Political Science

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Civil Rights

5

1

Learning Outcomes

Explain the constitutional basis for our civil rights and for laws prohibiting discrimination

Discuss the reasons for the civil rights movement and the changes it caused in American politics and government

Describe the political and economic achievements of women in this country over time, and identify some obstacles to equality that women continue to face

LEARNING OUTCOMES

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Learning Outcomes (continued)

Summarize the struggles for equality that other groups in America have experienced

Explain what affirmative action is and why it has been so controversial

LEARNING OUTCOMES (continued)

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America at Odds: Do the Police Use Excessive Force against African Americans?

Do you think that having officers wear cameras to record interactions with the public would be a good solution? Why or why not?

There is a disparity in drug arrests among racial groups. Will that gap be reduced in states that have legalized recreational marijuana? Why or why not?

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GOVT10 | CH4

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Civil Rights

Rights of all Americans to equal treatment under the law

Provided by the Fourteenth Amendment to the Constitution

Equal protection clause

Section 1 of the Fourteenth Amendment

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

LO 1

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5

Equal Protection Clause Tests

Equal Protection Clause

Over time the Court has developed various tests, or standards, for determining whether the clause has been violated;

If a law or action is preventing a group of persons from exercising a fundamental right

Strict scrutiny standard- Law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest

Applied when a group is prevented from exercising a fundamental right

Fundamental right: Basic right of all Americans, such as First Amendment rights

LO 1

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Equal Protection Clause Tests (continued 1)

Intermediate scrutiny (exacting) standard

Laws based on gender classifications are permissible if they are related to the achievement of an important governmental objective

Satutory rape/alimony

LO 1

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7

Equal Protection Clause Tests (continued 2)

Rational basis test

Used by the Supreme Court to decide whether a discriminatory law violates the equal protection clause

Also known as ordinary scrutiny standard

Used when there is no classification that would require a higher level of scrutiny

Few laws tested under the rational basis test are found invalid

LO 1

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8

African Americans

Dred Scott decision 1857

Supreme Court declares that blacks (free or slave) are not citizens

Increases tensions between North and South, prelude to Civil War

LO 2

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9

African Americans

Ending servitude

Emancipation Proclamation (1863) passed 13th, 14th, and 15th amendments ending constitutional inequality

Thirteenth Amendment

Prohibits slavery

Fourteenth Amendment

Grants citizenship to blacks (all persons born) & equal protection

Fifteenth Amendment

Gives black men the right to vote

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African Americans

The Civil Rights Acts of 1865 to 1875

Aimed at Southern states

Tried to prevent states from passing laws to circumvent amendments

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African Americans

The Ineffectiveness of the Early Civil Rights Laws

Separate-but-equal doctrine

Held that equal protection clause did not forbid racial segregation as long as facilities for blacks were equal to those for whites

Established by Plessy v. Ferguson (1896)

In practice, facilities were rarely equal

Court stated that segregation alone did not violate the Constitution

Jim Crow laws (insulting term) 1890-1965

Separate was the rule but equal was never enforced

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African Americans: Violence and Vote Suppression

Voting barriers

White supremacist politicians gained power and held the white primary which restricted voting to whites only (was upheld by Supreme Court until 1944)

Grandfather clause- restricted voting to those who could prove that their grandfathers had voted before 1867

Poll taxes- tax to vote until 1964

Literacy tests were used to prevent African Americans from voting

Voting

coercion was used to impose a code of conduct

LO 2

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13

Brown Decisions and School Integration

The end of the separate-but-equal doctrine

Brown v. Board of Education of Topeka (1954)

Supreme Court unanimously held that segregation by race in public education is unconstitutional and violates equal protection clause of 14th Amendment

Desegregate “with all deliberate speed”

By 1970, de jure segregation had been abolished by school systems

De jure segregation: Segregation established by law

LO 2

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14

Brown Decisions and School Integration (continued)

Did not end- de facto segregation

De facto segregation: Segregation produced by circumstances

Attempts to overcome de facto segregation included:

Redrawing school district lines

Reassigning pupils

Busing – Transporting students by bus to schools physically outside their neighborhoods

LO 2

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15

The Civil Rights Movement (1950s and 1960s)

Movement to end racial discrimination

Used nonviolent civil disobedience tactics, such as sit-ins

Civil disobedience: Deliberate and public refusal to obey unjust laws

Sit-ins: Demonstrators remain seated in a public place until they are forcibly removed or until their demands are met

LO 2

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16

The Civil Rights Movement (1950s and 1960s) (continued)

Public backlash resulting from media coverage led to nationwide demands for reform

Martin Luther King, Jr. led the March on Washington for Jobs and Freedom in 1963

Congress began to pass civil rights laws

Civil Rights Act of 1964

Outlawed discrimination in voter registration

Discrimination in public accommodations

Desegregate public schools

Equal opportunity employment

Voting Rights Act of 1965

Outlawed voter registration tests and need federal approval to change voting procedures and election laws

Civil Rights Act of 1968

Forbade discrimination in housing and mortgage lending

LO 2

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17

The Civil Rights Movement (1950s and 1960s) (continued)

Consequences of Civil Rights Legislation

Political participation increases for African Americans, as well as Hispanic Americans, Asian Americans, Native Americans and Native Alaskans

Education gap

On average, African American students in high school read and do math at the level of whites in junior high school

Lingering social and economic disparities

Black households incomes were only 59% of white

African Americans are disproportionately arrested for crimes

Fourteenth Amendment is basis for civil rights legislation, court decisions

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African Americans in Politics Today

In 2008, Barack Obama became the first African American president of the United States

Other high-profile African Americans include Colin Powell and Condoleezza Rice

Shelby County v. Holder, 2013

Supreme Court ruled that Section 4 of the Voting Rights Act was unconstitutional

LO 2

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19

Women: The Struggle for Voting Rights

National Woman Suffrage Association and the American Woman Suffrage Association

Devoted to gaining suffrage, which involves the right to vote

Nineteenth Amendment was ratified in 1920

Right to vote would not be denied on account of sex

Suffragette

LO 3

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20

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The Feminist Movement

Goal of the movement was feminism

Feminism: Doctrine advocating full political, economic, and social equality for women

Promoted by the National Organization for Women (NOW)

Collaborated with other organizations to win the passage of the Equal Rights Amendment (ERA) to the Constitution

Campaign eventually failed

Stop ERA

Headed by Republican Phyllis Schlafly perceived ERA as a threat to their way of life

Found significant support among fundamentalist religious groups and conservative organizations

LO 3

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22

Women in American Politics

Only one percent of the U.S. House of Representatives have been women

Nancy Pelosi

First female minority leader of the House of Representatives in 2002 and Speaker of the House of Representatives in 2006

All of the last three presidents have appointed female secretaries of state

Only four women have served on the Supreme Court

LO 3

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23

Challenges Women Face in the Workplace

Wage discrimination is controlled by:

Equal Pay Act, 1963

Title VII of the Civil Rights Act, 1964

Lilly Ledbetter Fair Pay Act, 2009

Wage gap

Women earn 77 cents for every dollar that men earn

Concentrated in fields that require staff members to put in long hours

LO 3

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GOVT10 | CH4

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24

Challenges Women Face in the Workplace (continued 1)

Glass ceiling: Invisible but real discriminatory barrier

Prevents women and minorities from rising to top positions of power or responsibility

Sexual harassment: Unwanted physical contact, verbal conduct, or abuse of a sexual nature

Interferes with job performance

Creates a hostile work environment

LO 3

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GOVT10 | CH4

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25

Effect of Sexual Harassment

Often accompanied by threat of adverse consequences

Employers are held liable by the Court unless they can show that:

Reasonable care was exercised in preventing such problems

Employees failed to take advantage of any corrective opportunities provided

LO 3

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GOVT10 | CH4

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26

Challenges Women Face: Sexual Assault on Campus

Title IX, Education Amendments of 1972

Prohibits gender-based discrimination in schools that receive federal money

Also prohibits sexual assault

By 2016, more than 300 colleges and universities had been investigated for mishandling sexual assault complaints

Schools that failed to improve risked losing federal funds

Long standing problem BYU Brock

1 in 5 college women experience sexual assault

Few report, those who report receive little help

In some cases the victims have actually been penalized

2011 Obama began cracking down- 2014 55 colleges were under investigation for mishandling and 25 for retaliating

LO 3

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27

Securing Rights for Other Groups: Latinos

Largest ethnic minority in the United States

Countries of origin

Mexico, Puerto Rico, El Salvador, Cuba, and Central and South Americas

Have low income levels owing to:

Language problems

Lack of job training

Immigration issues

LO 4

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28

Securing Rights for Other Groups: Latinos (continued 1)

Party identification

Mexican Americans and Puerto Ricans identify with the Democratic Party

Cubans identify with the Republican Party

Immigration issue

Republican Party stands against regularizing unauthorized immigrants

Many members arrived illegally

OITNB

LO 4

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29

Securing Rights for Other Groups: Latinos (continued 2)

Low level of political participation

Voting rate is rising with immigrants becoming citizens and reaching voting age

Members hold political office in states with large Hispanic populations

LO 4

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Securing Rights for Other Groups: Asian Americans

Suffered discrimination in the past

The Chinese Exclusion Act of 1882

Curfews and evacuation to internment camps as a result of the Japanese bombing of Pearl Harbor

Model minority

Lead other minority groups in median income and median education

Face discrimination during admissions to top private colleges and universities

LO 4

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31

Securing Rights for Other Groups: American Indians

Native tribes were designated as foreign nations in 1789 by the Congress

Had no civil rights under U.S. laws

Received citizenship rights under the Fourteenth Amendment in 1924

Early policies

1787 – Northwest Ordinance, under the Articles of Confederation

Often violated by the U.S. government

LO 4

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32

Securing Rights for Other Groups: American Indians (continued 1)

1830 – Resettlement of tribes to the west of the Mississippi river by the Bureau of Indian Affairs (BIA)

Late 1880s – New policy of assimilation of American Indians into American society

Each family was given a parcel of land within the reservation to farm

Acres in reservation status reduced from 140 million to about 47 million

LO 4

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33

Securing Rights for Other Groups: American Indians (continued 2)

American Indian activism

Tribes are small and scattered

People are politically fragmented because large numbers live off the reservations

LO 4

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34

American Indians: Compensation for past Injustices

Native American Languages Act, 1990

American Indian languages were declared unique

Courts now show greater willingness to recognize Native American treaty rights

Indian Gaming Regulatory Act, 1988

Allowed American Indians to have gambling operations on their reservations

LO 4

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Securing Rights for Other Groups: Persons with Disabilities

Rehabilitation Act, 1973

Prohibited discrimination against persons with disabilities in programs that receive federal aid

Individuals with Disabilities Education Act, 1975

Public schools have to provide free, appropriate, and individualized education in the least restrictive environment for disabled children

LO 4

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Americans with Disabilities Act (ADA), 1990

All public buildings and public services have to be accessible to persons with disabilities

Employers are required to reasonably accommodate needs of workers or job applicants with disabilities

Decision should not cause the employer undue hardship

ADA Amendments Act overturned most of the limits laid by the Supreme Court

LO 4

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37

Securing Rights for Other Groups: Gay Men and Lesbians

U. S. Supreme Court issued a ruling that invalidated sodomy laws in 2003

Today, 22 states have laws prohibiting discrimination in employment and housing based on sexual orientation

11 states ban employment discrimination only for state employment

250 cities and counties also have anti-discrimination laws

LO 4

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38

Securing Rights for Other Groups: Gay Men and Lesbians (continued 1)

Conservative politicians relax their stance on gay rights

Increased public support for same-sex marriage

Obergefell v. Hodges, 2015

Supreme Court ruled that the Constitution guarantees the right to same-sex marriage in all states

Ellen

LO 4

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39

Securing Rights for Other Groups: Gay Men and Lesbians (continued 2)

Don’t ask, don’t tell policy

Banned openly gay men and lesbians from the military and was repealed in 2010

LO 4

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40

Securing Rights for Other Groups: Transgender Persons

Someone born with the physical characteristics of one sex

Sense of gender and identity corresponds with that of the other sex

Faced discrimination and outright acts of violence

Example – North Carolina’s bathroom law

LO 4

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41

Affirmative Action

Special consideration, in jobs and admissions, to groups that have been discriminated against in the past

Regents of the University of California v. Bakke, 1978

Case of reverse discrimination arguing the use of a quota system that violated the equal protection clause

Supreme Court decision – Race cannot be the sole factor in making admissions decisions

LO 5

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42

Affirmative Action: Strict Scrutiny

Court decision for Adarand Constructors, Inc. v. Peña, 1995

Any federal, state, or local affirmative action program that uses racial classifications for making decisions is subject to strict scrutiny

Discriminatory law or action must be narrowly tailored to remedy actual discrimination

After an affirmative action program succeeds, it must be changed or dropped

LO 5

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Affirmative Action: State Actions

Some states have employed ballot measures to ban affirmative action

2014 – Supreme Court held that state voters had the right to eliminate affirmative action programs

Public universities look for race-blind ways to attract minority students to their campuses

LO 5

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44

Black Lives Matter Meets with Hillary Clinton Click picture to play video

Hillary Clinton talks with leaders from the Black Lives Matter movement

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INSTRUCTOR: To find the video, search “#BlackLivesMatter; Clinton; CNN; All Lives Matter A Violent Statement” on YouTube. The video will be posted by user Robert Kraychik. You can also visit the page directly at https://www.youtube.com/watch?v=44XgSGjO-4o

45

Questions

Is there an issue of racial discrimination in America today? Why or why not?

“I don’t believe you change hearts. I believe you change laws. You change allocation of resources; you change the way systems operate.”

Discuss the type of changes sought by members of the Black Lives Matter movement and how feasible those changes are

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GOVT10 | CH4

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KEY TERMS

Civil rights

Equal protection clause

Fundamental right

Strict scrutiny standard

Suspect classification

Rational basis test

Separate-but-equal doctrine

De jure segregation

De facto segregation

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GOVT10 | CH4

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KEY TERMS

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KEY TERMS (continued)

Civil rights movement

Civil disobedience

Sit-in

Suffrage

Feminism

Glass ceiling

Sexual harassment

LGBT person

Transgender person

Affirmative action

Reverse discrimination

Quota system

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HIST4 | CH6

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HIST4 | CH6

KEY TERMS

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GOVT10 | CH9

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48

SUMMARY

Civil rights are the rights of all Americans to equal treatment under the law

Obtaining equal treatment, equal opportunity, and equal protection under the law is still an ongoing challenge for many minority groups

Affirmative action programs

Give special consideration, in jobs and college admissions, to members of groups that were discriminated against in the past

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SUMMARY

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GOVT10 | CH4

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GOVT10 | CH4

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