Civil Rights

Civil Rights and Civil Liberties

Civil Liberties vs. Civil Rights

  • Civil Liberties: Protects against the abuse of power by the government.

  • Civil Rights: Protects against discrimination based on group identity (racial, ethnic, religious, age, gender) and ensures the law is applied equally.

Declaration of Independence

  • Quote:

"We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its power in such form, as to them shall seem most likely to affect their safety and happiness."

Role of the Federal Prosecutor

  • Statement by Attorney General Robert Jackson (1940):

“The prosecutor has more control over life, liberty, and reputation than any other person in America… Law enforcement is not automatic. It isn't blind. One of the greatest difficulties of the position of prosecutor is that he must pick his cases, because no prosecutor can even investigate all of the cases in which he receives complaints. If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants… It is in this realm in which the prosecutor picks some person whom he dislikes… that the greatest danger of abuse of prosecuting power lies."

The Fourteenth Amendment – The Civil Rights Amendment

  • Section 1:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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 persons within its jurisdiction the equal protection of the laws."

The Civil War Amendments

  • Amendment XIII – Section 1:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

  • Amendment XV – Section 1:
    "The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

Jim Crow Laws

  • Post-Reconstruction Era:

    • Civil rights were introduced and blacks were granted political rights and economic freedom.

    • Plantation owners faced competition for workers leading to increased wages.

    • Failures of initial efforts to form labor cartels without government enforcement.

  • Rise of Jim Crow Laws:

    • Passed by racist politicians (Democrats) after Reconstruction ended.

    • Origin of the term "Jim Crow" from minstrel shows where whites used blackface.

    • Laws included vagrancy laws, sharecropping systems living blacks in perpetual bondage.

    • Systematic prevention of black voting through violence and restrictive laws.

    • Grandfather Clause: Found unconstitutional in Guinn v. United States (1915).

Separate but Equal Doctrine

  • Plessy v. Ferguson (1896):

    • Majority Opinion (Justice Brown):
      > “All that we can consider is whether the State has the power to require that railroad trains within her limits shall have separate accommodation for the two races… The Fourteenth Amendment does not invest Congress with power to legislate upon subjects that are within the domain of state legislation.”

    • Dissenting Opinion (Justice Harlan):
      > “The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.”

Booker T. Washington vs. W.E.B. Du Bois

  • Booker T. Washington:

    • Former slave advocating a gradual approach:

    • Believed white racism was rooted in lack of understanding caused by slavery.

    • Encouraged blacks to become educated and demonstrate hard work to gain respect.

  • W.E.B. Du Bois:

    • Free-born advocate for immediate change:

    • Argued racism was the cause of slavery and would persist without political rights.

    • Co-founded the NAACP, emphasizing agitation and litigation for civil rights.

Korematsu v. United States (1944)

  • Majority Opinion (Justice Black):

“Korematsu was not excluded from the Military Area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire…”

  • Dissenting Opinion (Justice Jackson):
    “A military order, however unconstitutional, is not apt to last longer than the military emergency…”

Ending Segregation

  • Brown v. Board of Education (1954):

    • Grounded in social science studies; ruled separate is inherently unequal.

    • Rosa Parks’ arrest in 1955 instigated the Montgomery Bus Boycott.

    • This boycott led to the emergence of Martin Luther King Jr.

Martin Luther King, Jr. vs. Malcolm X

  • Martin Luther King, Jr.:

    • Advocated nonviolent resistance and civil disobedience.

    • Famous for his vision of equality:
      > “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.”

  • Malcolm X:

    • Critiques gradualism:

“If you stick a knife nine inches into my back and pull it out three inches, that is not progress.”

  • Advocated for urgency and take direct action, suggesting it’s either the ballot or the bullet.

Civil Rights Acts Overview

  • 1948: Executive Order 9981 by President Truman: integrated the U.S. Armed Forces.

  • 1957 Civil Rights Act:

    • Established the Civil Rights Commission and made it federal crime to obstruct voting.

  • 1960 Civil Rights Act:

    • Authorized federal referees for elections.

  • 1964 Civil Rights Act:

    • Impacted civil rights significantly across five areas:

    • Voting: Limited literacy tests and complemented by the 24th Amendment outlawing poll taxes.

    • Public Accommodations: Banned discriminatory practices in various public venues.

    • Schools: Enabled the Attorney General to enforce desegregation lawsuits.

    • Employment: Outlawed discrimination in all aspects of employment and established the Equal Employment Opportunity Commission (EEOC).

    • Federal Funding: Prohibited discriminatory practices in federally funded activities.

Voting Rights and Statistics


  • Table 8.2: Voter Registration in the South** (Percent registered by race across years)

    Year

    White (%)

    Black (%)


    1960

    61%

    13.7%


    1970

    85%

    66%


    1986

    77%

    68.9%


    1996

    75%

    69.2%


    2002

    73.7%

    67.7%

    Voting Rights Act (1965)

    • Major efforts to ensure voting rights, including:

      • Appointed “voting examiners” for states with discriminatory practices.

      • Implemented preclearance for voting law changes, upheld by Carolina v. Katzenbach (1966).

      • Suspended literacy tests.

    Affirmative Action

    • Forms:

      • Compensatory Action: Education and training for underrepresented individuals.

      • Preferential Treatment: Bonuses in hiring/promotions based on identity.

    • 21st-century support primarily focused on diversity and inclusion; opposition highlights potential reverse discrimination.

    Gratz and Grutter Cases

    • Gratz v. Bollinger (2003): Ruled against the University’s use of quotas in admissions.

    • Grutter v. Bollinger (2003): Upheld a holistic admissions process, allowing consideration of race without quotas.

    Supreme Court Decisions on Voting

    • Baker v. Carr (1961): Redistricting is subject to federal review.

    • Reynolds v. Sims (1964): Established the “one person, one vote” principle in legislative districts.

    • Shaw v. Reno (1993): Affirmed that gerrymandering efforts must meet strict scrutiny standards.

    Policing and Civil Rights - Institutional Racism

    • Crime rate in areas predicts likelihood of being shot more than the race of the officer.

    • Statistical evidence of deaths by police versus other causes shows blacks are more often victims of homicide.

    • Majority of fatal police shooting cases involve resistance to arrest.

    Women's Rights Movement

    • Mueller v. Oregon (1908): Established precedent for protective legislation based on gender differences.

    • Amendment XIX: Women’s right to vote not denied on the basis of sex.

    Equal Pay Act of 1963

    • Provision of Title VII, 29 U.S. Code § 206(d): Prohibits sex-based wage discrimination in the workplace.

    Civil Rights Acts for Women

    • Major legislative efforts to ensure equity in various sectors, e.g., employment, education, and discrimination over the years (1963-1991).

    Title IX Education

    • Addresses sex discrimination in federally funded educational programs and mandates equal spending on athletics.

    Equal Pay Day (March 12, 2024)

    • Signifies women’s earnings relative to men: 83.6% of male earnings in 2023.

    • Earnings data shows a disparity across professional fields and highlights ongoing gender pay gap challenges.

    Factors Contributing to the Gender Pay Gap

    • Employment preferences, negotiation practices, and existing systemic biases are contributing to disparities in earnings.

    Illegal Discrimination Decisions

    • Numerous landmark cases addressing different aspects of gender roles, discrimination, and the justification for disparities.

    Sexual Discrimination in the Workplace

    • Enforced prohibitions against disparities in hiring, conditions of employment, and sexual harassment facts through various rulings.

    Sexual Harassment Reporting Procedures

    • Recommendations for approaching workplace harassment complaints, emphasizing the importance of prompt action and employer liability.

    Privacy Rights Under the Constitution

    • Relevant Amendments:

      • Amendment IV: Protects against unreasonable searches and seizures.

      • Amendment IX: Asserts that protected rights extend beyond those explicitly mentioned.

      • Amendment X: Affirms powers not delegated to the federal government are reserved for the states and individuals.

    Privacy Legal Cases

    • Highlights significant Supreme Court decisions that have shaped privacy rights, particularly concerning reproductive rights and the rights of individuals.

    Recent Developments in Abortion Rights

    • Dobb's v. Jackson Women’s Health (2022): Overturned key precedents on abortion rights, enabling states to legislate independently on this issue, reshaping national discourse on reproductive freedoms.

    Gay Rights Landmark Cases

    • Obergefell v. Hodges (2015): Affirmed the right to same-sex marriage under the premise of equal dignity and respect before the law.

    • Commentary on the case underscores differing judicial philosophies regarding marriage and law.

    • Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): Explored the intersection of religious freedom and anti-discrimination laws regarding services offered to same-sex couples.

    Rights of Persons with Disabilities

    • Americans with Disabilities Act (ADA): Laid groundwork for civil rights protections for individuals with disabilities, outlining employment rights, public access, transportation, and telecommunication provisions.

    • Defined disability and the rights of individuals under this act, emphasizing reasonable accommodations in the workplace.