Civil Rights- Introduction

Civil rights refer to protection from government discrimination against individual characteristics like race, gender, sexuality, etc, and usually draws on the basis of the equal protection clause of the 14th amendment. This is different from civil liberties, which protect the inalienable rights given by the Constitution and Bill of Rights (right of speech, press, religion, speedy trial, due process, fair punishment, etc.)

Civil rights has usually been fought for with social movements. There have been many social movements in American history, but this chapter focuses on four particular movements.

Civil Rights- The Fight for Women’s Rights

The fight for women’s rights can be split into two waves.

The first wave occurred in the 19th century, and was for suffrage

The second wave occurred in the 20thcentury, and was for social equality

The second wave began in 1960. Landmark figures include Betty Friedan & her Feminine Mystique, and the National Organization for Women which pushed for laws pushed for laws to protect gender, pregnancy & childbirth, and laws that made retaliation against discrimination claims illegal.

Much of the second wave was fought on the basis of Title VII of the Civil Rights Act which prevented discrimination in employment on the basis of any individual characteristics.

The Civil Rights Act also helps protect against sexual harassment. There are two types

1. Quid pro quo: Employers demand sexual favors in return for advancement and employment

2. Hostile Working Environment: Actions interfere on someone’s ability to do their job.

Employers can be prosecuted for hostile working environment if they knew and did nothing, and for quid pro quo even if they had no knowledge of the harassment.

Another victory with the second wave was Title IX of the 1972 Education Act which prevented gender discrimination from educational programs using federal aid. This was major in allowing more women to participate in sports.

Unfortunately, the movement failed at passing the Equal Rights Act. Thirty-five states ratified, but no more would, so the movement still relies on the collection of Title VII, Title IX, and the 14th amendment.

Civil Rights- The Fight for Disabled Rights

Disabled people had previously not had access to many places and been considered fire hazards.

Judith Heumann led protests and did sit-ins to get Section 504 of the Rehabilitation Act of 1973 implemented to prohibit discrimination against Americans with disabilities. But more could still be done.

The movement was successful in getting the Americans with Disabilities Act of 1990 passed. It said that people with physical or mental impairments or records of impairments that affect their ability to do major life activities could not be discriminated against and had a right to access public facilities and transportation.

The requirement for public accomodations was an unfunded mandate, meaning the federal government did not provide money to the states to do so.

Civil Rights- The Fight for African American’s Rights

The Civil Rights Movement culminated in the 1960s, but has a very long history before that. However, the most important part of the Civil Rights Movement in context to AP Government was the Letter From Birmingham Jail, which is a foundational document that demonstrated a call to political action.

A Brief History of Civil Rights

1. Dred Scott v Sandford (1857): Declare former slaves and descendants of them were not citizens

2. Emancipation Proclamation (1863): Freed all enslaved people

3. Black Codes: Passed in reaction to the proclamation to restrict African American’s economic and political freedom

4. 13th & 15th Amendments (1870): Officially abolished slavery, and gave African American men the right to vote.

5. Jim Crow Laws: These laws enforced segregation to devalue African Americans. African Americans terrorized by the KKK

6. Plessy v Ferguson (1896): Landmark case that ruled separate but equal

7. NAACP: This interest group used litigation to fight for civil rights. A team of lawyers led by Thurgood Marshall argued cases all over the courts, which led to Brown v Board, (May 17, 1954) a collection of five cases. Critical evidence from research by Kenneth & Mamie Clark with dolls helped overturn the precendent of Plessy v Ferguson.

8. Court Results: The results of Brown v Board helped eliminate de jure segregation, segregation written into law. The government still needed to focus on de facto segregation which more social

9. Swann v Charlotte Mecklenburg Board of Education: This court case allowed for the use of public transportation to desegregate schools

10. White Flight: As suburbs became more popular, African Americans were left behind in disproportionately in high numbers in the cities. The court still had not taken concrete action to regulate de facto segregation

11. Civil Rights Act: This was the culmination of a huge social movement with landmarks like the Montgomery Bus Boycott, sit-ins led by the Student Nonviolent Coordinating Committee, and actions by the Freedom Riders. This act let government withhold grants from segregated schools. Also outlawed discrimination on race, ethnicity, religion, natural origin & gender

12. Voting Rights Act of 1965: Despite the 15th amendment, many African Americans still faced intense discrimination. This Act banned literacy tests & lets Justice Department use federal officers to make uncooperative areas comply

13. Affirmative Action: Begins with an executive order issued by President Johnson

14. Shelby County v Holder (2013): This overturned a part of the Voting Rights Act that required some Southern states to obtain clearance before changing voting laws or practices on the basis it violated federalism. Within the next hour, Southern states passed several restrictive laws that they already had drafted.

Affirmative Action

Affirmative action are programs that are meant to acknowledge the systemic oppression against minorities and counteract that by considering it as a factor when employing people or accepting them into colleges.

Opponents argue it’s reverse discrimination, and the Supreme Court has had difficulty determining how to administer affirmative action.

The case Regents of the University of California v Bakke ruled against using quotas to administer AA programs, and Gratz v Bollinger ruled against using point systems, but allowed the consideration of race & ethnicity in admissions as long as there was a compelling interest, like diversity.

In summary; though the Supreme Court has usually allowed for affirmative action to be attempted, it puts down methods that do so in an unfair manner.

Letter from Birmingham Jail

After leading a desegregation protest in Birmingham, Alabama- one of the most segregated cities in the country, Martin Luther King Jr was arrested. While arrested, white clergyman published a piece in the newspaper that criticized the movement and prompted King to stop and take more gentle legal action.

While in jail, MLK wrote back a response, and it became one of the most famous pieces of the Civil Rights Movement. His letter:

1. Defended the civil rights movement on the basis that natural rights were being violated

2. Justified civil disobedience for injustice in Birmingham

3. Called out “white moderates” as the biggest barrier to progress. People who didn’t support racism but remained silent.

4. Criticized white clergymen that had tried to deter him from protest. He argued that African Americans had been told to ‘wait’ for nearly 340 years. King expressed anger knowing that ‘wait’ meant ‘never’.

5. Call to Political Action on the basis of the Equal Protection Clause of the 14th amendment

The letters use of governmental documents to incite political action is one of the reasons it is considered a foundational document in the AP Government course. It’s also famous for its strong use of pathos to voice African American’s frustration at the lack of progress.