themselves as Native American/Alaskanthemselves as Native American/Alaskan

Long history of discrimination and Long history of discrimination and
exploitationexploitation

1934 made citizens of the US1934 made citizens of the US

AIM, American Indian MovementAIM, American Indian Movement

Many live in poverty and have ill heatlthMany live in poverty and have ill heatlth

20. Hispanic AmericansHispanic Americans

Largest minority group in the USLargest minority group in the US

Approx – 45 millionApprox – 45 million

SegregationSegregation

DiscriminationDiscrimination

MALDEFMALDEF

21. Asian AmericansAsian Americans

Fasting growing minority groupFasting growing minority group

15 million in US15 million in US

Discrimination during WWIIDiscrimination during WWII

Korematsu v. United States, 1944 – Korematsu v. United States, 1944 –
Japanese internmentJapanese internment

Today – this minority group has been able Today – this minority group has been able
to assume prominent positions in U.S. to assume prominent positions in U.S.
society.society.

22. Arab Americans and MuslimsArab Americans and Muslims

1.2 million persons of Arab ancestry in the 1.2 million persons of Arab ancestry in the
USUS

This group has endured much This group has endured much
discrimination after 9/11discrimination after 9/11

23. Government in AmericaGovernment in America

24. Women and GovernmentWomen and Government

Until 1920’s, politics and government in Until 1920’s, politics and government in
the US was the Man Showthe US was the Man Show

Politics took place in male institutionsPolitics took place in male institutions

Clubs, bars, lodgesClubs, bars, lodges

Considered a “dirty job” and would corrupt womenConsidered a “dirty job” and would corrupt women

25. Women’s SphereWomen’s Sphere

Women were involved in other public Women were involved in other public
issuesissues

Abolition of slaveryAbolition of slavery

Alcohol consumption – WCTUAlcohol consumption – WCTU

Child laborChild labor

Life in the city – Hull HouseLife in the city – Hull House

immigrationimmigration

26. Early Political MovementsEarly Political Movements

World Antislavery Convention, 1840World Antislavery Convention, 1840

Women delegate barred from active Women delegate barred from active
participationparticipation

Lucretia Mott, Elizabeth Cady StantonLucretia Mott, Elizabeth Cady Stanton

Seneca Falls Convention, 1848Seneca Falls Convention, 1848

First Women's Rights ConventionFirst Women's Rights Convention

Declaration of Sentiments – We hold these Declaration of Sentiments – We hold these
truths…All men and women are created equaltruths…All men and women are created equal

27. 1860-18701860-1870

NAWSA – S. B. Anthony, StantonNAWSA – S. B. Anthony, Stanton

Wyoming and other western states give Wyoming and other western states give
women the right to votewomen the right to vote

Women organize and begin their fight for Women organize and begin their fight for
political rightspolitical rights

Congressional Union – Alice PaulCongressional Union – Alice Paul

Civil disobediance Civil disobediance

28. Women's SuffrageWomen's Suffrage

1919
thth
Amendment Amendment

19201920

Only one signer of the Senaca Falls Only one signer of the Senaca Falls
Convention lived to vote for president in 1920Convention lived to vote for president in 1920

1920-1960 – The Doldrums1920-1960 – The Doldrums

Movement lost momentumMovement lost momentum

Division with in the ranksDivision with in the ranks

Public policy continued to be dominated by Public policy continued to be dominated by
protectionismprotectionism

29. The Modern Women's MovementThe Modern Women's Movement

Started in the 1960’sStarted in the 1960’s

Betty Friedan’s - Betty Friedan’s - The Feminine Mystique, The Feminine Mystique,
1973 – 1973 – Question traditional assumptions.Question traditional assumptions.

NOW & NWPCNOW & NWPC

To bring women into full participation in to the To bring women into full participation in to the
mainstream of American societymainstream of American society

All privileges and responsibilitiesAll privileges and responsibilities

Feminism?Feminism?

30. Equal Rights AmendmentEqual Rights Amendment

““Equality of rights under the law shall not Equality of rights under the law shall not
be abridged by the US or any state on be abridged by the US or any state on
account of sex”account of sex”

Failed with only 35 of 38 states needed for Failed with only 35 of 38 states needed for
ratificationratification

31. Gender DiscriminationGender Discrimination

With failure of ERA – Focus on With failure of ERA – Focus on
discrimination taken to court and discrimination taken to court and
legislatureslegislatures

1414
thth
amendment violations amendment violations

Considerable successConsiderable success

32. CourtsCourts

Reed v. Reed, 1971 – landmark gender Reed v. Reed, 1971 – landmark gender
discrimination case.discrimination case.

Craig v. Boren, 1976 – SC established a Craig v. Boren, 1976 – SC established a
“medium scrutiny” standard for “medium scrutiny” standard for
determining gender discrimination.determining gender discrimination.

33. Women in Politics TodayWomen in Politics Today

New groups – New Leadership. EMILYS New groups – New Leadership. EMILYS
ListList

More women in Congress, Executive and More women in Congress, Executive and
Judicial BranchesJudicial Branches

34. Gender-Based Discrimination in the Gender-Based Discrimination in the
WorkplaceWorkplace

Title VII of 1964 CR Act - 1978 amended Title VII of 1964 CR Act - 1978 amended
to include pregnancyto include pregnancy

Sexual Harassment?Sexual Harassment?

How to define hostile environment?How to define hostile environment?

Wage discriminationWage discrimination

2006 81 cents for every dollar2006 81 cents for every dollar

Lilly Ledbetter ActLilly Ledbetter Act

Glass ceilingGlass ceiling

35. Women in CombatWomen in Combat

Secretary of Defense lifted the ban on Secretary of Defense lifted the ban on
women in combat in 2012women in combat in 2012

36. Special Protection for Older Special Protection for Older
AmericansAmericans
The Age Discrimination in Employment
Act of 1967 prohibits discrimination by
age in all but a limited number of
occupations where age is considered
relevant to the job
AARP fights for the “aged”

37. Securing Rights for Securing Rights for
Persons with DisabilitiesPersons with Disabilities
- The most significant development
for the disabled to date was the
passage of the Americans with
Disabilities Act of 1990 (ADA)
- Prohibits job discrimination against
individuals with physical or mental
disabilities
- Employees with disabilities must be
accommodated.

38. The Rights and The Rights and
Status LGBT Status LGBT
AmericansAmericans

The modern movement is The modern movement is
conventionally held to have conventionally held to have
begun following the begun following the StonewallStonewall
incident incident

1986, with the case 1986, with the case Bowers v. Bowers v.
Hardwick, Hardwick, when the Supreme when the Supreme
Court upheld a Georgia law Court upheld a Georgia law
that banned homosexual that banned homosexual
conduct between adults. In conduct between adults. In
Lawrence v. Texas (2003), Lawrence v. Texas (2003),
however, the Court reversed however, the Court reversed
itself and effectively struck itself and effectively struck
down all remaining sodomy down all remaining sodomy
laws across the country. laws across the country.
Stonewall Inn

39. Gay Men and Lesbians in the Gay Men and Lesbians in the
MilitaryMilitary

The “don’t ask, don’t tell” policy, a The “don’t ask, don’t tell” policy, a
compromise instituted under President compromise instituted under President
Bill Clinton in 1993Bill Clinton in 1993

This policy ended in Sept of 2011This policy ended in Sept of 2011

40. Same-Sex Same-Sex
MarriagesMarriages

The The Vermont legislature first to Vermont legislature first to
pass a law permitting “civil pass a law permitting “civil
unions”unions” between same-sex between same-sex
couples couples

As of 2015, 37 states have As of 2015, 37 states have
legalized same-sex marriage. legalized same-sex marriage.

41. by C ourt Decisi on
Alabama* (Feb. 9, 2015), Alaska (Oct. 17, 2014), Arizona (Oct. 17, 2014), California (June 28, 2013), Colorado (Oct. 7, 2014), Connecticut (Nov. 12,
2008), Florida (Jan. 6, 2015), Idaho (Oct. 13, 2014), Indiana (Oct. 6, 2014), Iowa (Apr. 24, 2009), Kansas (Nov. 12, 2014), Massachusetts (May 17,
2004), Montana (Nov. 19, 2014), Nevada (Oct. 9, 2014), New Jersey (Oct. 21, 2013), New Mexico (Dec. 19, 2013), North Carolina (Oct. 10, 2014),
Oklahoma (Oct. 6, 2014), Oregon (May 19, 2014), Pennsylvania (May 20, 2014), South Carolina (Nov. 20, 2014), Utah (Oct. 6, 2014), Virginia (Oct.
6, 2014), West Virginia (Oct. 9, 2014), Wisconsin (Oct. 6, 2014), Wyoming (Oct. 21, 2014)
 
8
by S t ate Legi sl ature
Delaware (July 1, 2013), Hawaii (Dec. 2, 2013), Illinois (June 1, 2014), Minnesota (Aug. 1, 2013), New Hampshire (Jan. 1, 2010), New York (July 24,
2011), Rhode Island (Aug. 1, 2013), Vermont (Sep. 1, 2009)
3
by P opular Vote
Maine (Dec. 29, 2012), Maryland (Jan. 1, 2013), Washington (Dec. 9, 2012)

42. Congress passed the Defense of Marriage act of 1996, which allowed states to
refuse to recognize same-sex marriages performed in other states. barred
same-sex married couples from being recognized as "spouses" for purposes of
federal laws, effectively barring them from receiving federal marriage benefits.
DOMA's passage did not prevent individual states from recognizing gay
marriage, but it imposed constraints on the benefits received by all legally
married gay couples.
United States v. Windsor (2013)
In striking down part of the Defense of Marriage Act of 1996, a 5-to-4 majority
of the Supreme Court overturned a law that denied federal benefits to same-
sex couples. The decision does not guarantee a right to same-sex marriage,
but it allows people who live in states that allow same-sex marriage to receive
the same federal benefits as heterosexual couples.
The decision leaves in place another provision in the law that says no state is
required to recognize gay marriages performed in any other state. That
provision was not under challenge.
DOMA

44. Policies that give special preferences in Policies that give special preferences in
educational admissions and employment decisions educational admissions and employment decisions
to groups that have been discriminated against in to groups that have been discriminated against in
the past. the past. “Leveling the playing field”“Leveling the playing field” for women for women
and African Americans in particular.and African Americans in particular.
What is
?

45. Affirmative Action is aAffirmative Action is a
Controversial Issue Controversial Issue
for Several Reasonsfor Several Reasons

Some say it is no longer warrantedSome say it is no longer warranted

““Backlash” is created that hurts race Backlash” is created that hurts race
relations relations

Reverse discriminationReverse discrimination

Discredits their achievementsDiscredits their achievements

Economic realities shows AA is Economic realities shows AA is
neededneeded

46. PresidentPresident
Lyndon B. JohnsonLyndon B. Johnson
19671967
"Our nation is moving toward two societies, one black, one "Our nation is moving toward two societies, one black, one
white--separate and unequal....certain fundamental white--separate and unequal....certain fundamental
matters are clear. Of these, the most fundamental is the matters are clear. Of these, the most fundamental is the
racial attitude and behavior of white Americans toward racial attitude and behavior of white Americans toward
black Americans. Race prejudice has shaped our history black Americans. Race prejudice has shaped our history
decisively; it now threatens to affect our future. White decisively; it now threatens to affect our future. White
racism is essentially responsible for the explosive mixture racism is essentially responsible for the explosive mixture
which has been accumulating in our cities...."which has been accumulating in our cities...."
separate and unequal

47. Regents of the Regents of the
University of California v. BakkeUniversity of California v. Bakke
(1978)(1978)
The Supreme Court ruled that The Supreme Court ruled that quota quota
systems that only considered the systems that only considered the
race of an applicant were race of an applicant were
unconstitutionalunconstitutional. The court’s . The court’s
decision applied only to situations decision applied only to situations
where race was the sole factor being where race was the sole factor being
used. used.

48. Adarand Constructors, Inc. v. Adarand Constructors, Inc. v.
PeñaPeña
19951995
U.S. Supreme Court ruled that when governments U.S. Supreme Court ruled that when governments
use affirmative action programs, it must do so under use affirmative action programs, it must do so under
the the “strict scrutiny” “strict scrutiny” rule. This means that rule. This means that
governments cannot use quota systems to select governments cannot use quota systems to select
unqualified companies for government contracts. unqualified companies for government contracts.

49. Recent Supreme Court Recent Supreme Court
DecisionsDecisions
Grutter vs. Bollinger & Gratz v. BollingerGrutter vs. Bollinger & Gratz v. Bollinger
In two University of Michigan In two University of Michigan
cases in 2003, the Court indicated cases in 2003, the Court indicated
that that “diversity” was a legitimate “diversity” was a legitimate
goal in college admissions, but goal in college admissions, but
could not be achieved by could not be achieved by
automatically assigning “points” to automatically assigning “points” to
minority applicantsminority applicants

50. Fisher v. University of Texas is a United States Supreme Court case
concerning the affirmative action admissions policy of the University of
Texas at Austin. The Supreme Court voided the lower appellate court's
ruling in favor of the University and remanded the case, holding that the
lower court had not applied the standard of strict scrutiny, articulated in
Grutter v. Bollinger and Regents of the University of California v. Bakke, to
the University's admissions program. The Supreme Court's ruling in Fisher
took Grutter and Bakke as given and did not directly revisit the
constitutionality of using race as a factor in college admissions.

52. Quiz on Affirmative ActionQuiz on Affirmative Action
1.1.What is Affirmative Action?What is Affirmative Action?
2.2.What is reverse discrimination?What is reverse discrimination?
3.3.What is strict scrutiny?What is strict scrutiny?
4.4.What is an argument in favor of Affirmative Action?What is an argument in favor of Affirmative Action?
5. What is an argument opposed to Affirmative Action?5. What is an argument opposed to Affirmative Action?

53. 5 paragraph essay5 paragraph essay

Does affirmative action violate the 14Does affirmative action violate the 14
thth

amendment’s requirement of equal amendment’s requirement of equal
protection?protection?