Civil Rights Act and Voting Rights Act
What was the Commerce Clause and how does it connect to the Civil Rights Act of 1964
The Commerce Clause allowed Congress the ability to regular commerce relationships between other countries/states/Indian tribes. When the CRA was passed, Congress relied on the commerce clause to prohibit racial segregation in places of public accommodation that involved interstate commerce.
What caused the Voting Rights Act of 1965?
Because blacks were being turned away from voting booths by literacy tests, grandfather clause, violence.
Why was the Civil Rights Act of 1964 so important?
Because it outlawed discrimination based on race, color, religion, sex, or national origin. This advanced equality and nondiscrimination of public accommodation + the right to equal employment opportunity.
In what significant way was the Civil Rights Act of 1964 deficient? In other words, why were many black Americans disappointed with Title I?
CRA did not prevent states/election officials from practices that continued denying blacks to vote (i.e. literacy tests, violence, grandfather clause).
Does the Civil Rights Act of 1964 protect against all types of discrimination? Why or why not?
No, discrimination among private/small businesses (under 20 people), pregnant women, disability, sexual orientation, age were still discriminated (and literacy tests continued).
What additional class was covered under Title VII?
Pregnant women
What are the four protected classes covered under Title II?
Race, color, religion, national origin
What were some ways that enforcement strategies were built into the Voting Rights Act
Section 3 and 8 allowed federal workers to monitor polling places during election season to make sure rules were followed.
What are three types of impediments to voting that exist today? Who is impacted by each of these impediments and why?
Voter ID laws (minorities), voting booths being closed down or having to wait in the heat (old people), voting booths only open during working hours (working class), gerrymandering (minorities, certain political groups)
Why did African Americans want the right to vote?
Wanted to have equal rights as Whites and able to raise their voice in democracy.
What types of businesses were exempt from Title VII?
Federal government, religious groups, certain nonprofit organizations
What were some of the ways that the government was able to ensure that people complied with the Civil Rights Act of 1964? Look especially at Titles IV, VI, IX, and XI.
1. The government closely monitored that rules were being followed + had the right to remove federal funding. Title IV: gives government more power in encouraging desegregation in public schools Title VI: federally funded programs can have their grants/loans taken away if they discriminate Title IX: made it easier to move a case from state to federal court in fear of prejudiced state courts Title XI: creates a criminal contempt punishment for anyone violating Civil Rights Act titles
What does the 14th Amendment cover and what types of segregation did it not prevent in the South?
14th amendment covered due process (right to life, liberty, property), equal protection, and privileges/immunities. Did not prevent discrimination among private businesses, pregnant women, sexual orientation, age, and literacy tests were still allowed.
1. Why did the Supreme Court rule in the Shelby County v Holder case that pre-clearance was no longer necessary in certain areas?
Determined under Coverage formula that likely to disenfranchise people, then u had to be pre-cleared by attorney general in order to make changes to voting. SC ruled that coverage formula was unconstitutional because it was unfair to certain states, and since pre-clearance was based on coverage formula, since u get rid of coverage formula u get rid of pre-clearance
What were several additional classes added in subsequent legislation?
Gender, disability, sexual orientation
What types of impediments to voting did the Voting Rights Act of 1965 eliminate?
Got rid of voting prerequisites.
What types of discrimination did African Americans experience when they tried to vote before 1965? You should be able to list types of voting requirements that existed and types of physical or mental intimidation that occurred. You can use information from the film.
Literacy tests, grandfather clause, poll taxes, violence.
1. What do Titles I, II, VI, and VII address?
Title I: prohibits unequal applications of voting requirements Title II: prevents private businesses from discriminating based on race, color, religion, national origin Title VI: federally funded programs can have grants/loans taken away if discriminate Title VII: requires collection of voting data in certain areas, includes the Fair Housing Act
Was the Voting Rights Act of 1965 successful in increasing access to voting for African Americans? How do you know?
Yes, data shows that black voter turnout increased a lot after 1965.