In-Depth Notes on Civil Rights and Federalism (copy)
Overview of Civil Rights Movement
Key Focus: Revisiting the history and struggle for civil rights, particularly for African Americans.
Brown v. Board of Education (1954): Landmark Supreme Court decision that struck down segregation in public education, declaring that separate educational facilities are inherently unequal.
NAACP Strategies: Continued legal battles to dismantle segregation, focusing on a long-term strategy to chip away at segregation institution by institution.
Emergence of Direct Action: Late 1950s - 1960s saw a notable increase in direct action (sit-ins, protests, boycotts) as a response to segregation and Jim Crow laws.
Civil Rights Movement Leaders: Martin Luther King Jr. was a prominent figure, but the movement was large, involving many individuals and organizations.
Key Legislative Achievements
Civil Rights Act of 1964: Prohibit discrimination in public accommodations and employment based on race, color, religion, sex, or national origin.
Mandates federal enforcement with provisions for lawsuits against violators.
Established the Equal Employment Opportunity Commission (EEOC).
Voting Rights Act of 1965: Eliminated various discriminatory practices that hindered voting, such as poll taxes and literacy tests.
Included provisions for federal oversight of voter registration in areas with histories of discriminatory practices.
Factors Leading to Legislation Passage
Demographic Changes: Migration of African Americans to Northern states after WWII created a significant voting bloc that pressured politicians to act.
Public Response to Violence: Media coverage of violent reactions to civil rights protests raised national awareness and shifted public opinion.
Assassination of President Kennedy: His support for civil rights caused momentum for legislation following his death.
Continuing Struggles and Affirmative Action
Economic Rights: Despite progress in political and social rights, economic equality remains elusive for many marginalized groups.
Affirmative Action: Policies that support previously disadvantaged groups (e.g., racial minorities, women) in education and employment. The courts have seen varied interpretations over time, with the most recent rulings severely limiting the use of race as a factor in admissions (e.g., Students for Fair Admissions v. UNC and Harvard).
Federalism Overview
Definition: A system where power is divided between a strong national government and constituent political subunits (states).
Key Concepts:
Enumerated Powers: Powers expressly granted to the national government (e.g., coin money, regulate foreign commerce).
Reserved Powers: Powers retained by the states (e.g., regulate intrastate commerce, conduct elections).
Concurrent Powers: Powers shared by both levels (e.g., taxation, establishing courts).
Federalism in the US Context
Supremacy Clause: National laws take precedence over state laws in the event of a conflict.
Implied Powers Doctrine: The national government has powers beyond those explicitly stated in the Constitution (e.g., creation of a national bank as ruled in McCulloch v. Maryland).
The national government, thus, expands its power through interpretations of existing provisions, particularly regarding the necessary and proper clause.
Conclusion and Further Discussion
Questions Encouraged: Discussions will continue, focusing on the relationships between different levels of government and exploring historical and contemporary issues surrounding civil rights and federalism.