5th chapter

Equal Rights Amendment (ERA)

  • Overview of the ERA

    • The Equal Rights Amendment aimed to expand the principles of the Nineteenth Amendment beyond voting rights to all areas of social life.
    • Encompassed equality in various legal contexts:
    • Jobs
    • Education
    • Property
    • Federal law
    • Complemented by the Civil Rights Act, which sought to ensure equality in these areas.
    • The ERA would have constitutionalized these equality provisions.

  • Sections of the ERA

    1. First Section
    • States: "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."
    • Aims to prevent sex-based discrimination at both federal and state government levels.
    1. Second Section
    • Grants Congress the power to enforce the provisions of the ERA through appropriate legislation.
    1. Third Section
    • States that the amendment shall take effect two years after the date of ratification, allowing a transitional period for states and institutions to comply.

  • Historical Timeline

    • The ERA was initially written in 1923.
    • Congress finally passed it in 1972 with bipartisan support, indicating backing from both the Republican and Democratic parties.
    • It passed the Senate and initially set a ratification deadline for 1979, later extended to 1982.
    • Only 35 states ratified the ERA before the deadline, falling short of the necessary 38 for adoption in the Constitution.

  • Ratification Map Analysis

    • Dark blue states: Ratified the ERA.
    • Light blue states: Ratified but later rescinded their ratification.
    • Rescission has no legal precedent or clear status in U.S. history.
    • Beige states: Ratified in one house of their legislature.
    • Red states: Never ratified the ERA.

  • Subsequent Ratifications and Legal Status

    • In 2017, 2018, and 2020, Nevada, Illinois, and Virginia ratified the ERA, boosting the total to 38 states.
    • However, these ratifications were past the 1982 deadline, rendering them ineffective for the constitutional amendment process.

  • Support and Opposition

    • Supporters argued the ERA would guarantee gender equality.
    • Opponents contended it could lead to unintended consequences affecting laws concerning:
    • Family rights
    • Military service
    • Gender-specific protections
    • The ERA symbolizes the ongoing struggle for constitutional gender equality in the U.S., although it was never ratified.

Native American Civil Rights

  • Historical Context

    • Native Americans were forcibly removed from their lands through policies like the Trail of Tears (1831-1838).
    • The U.S. government established a complex relationship with Native tribes, rooted in treaties, conflicts, and federal oversight.
    • Initially, tribes were recognized as sovereign political entities, but not fully independent.

  • Tribal Sovereignty and Rights

    • Native American reservations are termed domestic dependent nations, indicating their unique political status.
    • Reservations can operate independent internal affairs, including:
    • Established police forces
    • Courts
    • Local laws
    • Despite this, Native Americans lost significant land and sovereignty over time while being excluded from U.S. citizenship.

  • Citizenship Developments

    • The Indian Citizenship Act of 1924 granted citizenship to Native Americans born after its passage.
    • Those who served in the military secured citizenship earlier, leading to the Nationality Act of 1940.
    • Despite being granted citizenship, Native Americans faced segregation similar to other minority groups in the South.
    • The termination era (1940s-1960s) sought to dissolve tribal governments and reservations, which largely failed and worsened economic conditions for tribes.
    • Indian Self Determination and Education Assistance Act (1975) allowed tribes to manage federal programs, increasing their autonomy.

  • Legal Affirmations of Tribal Rights

    • Indian Child Welfare Act (1978) affirmed the authority of Native tribes in child custody cases.
    • The Supreme Court cases, such as McCallingham and Arizona State Tax Commission, limited state interference with tribal governance.
    • McGirt v. Oklahoma (2020) reaffirmed that reservations remain valid unless Congress specifically terminates them.

  • Civil Rights Movement Context

    • The civil rights movements, including Native American activism, saw protests such as the Wounded Knee occupation (1973), demanding federal adherence to treaty obligations.
    • The occupation led to a 71-day armed standoff, highlighting issues of sovereignty and treaty rights, resulting in injuries, deaths, and significant media coverage.

  • Legislative Protections

    • The Indian Civil Rights Act (1968) imposed several Bill of Rights protections on tribal governments but excluded some rights, leading to a decreased scope of civil liberties on reservations.

Other Significant Civil Rights Movements

  • Asian American Rights

    • Until the 1940s, most Asian Americans were excluded from citizenship.
    • During World War II, the Japanese and Japanese Americans were forcibly interned, leading to significant outrage and activism.

  • Latino Movements

    • Groups in areas like Chicago fought for immigrant rights, including:
    • Rights for immigrant farm workers
    • Pathways for undocumented workers to gain citizenship
    • Employment and educational discrimination issues
    • Strict requirements related to lawful entry for immigration benefits were prevalent.

  • Women's Rights Movements

    • Women's rights activism continued through the 1960s with a focus on autonomy and privacy regarding medical choices, including:
    • Birth control rights
    • Landmark cases like Roe v. Wade
    • Additional causes included:
    • The right to retain maiden names after marriage
    • Property ownership
    • Equal pay
    • Access to professions and educational institutions

  • Immigrant Rights Groups

    • Advocated for preventing human trafficking and creating more pathways for immigration and citizenship, emphasizing due process in deportation hearings and protections for undocumented children.

  • LGBTQ Rights Movement

    • Stemming from the social movements of the 1960s, the gay rights movement targeted discriminatory laws against same-sex relationships.
    • Landmark cases include:
    • Lawrence v. Texas (2003), which declared laws criminalizing same-sex acts unconstitutional.
    • Obergefell v. Hodges (2015), protecting same-sex marriage rights.
    • In 2020, ruling against discrimination based on sexual orientation and gender expression in employment settings.
    • Ongoing legal battles and discussions around these rights continue, confirmed by the Supreme Court's refusal to overturn Obergefell.

  • Insights on Civil Rights

    • The struggle for civil rights historically has involved complex and often contentious relationships between marginalized groups and the government.
    • The movement for various rights, including Native American rights, exemplifies deep conflicts in power dynamics and the pursuit of equality.