Civil Rights Study Guide
Civil Rights Overview
Turmoil in the Civil Rights Division (2006)
Context: Under George W. Bush's presidency, the Civil Rights Division faced significant turmoil.
Departure of Lawyers: Nearly 20% of its lawyers left in 2005, as many took early retirement buyouts.
Reason for Departure: Many career lawyers felt pressured to leave due to perceived politicization, claiming they were not in line with the conservative views of the administration.
Veteran Lawyers' Allegations: Experienced lawyers accused political appointees of making hiring and policy decisions without consulting staff experts.
Supportive Evidence: In 2007, it was revealed that Attorney General Alberto Gonzales and the White House interfered with regional U.S. attorneys, leading to unjust firings and congressional hearings.
Impact on Prosecutions: After Bush's administration appointed allies to key positions, prosecutions of race and sex discrimination decreased by 40%.
Shift in Focus: Workloads redirected towards immigration and deportation cases.
Historical Role of U.S. Government in Civil Rights
Thirteenth, Fourteenth, and Fifteenth Amendments: Key legislative milestones that abolished slavery and guaranteed rights.
Thirteenth Amendment: Abolished slavery.
Fourteenth Amendment: Guaranteed equal protection under the law.
Fifteenth Amendment: Granted voting rights to freed male slaves, later extended to women by the Nineteenth Amendment.
Key Literary References
Books on Civil Liberties:
No Neutral Ground: Abortion Politics in an Age of Absolutes by Karen O'Connor
In Defense of Our America: The Fight for Civil Liberties in the Age of Terror by Anthony D. Romero and Dina Temple-Raston
Torture Teams: Rumsfeld's Memo and the Betrayal of American Values by Philippe Sando
Important Websites for Further Learning
ACLU: www.aclu.org
People for the American Way: www.pfaw.org
American Center for Law and Justice: www.aclj.org
Federalist Society: www.fed-soc.org
Oyez: U.S. Supreme Court Media: www.oyez.org
Legal Information Institute: www.law.cornell.edu
Federal Legal Information Through Electronics: www.fedworld.gov
Human Rights Campaign: www.hrc.org
Lambda Legal: www.lambdalegal.org
Icons of the Civil Rights Movement
Historic Events: Nonviolent protestors demanding voting rights marched across the Edmund Pettus Bridge in Selma, Alabama in March 1965.
Firing Controversy: U.S. attorneys fired in 2006 posed questions regarding the adherence to the rule of law during Gonzales's tenure as Attorney General.
Civil Rights Legislative Milestones
Civil Rights Act of 1964: Banned discrimination in employment, education, and public accommodations.
Voting Rights Act of 1965: Targeted voting discrimination, enabling federal oversight for voting in areas with a history of discriminatory practices.
The Fourteenth Amendment and Its Impact
Definition: Government-protected rights against arbitrary or discriminatory treatment based on race, sex, national origin, age, religion, or sexual orientation.
Significance: Introduced the concept of equality, mandating no denial of equal protection of laws.
Legal Precedents: Generated extensive litigation to clarify and enforce its meanings, particularly related to women and minorities seeking civil rights.
Significant Civil Rights Cases
Plessy v. Ferguson (1896)
Upheld segregation under the "separate but equal" doctrine.
Brown v. Board of Education (1954)
Declared segregation in public schools unconstitutional, setting a legal precedent for further civil rights legislation.
Reed v. Reed (1971)
First case in which the Supreme Court ruled against gender discrimination under the Fourteenth Amendment.
The Women's Rights Movement
Timeline of Achievements:
Nineteenth Amendment: Granted women the right to vote.
Formation of groups (e.g., NOW) advocating for broader women's rights.
Legislative Changes: Introduction of anti-discrimination laws,
including the Equal Pay Act of 1963 and Title IX (Education Amendments of 1972) improving access and opportunities for women.
Other Groups Mobilizing for Rights
Hispanic Americans: Mobilized through LULAC and MALDEF, focusing on equal representation and removal of discriminatory laws.
American Indians: Advocated for land rights and cultural preservation through the Native American Rights Fund and activism, especially highlighted in the Dakota Access Pipeline protests.
Asian and Pacific Americans: Experienced discrimination but gained rights through various landmark court cases (Yick Wo v. Hopkins) and activism aimed at civil rights.
Gays and Lesbians: Gained visibility and rights through litigation, with significant rulings supporting marriage equality (Obergefell v. Hodges).
Americans with Disabilities: Advocated for the Americans with Disabilities Act (ADA) in 1990 to secure access and equity in various areas, including employment and public accommodations.
Affirmative Action Debate
Definition: Policies meant to provide compensatory treatment to historically disadvantaged groups.
Supporters' Arguments: Necessary to rectify historical injustices and provide equal opportunities.
Critics' Arguments: Assert that such policies breed reverse discrimination, advocating for a color-blind approach to legislation.
Key Cases: Supreme Court decisions (Regents of the University of California v. Bakke, Grutter v. Bollinger) shaping the standards and application of affirmative action in educational admissions and employment practices.
Conclusion
The chapter concludes with a focus on the ongoing struggle for civil rights across various marginalized groups, emphasizing the legal, social, and political battles that define the essence of rights in the United States. Total progress necessitates acknowledgment of intersectionality, as movements for rights are interconnected, informing and supporting one another historically and contemporaneously.