Chapter 5 – Civil Rights (Vocabulary Flashcards)
Civil Liberties vs. Civil Rights
- Distinction
- Civil liberties: Government cannot act; they are negative restraints that safeguard individual freedoms (speech, worship, press, assembly, petition).
- Civil rights: Government must act; they are positive guarantees of equal treatment for everyone, especially members of protected classes (race, gender, ethnicity, religion, national origin, disability, sexual orientation, etc.).
- Foundational implication
- Civil liberties flow largely from the Bill of Rights and the Due Process Clauses (Fifth and Fourteenth Amendments).
- Civil rights flow primarily from the Equal Protection Clause and subsequent statutes.
Equal Protection Clause and Constitutional Foundations
- Text: “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” (Fourteenth Amendment, 1868).
- Judicial gloss
- Supreme Court shorthand: “All persons similarly circumstanced shall be treated alike.”
- Practical restatement: “Similarly situated individuals are treated similarly.”
- Principles grounded in equality, fairness, and non-discrimination, yet not absolute—some discrimination allowed if constitutional tests are met (e.g., age restrictions on alcohol).
Discrimination: Definitions and Legal Framework
- Discrimination: Unjust/prejudicial treatment of categories of people, esp. by race, age, sex.
- Two analytic prongs the courts examine:
- Discriminatory impact/effect – facially neutral law produces unequal outcomes.
- Discriminatory purpose/intent – law enacted because of the unequal treatment it produces.
- Example of lawful discrimination: age-based alcohol purchase limit (21+). Example of unlawful: race-exclusive hiring.
Levels of Scrutiny in Equal Protection Jurisprudence
- Rational Basis Test (default)
- Government action must be rationally related to a legitimate goal.
- Burden: Challenger must prove no rational link.
- Intermediate Scrutiny (gender/sex, legitimacy of birth, some immigration status)
- Action must be substantially related to an important objective.
- Burden: Government.
- Strict Scrutiny (race, ethnicity, national origin, religion, fundamental rights)
- Action must serve a compelling interest, be narrowly tailored, and use the least restrictive means.
- Nearly always fatal to the challenged law.
Affirmative Action
- Definition: Policies/programs intended to remedy historical discrimination and expand opportunities (education, employment) for marginalized groups.
- Legal tightrope: Allowed if it meets strict or intermediate scrutiny (depending on category) and uses race/sex as a plus factor, not a quota (e.g., Regents v. Bakke, Grutter v. Bollinger).
- Ethical debate: Equity vs. color-blind meritocracy, remedy vs. reverse discrimination.
Reconstruction Amendments
- Thirteenth Amendment (1865)
- Abolishes slavery and involuntary servitude except as criminal punishment.
- Fourteenth Amendment (1868)
- Birthright citizenship, Privileges or Immunities, Due Process (extends to states), Equal Protection.
- Implies a right to travel among states.
- Fifteenth Amendment (1870 – not explicitly in slides but context)
- Prohibits race-based voting denial.
- Historical goal: Prevent “black codes” and secure newly freed peoples’ liberties.
Jim Crow Era and Disenfranchisement
- Plessy v. Ferguson (1896): Upholds “separate but equal,” enabling Jim Crow laws.
- Techniques to suppress Black vote:
- Literacy tests & understanding tests (with grandfather-clause loopholes for illiterate Whites).
- Poll taxes (receipt in Figure 5.6 shows 1 tax in 1917 Jefferson Parish, LA).
- White-only primaries.
- Result: Widespread disenfranchisement until mid-20th-century reforms.
Segregation (De Jure vs. De Facto)
- De jure segregation: Mandated by law (e.g., separate schools, public facilities).
- De facto segregation: Result of private decisions (housing patterns, economic factors).
- Even under the Plessy “separate but equal” doctrine, facilities were overwhelmingly unequal (resource disparities favored Whites).
- Iconic visuals
- Burning of Freedmen’s school (Figure 5.3) demonstrates violent resistance.
- Little Rock Nine (Figure 5.7): 1957 federal troops enforce integration.
African-American Civil Rights Movement
- Post-WWII direct action: Bus boycotts, sit-ins, Freedom Rides, voter-registration drives.
- Confrontations
- “Bloody Sunday” on Edmund Pettus Bridge, Selma (1965) – televised brutality galvanized support.
- Court breakthrough: Brown v. Board of Education (1954) overturns Plessy in education; declares segregation inherently unequal. Implementation met with “massive resistance” for decades.
- Legislative landmarks
- Civil Rights Act of 1964
• Bans discrimination in public accommodations, employment (creates EEOC), and unequal voting requirements.
• Constitutional hook: Congress’s Commerce Clause power, not solely Fourteenth Amendment. - Voting Rights Act of 1965 (Figure 5.1 signing)
• Suspends literacy tests, installs federal examiners, requires pre-clearance for jurisdictions with histories of discrimination.
Impacts and Legacy
- Civil Rights Movement catalyzed subsequent pushes for equality:
- Women’s liberation, American Indian Movement, Chicano/Latino activism, Asian-American redress, LGBTQIA+ rights.
- Demonstrated strategic spectrum: Non-violent civil disobedience (MLK) vs. separatist/self-defense rhetoric (Malcolm X) (Figure 5.9).
- Contemporary backlash: White supremacist resurgence (Charlottesville “Unite the Right,” 2017; Figure 5.10).
Women’s Suffrage and Women’s Rights
- Early advocates: Elizabeth Cady Stanton, Lucretia Mott (Figures 5.11 & 5.12) emerge from abolitionist circles.
- Milestones
- Western territories grant partial suffrage in late 1800s.
- Nineteenth Amendment (1920): Prohibits sex-based voting denial; still limited by racial disenfranchisement until 1960s.
- Equal Rights Amendment (ERA)
- Proposed 1923, passed Congress 1972, required 38 states; deadline lapsed 1982 though Virginia ratified in 2020 (map Figure 5.14).
- Second-wave feminism (1960s–1980s): Focus on workplace equality, reproductive rights, credit/property, Title IX, combatting sexual harassment.
Native American Civil Rights
- Removal & Sovereignty Loss
- Trail of Tears (1831–1838) (Figure 5.16 maps forced marches).
- Citizenship progression
- Indian Citizenship Act 1924 grants citizenship to Native Americans born after enactment; Nationality Act 1940 covers remaining.
- Rights on reservations
- Courts treat reservations as “quasi-sovereign”; Bill of Rights not automatically applied.
- Indian Civil Rights Act 1968 extends many rights inside reservations.
- Activism
- AIM occupation of Wounded Knee (1973) – 71-day standoff; two deaths, 15 injuries (Figure 5.17).
Asian-American, Latino/Chicano, and Immigrant Movements
- Asian-American exclusion
- Naturalization barred until 1943 for Chinese; broader restrictions loosened post-WWII.
- WWII Japanese internment (Figure 5.20); redress movement leads to Civil Liberties Act 1988 (not in slides but relevant link).
- Latino/Chicano activism
- Focus: Farmworker rights (César Chávez, Dolores Huerta), bilingual education, end to segregation (e.g., Mendez v. Westminster, 1947), immigration reform.
- Immigrant rights demands: Anti-trafficking, due process in deportations, Deferred Action (DACA) for undocumented youth.
LGBTQ+ Rights
- Early criminalization: All 50 states outlaw same-sex acts pre-1960s; laws also target gender-nonconforming dress.
- Movement spark: Stonewall riots (1969) though not named in slides.
- Legal milestones
- Lawrence v. Texas (2003) invalidates remaining sodomy laws under Fourteenth Amendment privacy and liberty.
- Obergefell v. Hodges (2015) mandates nationwide marriage equality (Figure 5.21 celebration).
- Bostock v. Clayton County (2020) (referenced): Title VII bars employment discrimination based on sexual orientation or gender identity.
- Continuing issues: Transgender healthcare access, military service, bathroom & sports participation, hate-crime protections.
Cross-Movement Themes & Ethical/Practical Implications
- Intersectionality: Many individuals belong to multiple marginalized identities; discrimination can be compounded.
- Federalism tension: State autonomy vs. national enforcement (e.g., federal troops in Little Rock; pre-clearance under VRA).
- Commerce Clause as civil-rights engine: Used when Fourteenth Amendment limits reach of Congress over private actors (e.g., CRA 1964 on businesses).
- Scrutiny tiers as gatekeepers: Litigation strategy often hinges on framing classification into strict or intermediate scrutiny.
- Backlash dynamics: Each advance (Reconstruction, Civil Rights, Marriage Equality) triggers counter-mobilization (Jim Crow, Massive Resistance, religious-freedom bills).
- Moral arc narrative: Figures of emancipation (Lincoln – Figure 5.4), civil-rights icons (King, Lewis), and protesters illustrate the long struggle bending toward justice but requiring vigilance.