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Chapter 6 Mastery Product

L.O. 6.1

• Trace the efforts from 1800 to 1890 of African Americans and women to win the vote.
• Topic: Suffrage: 1800-1890

6.1 Introduction

• civil rights: the government-protected rights of individual against arbitrary or discriminatory treatment by governments or individuals

Slavery and Congress

• The issue of slavery started when our country first began
• Congress banned the slave trade in 1808
• Cultural and political differences/conflicts occurred because the northern states were becoming more industrialized and the south became more dependent on agriculture and cheap slave labor

• Industry increased because of technological advances and agriculture grew mainly because of introduction of the cotton gin

• The Missouri Compromise prohibited slavery north of 36 degrees latitude. Therefore Missouri was admitted as a slave state.

The First Civil Rights Movement

• American Anti-Slavery Association was formed in 1833 by William Lloyd Garrison.

• women were not allowed to join this which made them look no better than slaves were.

• In 1848, a women’s right convention known as the Seneca Falls Convention was held in Seneca Falls, NY and 300 men and women attended.

• Frederick Douglass and Garrison, who opposed the American Anti-Slavery Association’s choice to refuse to accept women, also went to this meeting.
• Attendees passed resolutions calling for the abolition of legal, economic, and social discrimination against women

• These included moral codes, divorce and criminal laws, and limited opportunities for women in education, the church, medicine, law and politics.

• Women suffrage was the only call unapproved (allowing women to vote).

The 1850s: The Calm Before the Storm

• Much was changing in America.
• Gold rush was occurring in the west, cities were growing, railroads and telegraphs increased communication, immigrants were coming in to the U.S., women’s movement was gaining momentum, and slavery was tearing the country apart.
• In 1857, after Dred Scott v. Sandford, the Supreme Court ruled that the Missouri Compromise was unconstitutional and that slaves were not U.S. citizens and could not bring suits into court.

The Civil War and Its Aftermath: Civil Rights Laws and Constitutional Amendments

• Slavery was the key issue for causing the Civil War (1861-1865).
• The thirteenth amendment completely abolished slavery in 1865; it was not the Emancipation Proclamation (that only abolished slavery for states still in active rebellion against the U.S.).

• Thirteenth Amendment: one of the three civil war amendments; specifically bans slavery in the United States and any other sort of involuntary servitude.

• Although the south was forced to ratify this amendment, they would still pass laws that restricted opportunities for newly freed slaves known as black codes.

• Black codes: laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War.
• These laws prohibited African Americans from voting, sitting on juries, or even appearing in public places.

• The Civil Rights Act was created for stopping black codes.

• This act formally made African Americans citizens of the U.S. and gave Congress the power to intervene when states attempted to restrict the citizenship rights of male African Americans.

• Fourteenth Amendment: One of the three Civil War Amendments; guarantees equal protection and due process of the law to all U.S. citizens

• Includes the equal protection clause which guarantees that all citizens receive “equal protection of the laws”
• women opposed the 14th amendment because it did not give rights to women as well

• Later, the Fifteenth Amendment was passed which specifically enfranchised newly freed male slaves

• Women were furious that none of these amendments supported women so the National Woman Suffrage Association (NWSA) was created to gain women’s rights

Civil Rights, Congress, and the Supreme Court

• Congress passed the Civil Rights Act of 1875 to grant equal access to public accommodations to African Americans, and prohibits the exclusion of African Americans from jury service
• Jim Crow Laws: laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations
• Civil Rights Cases (1883): Name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination
• The south used three devices to exclude African Americans from voting without intruding upon the fifteenth amendment:

1. 1. poll taxes (a tax that had to be paid before an eligible voter could cast a ballot)
2. 2. some form of property-owning qualifications
3. 3. “literacy” tests

• These restrictions caused black voting to fall 62%
• To make sure poor, uneducated white people could vote, the south added a grandfather clause

• "Grandfather clause:" voter qualification provision in many southern states that allowed only those citizens whose grandfathers had voted before Reconstruction to vote unless they passed a law of wealth or literacy

L.O. 6.2

• Outline developments in African American's and women's push for equality from 1890-1954.
• Topic: The Push for Equality, 1890-1954

6.2 Introduction

• The Progressive Era (1890-1920)

• a time of concerted effort to reform political, economic, and social affairs.
• child labor, limited suffrage, political corruption, business monopolies, and prejudice against African Americans were all targets of progressive reform efforts.

• Plessy v. Ferguson: supreme court case that challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations did not violate the equal protection clause of the 14th amendment.

• The reason the court saw the statute as constitutional was because Plessy was still allowed to ride the train, but he was just traveling separately.

The Founding of the NAACP

• The NAACP was founded by William Lloyd Garrison and Oswald Garrison Villard when a conference was called to discuss the problems of major race riots and these outbreaks of violence.

Key Woman's Groups

• The National and American Woman Suffrage Associations merged to form the National American Woman Suffrage Association (NAWSA), which was headed by Susan B. Anthony.
• During the progressive era, one of the most active groups lobbying on behalf of women was the National Consumers League (NCL).

• They lobbied Oregon for legislation limiting women to 10 hours of work a day
• Muller v. Oregon was a court case in which ruled Oregon’s law to work less than 10 hours a day is constitutional. They also attempted to define women’s unique status as mothers to justify their differential treatment.

• This case occurred after Curt Muller was employing women for more than 10 hours a day in his small laundry.

• suffrage movement: the drive for voting rights for women that took place in the US from 1890-1920.

• Was finally successful in 1920 after the nineteenth amendment was ratified, which guaranteed women the right to vote.

Litigating for Equality

• Lloyd Gaines admitted to the all-white University of Missouri Law School in 1936 and was rejected and told to either wait for a new school to be built at Lincoln University or pay out-of-state tuition. Gaines rejected the offer and sued, which eventually led to the U.S. Supreme Court.

• The court ruled that Missouri needed to admit Gaines or set up a law school for him in order to meet the requirements of Plessy.
• This case led the NAACP to create a separate, tax-exempt legal defense fund to devise a strategy that would bring about equal education opportunities for all African American children.
• The LDF is the Legal Defense and Educational Fund

• Brown v. Board of Education (1954): U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the 14th amendment’s guarantee of equal protection.

L.O. 6.3

• Analyze the civil rights movement and the effect of the Civil Rights Act of 1964
• Topic: The Civil Rights Movement

6.3 Introduction

• Brown v. Board of Education was the beginning of many civil rights changes.

School Desegregation After Brown

• Many states were slow to desegregate
• Brown v. Board of Education II- Ruled that desegregation must be done quickly
• Arkansas- refused to desegregate and filed their own lawsuit (Cooper v. Aaron) requesting additional time to desegregate. It was unanimously struck down by the Supreme Court.

A New Move for African American Rights

• Segregated buses in Alabama were challenged by Rosa Parks an African American who was arrested for failing to give up her bus seat to a white man
• On the day of her trial African Americans began boycott of the Montgomery bus system which lasted for a year
• In 1956 it was ruled that segregated buses violated the Fourteenth Amendment
• The boycott was the beginning of many successful non violent protests.

Formation of New Groups

• The Reverend Martin Luther King Jr. believed that non violence and civil disobedience were the best way to promote equality. Several different organizations were created to support that cause.

• NAACP- Northern states, used litigation.
• SCLC- Southern, Church based
• SNCC - Southern, young black & white people.

• Sit ins
• Freedom rides
• Marches

• Media coverage prompted JFK to propose civil rights legislation.

Civil Rights Act of 1964

• Congress passed the Civil Rights act of 1964 in response to the successful efforts of the SCLC and the SNCC. It was followed by the voting rights act of 1965. Following JFK’s assassination President Johnson advocated strongly for civil rights.

• Housing and job discrimination
• Alleviating poverty
• Integration
• Voting rights

• In Northern states blacks let by Malcolm X were frustrated with the lack of progress and took to rioting to vent their rage.

Statutory Remedies for Race Discrimination

• In the south many lawsuits challenged the Civil Rights Act of 1964, however the Supreme Court upheld its constitutionality.

• Education- Ten years after Brown few African American attended integrated schools. Methods used to force compliance included:

• busing
• racial quotas
• pairing of schools

• Employment- Despite the fact that the Civil Rights Act of 1964 barred discrimination based on sex, age, race or national origin, discrimination continued. Additional Supreme Court rulings attempted to resolve those issues.

L.O. 6.4

• Assess statutory and constitutional remedies for discrimination pursued and achieved by the women’s rights movement
• Topic: The Women's Rights Movement

6.4 Introduction

• There were three key events that helped create a new movement for women’s rights:

• JFK created the President’s Commission on the Status of Women
• Civil Rights Act of 1964 was ratified and it prohibited discrimination based on race and sex
• Female activists formed the National Organization for Women (NOW)

• two goals were to achieve equality by passage of an equal rights amendment to the Constitution, or by judicial decisions.

The Equal Rights Amendment

• Not all women wanted full equality for women. However by 1972 public opinion favored the ratification of an equal rights amendment.
• In 1972 Congress voted in favor of the Equal Rights Amendment which states that “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”

The Equal Protection Clause and Constitutional Standards of Review

• suspect classification: category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court
• strict scrutiny: a heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice

Statutory Remedies for Sex Discrimination

• Equal Pay Act of 1963 - Legislation that requires employers to pay men and women equal pay for equal work.
• Under the Title VII of the Civil Rights Act of 1964,gender discrimination is prohibited by private and public employer.
• Title IX - Provision of the Education Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students.

L.O. 6.5

• Describe how other groups have mobilized in pursuit of their own civil rights.
• Topic: Other Groups Mobilize for Rights

Hispanic Americans

• Hispanics are the largest and fastest growing minority group in the United States
• In Hernandez v. Texas the Court ruled unanimously that Mexican Americans were entitled to a jury that included other Mexican Americans.
• Hispanics have relied heavily on litigation to secure legal change through the use of many different groups.
• In San Antonio School District v. Rodriguez, the Supreme Court upheld the constitutionality of a Texas school financing law based on property taxes.

American Indians

• Indian tribes are considered distinct governments under the US Constitution.
• American Indians did not become U.S. citizens nor were they given the right to vote until 1924.
• The Native American Rights Fund was founded in 1970 to try to lead the movement for increased protection of Native Americans.
• Increased land and casinos have given Native Americans more political power and increased economic standing.

Asian and Pacific Island Americans

• Discrimination faced by Asian Americans was similar to that of the African Americans in the south. They even faced discriminatory laws similar to JIm Crow laws.
• In Yick Wo v. Hopkins the Supreme Court ruled that a San Francisco ban on cleaners operating wooden buildings (which were mostly owned by Chinese Americans), violated the Fourteenth Amendment in its application.
• In 1922 when the Court ruled that Asian and Pacific Islander Americans were not white and therefore not entitled to full citizenship rights.
• Further injustice was done in 1941 as the internment camps held Japanese Americans, German Americans and Italian Americans.
• In the 60s and 70s, Asian and Pacific Island Americans began to organize for equal rights.

Gays and Lesbians

• They have seen slower progress, but are trying to get their rights in similar ways as other minority groups in America.
• Romer v. Evans was the first time the Supreme Court ruled any legislative, executive, or judicial action at any state or local level designed to bar discrimination based on sexual preference was unconstitutional.
• In Lawrence v. Texas the Court reversed its 1986 ruling in Bowers v. Hardwick by finding a Texas statute that banned sodomy to be unconstitutional.

Americans With Disabilities

• In 1990, Congress passed the Americans with Disabilities Act. This statute defines a disabled person as someone with a physical or mental impairment that limits one or more “life activities,” or who has a record of such impairment. Under this definition it extends the Civil Rights Act of 1964 to all such citizens.
• In 1999 the Supreme Court limited who could claim coverage under the ADA.

L.O. 6.6

• Evaluate the ongoing debate concerning civil rights and affirmative action.
• Topic: Affirmative Action and Civil Rights

6.6 Introduction

• Affirmative Action - Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group.
• In Regents of the University of California v. Bakke the Court concluded that the university’s rejection of Bakke as a student was illegal because the use of strict affirmative action quotas was inappropriate.
• In a three-month period in 1989, the Supreme Court ruled on five civil rights cases that limited affirmative action programs.
• In Grutter v. Bollinger the Court voted to uphold the constitutionality of the University of Michigan Law School's affirmative action policy, which gave preference to minority students.
• Affirmative Action is still a pressing issue today.

Works Cited

O'Connor, Karen, Sabato, Larry J., and Yanus, Alixandra B. Essentials of American Government: Roots and Reform Upper Saddle River: Pearson, 2011. Print.