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Civil rights
laws protecting citizens from unequal or discriminatory treatement based on certain charactersistics
Civil liberties
constitutional guarentees of freedom from governmental oppression and tyranny
Engle v. Vitale
Engle v. Vitale was a landmark U.S. Supreme Court case in 1962 that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
Wisconsin v. Yoder
is a landmark Supreme Court case that ruled in favor of Amish parents' right to withdraw their children from public school for religious reasons.
Jim Crow Era —> rationalle for civil rights movement
The Black Americans during the Jim Crow era had to deal with discrimination in all places of life. The Jim Crow system was made by local government officials in 1896 the supreme court made separate but equal treatment that was to ensure Black Americans had equal rights. This was made after a Black American attempted to sit in a white-only railway car. “Travel in the segregated south for black people was humiliating,” said Diane Nash who was the author of Freedom Writers. During the Jim Crow era, white supremacy was the main way of thinking when separate but equal treatment was enforced. Terrorism against Black Americans included lynching, nasty stereotypes and the segregation lie. All of these things made living in America difficult for black Americans as they dealt with separate but definitely not equal.
Examples of historical discrimination that Black Americans experienced
interracial marriage was not allowed
establish segregation in businesses and public buildings (libraries and schools)
White supremacist ideology
Terrorism against blacks, lynching, steroetypes, segregation lie
Historical injustices/inequities for native americans
They had cultural slavery
The government violated treaties by opening up land to settlers and developers
Forced assimilation & Marginalization
Less visible
Complex civil rights and citizenships
Drastic depopulation, war, forced assimilation
Historical injustices/inequities for Mexican Americans
Forced Deportation
Segregated schools in southwestern US
Lack of labor protection
Discrimination and stereotypes
Less visible
Prejudice because of border tensions
Booker T. Washington
accommodationist, thought empowerment meant submitting to culture
Washington also delivered a speech emphasizing why African Americans should focus on more vocational training and physical labor instead of complete social equality
Social peace by conforming
W.E.B Dubois
deconstructionist, believed in fighting for equal rights
Being liberally educated would be the solution
Immediate civil rights and political action
Contributed to the formation of the NAACP
Martin Luther King Jr.
Martin Luther King Jr. believed in nonviolent resistance and civil disobedience as the most effective means for achieving civil rights.
the Black Power movement
The Black Power movement was passionate for self-defense, self-determination, and even racial pride. They totally rejected the idea of integration into society.
Compare and contrast various “direct action” examples among the various civil rights
Demonstrations: Marches, etc.
Calculated civil disobedience: breaking laws that perpetuate civil rights violations, submitting to punishment
Examples
Greensboro lunch counter sit-ins (Black Americans)
1963 March on Washington
AIM Occupation of Mount Rushmore (Native Americans)
1968 East Los Angeles Mexican-American Walkouts (Mexican-Americans)
What is the separation of church and state and what was the historical context that produced this idea as the American nation was founded?
Separation of church and state is making sure that Congress makes no laws regarding the establishment of religion
Not specifically established in the First Amendment
Example of a Court Case:
Wisconsin v. Yoder: Amish believed education past the 8th grace is excessive and threatening
In the 1960s, several states attempted to force Amish to send their children to public schools
Sets up Yoder v. Wisconsin 1972
Ruled that Amish do not have to attend past 8th grace
Example of a Court Case:
LDS and Plural Marriage: Reynolds v. United States
Joseph Smith said that according to a revelation, Mormons should practice plural marriage
At the time, there were no laws against plural marriage or polygamy within the United States, only the First Amendment
As it became known, the backlash led to a series of anti-polygamy laws that forced the practice to cease officially
What are the two clauses in the First Amendment that deal with freedom of religion? How would you explain in your own words? Include locations in the readings and/or plenary notes where this information can be found.
The Free Exercise Clause
The Establishment Clause:
Free exercise clause
Means religious practice is protected under the limits of law (The Origin of Religious Freedom Debate plenary notes)
In our own words, this means that citizens have the right to practice their religion as they want as long as it does not go outside of the limits of law. This guarantees freedom of expression by prohibiting Congress from restricting the right to talk freely
Example: Sherbert v. Verner
Establishment clause
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”
In simpler terms, it prohibits the government from favoring and establishing a religion aka the government cannot create a state church (The Origin of Religious Freedom Debate plenary notes)
Example: Engel v. Vitale
Summarize why the exchange between the Danbury Baptists and Thomas Jefferson is illustrative for the topic of religious freedom.
The Danbury Baptists wrote to Jefferson because they wanted to ensure they had religious freedom without state intervention.
Demonstrates the separation of church and state
Jefferson’s famous “Wall of Separation”
People need to be free to practice their religious beliefs without state intervention
Compare and contrast the court cases we examined in class that involved LDS (Mormon) polygamy, prayer in schools, and Amish children. How do they all illustrate the various tensions inherent in the issue of religious freedom?
Mormon polygamy was something that was a revelation from God to Joseph Smith
- Became public in the 1840s but was prevalent before then.
- Polygamy was not illegal in the United States.
- This situation promoted the judicial separation of belief and practice.
- Mormons no longer practice this but when it was originally retracted many Mormons still practiced this.
Prayer in schools:
it was common for the school day to begin with a prayer, students who did not want to participate could leave the classroom
Many claimed this violated the First Amendment - the Establishment clause
In Engel v. Vitale (1962) the Supreme Court ruled that this did violate the First Amendment
Amish and compulsory education
Compulsory education began in the 1920s.
Amish believe education past 8th grade is excessive
In the 1960s, several states attempted to force Amish children to attend public schools
This led to Yoder v. Wisconsin originally ruled that Amish children had to attend schools, the case then went to the Supreme Court, where it was ruled that forcing them to attend public schools violated their religious freedom.
The common tension these all share is over where the line is. Where is the line when it comes to religious practice and what is too far where the government will step in?
This makes religious groups very frustrated because they do not know when some of their beliefs may get taken out of society.
Reconstruction Amendments
13th amendment
14th amendment
15th amendment
13th amendment
Passed in 1865, abolished slavery in the United States, marking a significant milestone in the fight against institutionalized slavery.
14th amendment
Ratified in 1868, granted citizenship to all persons born or naturalized in the United States, including former slaves, and guaranteed equal protection under the law.
15th amendment
Adopted in 1870, granted African American men the right to vote, prohibiting states from denying voting rights based on race, color, or previous condition of servitude.
Jim Crow Era
Systemic Racism:
- Segregation Laws: Enforced racial segregation in public facilities, transportation, schools, and housing, perpetuating racial discrimination and inequality.
- Marginalization: African Americans faced social, economic, and political marginalization, with limited access to education, employment, and civic participation.
- White Supremacy: Laws and practices reinforced white supremacy, promoting racial hierarchy and discrimination against minority groups.
Ida B. Wells:
Key Activist in Civil Rights Movement
Co-founder of NAACP
Anti-lynching Crusader
Journalist and Newspaper Owner
Suffragist and Women's Rights Advocate
Mexican American Civil Rights Movement
Significance of Direct Action:
- Demonstrations and Marches: Mexican Americans organized protests and marches to demand civil rights, highlighting the need for equal treatment and opportunities.
- Civil Disobedience: inspired by nonviolent resistance, activists engaged in acts of civil disobedience to challenge discriminatory laws and practices.
- Legal Victories: Direct action efforts led to landmark legal victories, including the desegregation of schools, voting rights protections, and labor rights reforms.
Wall of Separation" Metaphor
- Symbol of Religious Freedom:
- The metaphor of the "wall of separation" between church and state, coined by Thomas Jefferson, symbolizes the constitutional principle of religious freedom and autonomy from government.
- It underscores the importance of preventing religious coercion or domination by ensuring the secular nature of government and preserving individual conscience.
