Chapter 4 - Civil Rights

Civil War amendments or the Reconstruction amendments

The 13th, 14th, and 15th Amendments aimed at extending civil rights to the millions of newly freed African Americans

Civil rights, on the other hand, are generally considered positive liberties because...

they are associated with actions that government must take to ensure that all citizens are able to participate fully in society

Civil liberties are generally considered negative liberties because...

they are associated with the absence of government interference or coercion.

Those prohibiting slavery opposed it for two reasons...

they felt slavery was wrong, and they disliked the economic advantage it gave to Southern states

How does Justice Harlan, Supreme Court Judge and the dissenter of the Plessy V Ferguson ruling, most notably differ from the opinion of the rest of the Court on the decision to allow separate but equal facilities in Plessy V Ferguson? A. He believes that the existence of a social hierarchy is protected by the Constitution. B. He believes that the black race is inherently superior to the white race. C. He believes that the constitution does not and should not support a racial hierarchy among citizens. D. He believes that it is the duty of Congress and the president, not the courts, to enforce racial equality. E. He believes that the Dred Scott decision was a wise one.

In contrast to the majority opinion, Justice Harlan believes that the constitution does not and should not support a racial hierarchy among citizens

What was the significance of the Missouri Compromise? Its provisions allowed Dred Scott to obtain his freedom. OR It banned slavery in the Western states. OR It added two slave states to the Union. OR It granted freedom to any slave whose master established residence in a free territory.

It granted freedom to any slave whose master established residence in a free territory.

The mission against taking down segregation started with...

Taking down segregation in education.

Brown v. Board of Education of Topeka, Kansas (1954)

A little girl who was forced to walk several miles each day across active railroad tracks to attend a school for African Americans, despite the fact that she lived less than a mile from an all-white elementary school. Supreme court rules SEPARATE IS NEVER EQUAL.

Affirmative Action

A range of policies aimed at promoting equality of outcome by providing expanded educational and employment opportunities for members of a previously disadvantaged group.

suffragists

Activists of the 19th and early 20th centuries who advocated the right to vote for women. Suffragists achieved their primary goal with the ratification of the 19th amendment in 1920.

II

African Americans and women paved the way for the expansion of civil rights.

Which of the following would the "unredeemed" states be likely to establish (or test) after the federal occupation of the South ended in 1877? A. a law requiring all children to attend school until the age of 12 B. a law providing reparations payments to former slaves C. a law permitting women to own property D. a law granting voting rights to all women over the age of 18 E. a law prohibiting blacks and whites from eating together in the same section of a restaurant

After the federal occupation ended, many Southern states sought to establish racial segregation in most facets of public life, and thus would be likely to pass laws prohibiting blacks and whites from eating together in the same section of a restaurant, for example.

The affirmative action debate first reached the Supreme Court in 1978, when...

Alan Bakke, a white applicant to the University of California Davis School of Medicine, claimed he had been discriminated against by the university on the basis of his race. Bakke had applied to and been rejected by the medical school twice, even though his college GPA and standardized test scores were higher than those of the African American students admitted under the university's quota system. In a 5 to 4 decision, the Supreme Court ruled that Bakke's rejection was illegal and ordered the medical school to admit him.

Which of the following would be considered a Jim Crow law? A. a federal law mandating the right to vote for all citizens over the age of 18 B. a Knoxville, TN, city law prohibiting teenagers from being on the streets past 11 p.m. C. a Louisville, KY, city law prohibiting the sale of real estate property to blacks D. a Texas law mandating that children must be over the age of five to attend kindergarten E. a Chicago city law prohibiting citizens from carrying certain types of handguns

By specifically discriminating against African Americans, a Louisville, KY, city law prohibiting the sale of real estate property to blacks would be considered a Jim Crow law.

I

Civil rights require equal protection of the law regardless of race, color, religion, gender, age, disability, or national origin.

III

Constitutional amendments, judicial interpretation, and congressional legislation have expanded civil rights.

Freedom Rides

Demonstrations held during the civil rights movement of the 1960s in which activists would ride public transportation (mainly buses) into Southern states in order to protest racial segregation

IV

Diverse groups have employed similar tactics to obtain civil rights protections.

Dred Scott v. Sanford

Dred Scott was a slave who had moved with his master across various state lines. Upon the death of his master, Scott brought suit in the state of Missouri, arguing that the provision of the Missouri Compromise of 1820 that extended freedom to any slave whose master established residence in a free territory applied in his situation. The Supreme Court found that, as a slave, Dred Scott did not possess the rights of citizenship and thus could not sue in federal court, also declared the Missouri Compromise to be an unconstitutional exertion of congressional power.

Letter from a Birmingham Jail

Essay written by Dr. Martin Luther King Jr. that was response to a statement by white clergymen who sympathized with his cause but criticized his tactics. King used the opportunity to articulate his belief in universal rights and defend the use of nonviolent protest to resist unjust laws.

Plessy v. Ferguson (1896)

Established separate but equal doctrine, making segregation constitutional.

During Reconstruction, the civil rights protections of the 14th and 15th Amendments were enforced by which of the following? federal troops city watch committees state police citizen patrols state legislatures

Federal troops occupied the South during Reconstruction, in part to enforce the civil rights protections of the 14th and 15th Amendments for African Americans.

civil rights are concerned with...

Guaranteeing that individual freedoms are provided equally to all citizens

Sweatt v. Painter (1950)

Heman Sweatt sued the University of Texas Law School after he was denied admission because of his race. At the state level, a trial judge found that the university had not met the standard of "separate but equal" and ruled that the school would either have to admit Sweatt or set up an alternative learning environment within six months. The University of Texas chose the second option, establishing a separate black law school in Austin. However, this facility was located in a few basement offices with only a handful of professors and a library of 16,500 books (as compared to the 65,000 books in the white law school). Sweatt refused to attend. He took his case to the Supreme Court and argued that the facilities provided by the University of Texas were separate but not equal. In a landmark decision, the Court agreed, ruling that the state of Texas had failed to provide an equal educational setting.

Based on his views expressed here, to what other type of law might Justice Harlan strongly object? A. a state law prohibiting interracial marriage B. a municipal law establishing a curfew for minors C. a constitutional amendment reinforcing the freedom of religion D. a federal law extending suffrage to women E. an international treaty protecting civil rights

Justice Harlan would most likely object to a state law prohibiting interracial marriage.

Based on Justice Harlan's comments on the Dred Scott decision, what do you think the Court likely allowed or protected in that case? Choose the BEST answer A. measures to desegregate schools B. racial inequality C. the rights of white citizens D. racial equality E. the rights of black citizens

Justice Harlan's negative description of the Dred Scott decision would seem to indicate that the Supreme Court protected racial inequality in that case, and in fact, the Court ruled in Dred Scott v. Sandford (1857) that African Americans, whether slave or free, cannot be U.S. citizens.

Jim Crow Laws

Laws from 1877 to the mid sixties segregating all public places

Missouri ex rel. Gaines v. Canada (1938)

Lloyd Gaines sued the University of Missouri Law School because he was denied admission due to his race. While the University of Missouri had offered to pay for his tuition to attend a law school out of state, Gaines argued that Missouri's failure to meet the "separate but equal" requirements of Plessy v. Ferguson violated his civil rights under the Equal Protection Clause of the 14th Amendment. The Supreme Court agreed, and required that the university either establish a separate but equal law school for African American students or grant Gaines full admission to an existing all-white law school in the state.

Civil Rights Act of 1964

Passed after the assassination of John F. Kennedy. This act guaranteed equal treatment in schools, workplaces, and public facilities, banning any form of discrimination based on race, color, religion, or national origin. The national government enforced these provisions by attaching federal funding to compliance—any state agency that violated the act would lose federal funding. To monitor compliance with this provision, Congress established the Equal Employment Opportunity Commission to provide a vehicle for individual employees to file discrimination complaints. The Civil Rights Act of 1964 also incorporated provisions that empowered the national government to oversee state efforts at compliance and to bypass state courts in cases of racial discrimination.

What was the immediate effect of Abraham Lincoln's election to the presidency? South Carolina seceded from the Union. OR The Emancipation Proclamation was issued. OR The Missouri Compromise was enacted. OR Slavery was abolished.

South Carolina seceded from the Union.

Who drafted the 19th Amendment to the Constitution?

Susan B. Anthony

14th Amendment

The 14th Amendment granted the full rights of national and state citizenship to "all persons born or naturalized in the United States." It also guaranteed citizens due process and equal protection under the law: (No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.)

What did the New Orleans Citizens' Committee intend to test in Plessy V Ferguson? A. unwritten railroad policies barring blacks and whites from traveling together on the same train B. the constitutionality of the Transportation Segregation Amendment C. enforcement of the Civil Rights Act of 1875 D. the constitutionality of the Separate Car Act E. enforcement of Louisiana's Black Codes

The Citizens' Committee sought to test the constitutionality of the Separate Car Act, a Louisiana law requiring blacks and whites to ride in different train cars while traveling by railroad.

What does the Court seem to feel about the state of American race relations in 1896?

The Court seems to feel that there is a social hierarchy of race that cannot be dissolved through legislative action or judicial decision.

Why did the Louisiana courts rule that the Separate Car Act was constitutional in Plessy V. Ferguson? The Tenth Amendment to the U.S. Constitution preserves the right of the states to set policies on matters involving race and public transportation. B. The different train cars provided for white and black passengers were found to be equal in their quality and accommodations, and thus the law did not violate the 14th Amendment's guarantee of equal protection. C. The train was only traveling within Louisiana, and the state was free to set its own policies on the matter. D. Homer Plessy had not actually intended to ride the train all the way to his ticketed destination, and thus lacked standing in the case. E. The train stopped in New Orleans as part of its regular route between Houston and Mobile, and thus fell within the state of Louisiana's jurisdiction.

The Louisiana courts upheld the act as constitutional because the train was only traveling within Louisiana, and the state was free to set its own policies on the matter.

Which of the following represents an accurate description of what transpired in 1808? Every state outlawed the slave trade on its own. OR Harriet Beecher Stowe published Uncle Tom's Cabin. OR The slave population numbered over one million. OR Congress passed a law extending the right to import slaves for an additional 20 years.

The slave population numbered over one million.

The U.S. Supreme Court decided which of the following with regard to the Separate Car Act? A. The statute was constitutional because it was consistent with the requirements of the 14th Amendment. B. The statute was constitutional because it did not infringe upon the voting rights of African Americans. C. The statute was technically constitutional but could not be enforced through criminal penalties. D. The statute was unconstitutional because it imposed an unreasonable burden on the actions of private corporations. E. The statute was unconstitutional because it violated the requirements of the 13th Amendment. What was the Court's rationale in reaching this decision? A. Forcing the railroads to integrate would violate the civil rights of white passengers and the political will of Louisiana's citizens. B. Mandating separate facilities for whites and blacks is fine as long as those facilities are equal. C. Establishing separate railroad cars for whites and blacks is no different from establishing different railroad cars for first-class passengers, second-class passengers, and so on. D. The 14th Amendment only protects individuals from government infringement of their rights, not from the practices of private individuals or corporations. E. States could segregate individuals along racial lines just as groups of people might self-segregate by age, sex, race, religion, or other characteristics.

The U.S. Supreme Court upheld the Separate Car Act as constitutional, finding it consistent with the requirements of the 14th Amendment. The Court reasoned that mandating separate facilities for whites and blacks was fine as long as those facilities were equal;this established the "separate but equal" doctrine that would sanction policies of racial segregation in the South for decades to come.

What factor made Homer Plessy a particularly interesting candidate for the test case? A. his experience in civil rights B. his famous first name C. his occupation as a shoemaker D. his political affiliation E. his racial makeup

The fact that Homer Plessy was only one-eighth black made him an interesting candidate for the test case.

Seneca Falls Convention

The first major meeting of the women's movement held in 1848. Organized by Elizabeth Cady Stanton and Lucretia Mott, the meeting brought together a group of 300 male and female activists for two days to discuss the appropriate remedies for discrimination against women. Elizabeth Cady Stanton drafted a "Declaration of Sentiments," modeled after the Declaration of Independence, to present the inequities in politics and society and to call for reform. One hundred men and women signed the document; from it, they developed 12 specific action items to steer the agenda of the women's movement for the next several years. After this first meeting in Seneca Falls, Women's Rights Conventions took place on an annual basis from 1850 to 1860, and thousands attended in support of the cause.

What was the legal issue before the Louisiana Supreme Court and the U.S. Supreme Court in Plessy v Ferguson?

The legal issue before both high courts was whether state laws that treated blacks and whites differently were constitutional.

The Supreme Court has developed three separate standards of review for evaluating the constitutionality of government action in light of the Equal Protection Clause.

The lowest standard of review is the RATIONAL basis test. Under this standard, the Court presumes that the government's action is valid.The government need only prove that its action is reasonably related to a legitimate government interest, and the individual bringing suit against the government must demonstrate that the government action is irrational or arbitrarily applied. In other words, the scales are tipped in favor of the government. The middle standard of review is heightened or INTERMEDIATE scrutiny. This standard requires that the action advances important governmental interests, and that the means used are substantially related to these governmental interests. Using the scale analogy, the Court sees both government interests and individual interests as somewhat equally weighted when applying intermediate scrutiny. The final and highest standard of review is STRICT scrutiny. When the government discriminates against individuals based on their race, religion, or national origin or infringes on any individual's fundamental freedom, the Court uses the strictest of scrutiny to determine if the action was warranted. In such cases, three questions are asked. First, does the case involve a fundamental freedom or suspect classification? Second, does the action serve a compelling government interest? And third, is the action taken by the government narrowly tailored to achieve the compelling interest? The Court poses these questions to test whether the government has used the least restrictive means for achieving its interest; that is, the Court wants to make sure that the government does not infringe on civil liberties or civil rights any more than absolutely necessary. Under this standard, the scales are tipped in favor of the individual.

civil rights

The protection of citizens from discrimination by the government or private entities, derived from the equal protection clause of the 14th amendment

How might a group of citizens test the constitutionality of a state law prohibiting people from reciting Bible verses in public spaces? Choose the BEST answer. A. Kidnap the governor and use Bible verses to provide clues as to his whereabouts. B. Select a person to recite Bible verses in public with the intention of being arrested by a conspiring police officer. C. Write letters to their state representatives questioning the constitutionality of the law on First Amendment grounds. D. Protest the law in public by marching and waving signs. E. Stage public Bible readings in neighboring states in order to highlight the differences in religious freedom.

To test the constitutionality of such a law, the group might select a person to recite Bible verses in public with the intention of being arrested by a conspiring police officer.

After public education, the desegregation movement went focused on...

Transportation

American Woman Suffrage Association

Women's rights group that pursued a strategy of advocating amendments to individual state constitutions.

National Woman Suffrage Association

Women's rights group that pushed for a constitutional amendment to grant women the right to vote.

Affirmative action policies were first instituted by the federal government during...

World War II

Montgomery Bus Boycott

Year long boycott of Montgomery buses (because of the segregation) that pressured the city of Montgomery to change its policy concerning segregation. Victory for NAACP and the black community in the movement to end discrimination.

Southern Christian Leadership Conference (SCLC)

a group of ministers committed to equal treatment of the races as well as nonviolence and civil disobedience. They led groups in marches and peaceful protests throughout the South.

13th Amendment

banned all forms of "slavery" and "involuntary servitude.

This historical expansion of civil rights involves two forms of equality:

equality of opportunity and equality of outcome.

Equality of opportunity

every individual must have the same chance to succeed in life

The 15th Amendment

extended the right to vote to African Americans. It expressly guarantees that citizens cannot be denied the right to vote based on "race, color, or previous condition of servitude." It is important to note that this amendment protects against discrimination based on race, but it does not protect against discrimination based on gender. This omission was deliberate, as it was believed that the exclusion of women's suffrage from the Reconstruction amendments would make ratification easier to obtain from the states.

The Student Nonviolent Coordinating Committee (SNCC)

founded by a racially diverse group of college students dedicated to racial justice. They were not afraid of using radical tactics to draw attention to inequality, staging a number of dramatic sit-ins at lunch counters, parks, pools, libraries, and other public facilities. In 1961, over a thousand volunteers operating under the umbrella of SNCC and the Congress of Racial Equality (CORE) organized road trips called Freedom Rides to venture into the Deep South and directly challenge segregated facilities along the way. The freedom riders were met with great resistance, often assaulted by the public and arrested by the police.

Equality of outcome

government policies must be designed to ensure not only that all members of society have the same chance of succeeding, but that all members of society actually succeed. (involves redistributing wealth and status so that economic and social equality is achieved)

Equal Protection Clause of the 14th Amendment (1868)

no state shall... deny to any person within its jurisdiction the equal protection of the laws.

Some of the most controversial debates of the Constitutional Convention concerned the issue of...

slavery

The Court consistently applies _____ scrutiny to cases involving civil rights

strict

Civil Rights Cases of 1883

while the 14th Amendment guaranteed "equal protection" to all citizens regardless of race, Congress could only regulate state acts of discrimination. The Civil Rights Act of 1875 was therefore rendered unconstitutional, and the national government lacked the authority to regulate private acts of discrimination. This narrow interpretation of the meaning of the 14th Amendment and the protections it afforded to African Americans would lead to 80 years of discrimination, segregation, and second-class citizenship for blacks in the South.

At the time of the nation's Founding, many forms of political and economic power were reserved exclusively for...

white men