Civil Rights Movement: Background and Context

Civil Rights Movement: Background and Origins

• The civil rights movement, originating with African Americans, connects to various topics discussed throughout the year.
• Essential questions and documentaries will be addressed, potentially continuing on Thursday due to flexible scheduling.

States' Rights vs. Federal Government

• The origins of the civil rights movement predate the country's founding.
• Colonies were established over a long period (1607-1733), each with its own government.
• This led to states retaining certain rights, influencing issues like marijuana legalization.
• States' rights became a central issue in the African American civil rights movement, with Southern states asserting their autonomy.
• The Civil War addressed the limits of states' rights, particularly regarding the right to hold individuals as chattel slaves.
• The 13th, 14th, and 15th Amendments aimed to abolish slavery, grant citizenship and due process, and ensure the right to vote, respectively.
• However, after Reconstruction, the South implemented Jim Crow laws to maintain racial segregation and disenfranchisement.

Jim Crow Laws

• Jim Crow laws were both de jure (by law) and de facto (by custom).
• Plessy v. Ferguson (1896) established the "separate but equal" doctrine, legally segregating black people.
• De facto segregation included customs such as black people deferring to white people in various social interactions.
• Southern states defended these practices as their culture and tradition, resisting federal intervention.
• Jim Crow South also drove the Great Migration of African Americans to northern industrial cities in the early 20th century.
• However, racial discrimination persisted in the North, as evidenced by the Red Summer, with violence against African Americans throughout the United States.

Disenfranchisement and Its Consequences

• Jim Crow laws intentionally disenfranchised black people, preventing them from voting.
• The murder of African Americans (lynching) was done to terrorize them to not vote.
• Lack of voting rights had significant consequences:
  • Exclusion from jury duty, leading to biased all-white juries in cases involving black defendants.
  • Inability to influence laws and elect officials who would challenge discriminatory practices.

Three Branches of Government

• Three co-equal branches of government were reviewed:
  • Executive (President): Enforces laws but does not create them.
  • Legislative (Senate and House of Representatives): Makes laws.
  • Judicial(Courts): Interprets laws based on precedent.
• The law is complex, with interpretations evolving through court decisions (precedent).
• Lawyers interpret laws based on their client's interests.

The Role of Courts in Civil Rights

• Due to disenfranchisement, African Americans primarily relied on the courts to secure their civil rights under the 14th and 15th Amendments.
• However, courts lack the power to enforce their decisions, as demonstrated by historical examples like Andrew Jackson and the Trail of Tears.
• This raises concerns about potential conflicts between the judiciary and the executive branch, particularly if the executive branch refuses to comply with court rulings.

Post-World War II Changes

• African Americans voted with their feet and left the south for better opportunities.
• The experience of African Americans in World War II significantly influenced the civil rights movement.
• Having fought for freedom abroad, black veterans returned home expecting equal rights and treatment.
• The GI Bill provided benefits such as cheap home loans and college education to all veterans, including African Americans.
• This led to a more educated and empowered generation of black people determined to challenge racial inequality.
• A generation of African Americans who aren't going to put up with injustice.

Ironic Photo

• An image shows that a black man gets beaten by someone with an American flag over the civil rights.
• The image is considered particularly ironic and is being discussed further.