Edwards-2020-Sample-Chapter-5

Page 1: Introduction to Civil Rights

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Page 2: Chapter Overview

Civil Rights and Public Policy

  • Outline of Chapter 5: The Struggle for Equality

    • 5.1 Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause.

    • 5.2 Evolution of protections and nondiscrimination principles related to African Americans.

    • 5.3 Progress made by other ethnic groups under civil rights principles.

    • 5.4 Evolution of women’s rights in relation to civil rights principles.

    • 5.5 Struggles for civil rights by older Americans, persons with disabilities, and LGBTQ+ Americans.

    • 5.6 Evolution of affirmative action policy and the associated arguments.

    • 5.7 Understanding how civil rights policy advances democracy and extends government scope.


Page 3: Rosa Parks and the Civil Rights Movement

Key Event: Rosa Parks' Arrest

  • Date: December 1, 1955.

  • Location: Montgomery, Alabama, city bus in the "colored" section.

  • Rosa Parks, a seamstress and NAACP member, refused to give up her seat to a white passenger, leading to her arrest and igniting the civil rights movement.

    • Significance: This act initiated significant mobilization among African Americans.

    • Martin Luther King Jr.: Organized the bus boycott in response to the arrest, leading to widespread nonviolent resistance.

  • U.S. Supreme Court ruled on November 13, 1956, that Alabama's segregation laws on buses were unconstitutional.

  • Major shift in the struggle for civil rights highlighting the conflict between individual liberty and equality.


Page 4: Understanding Civil Rights

Core Principles

  • Equality vs. Individual Liberty: Struggle for equality is a prominent theme throughout American history.

  • Civil Rights: Policies protecting individuals against discriminatory treatment.

  • **Constitutional Basis for Equality:

    • The Constitution does not guarantee equality explicitly except through the Fourteenth Amendment, which ensures "equal protection of the laws."

    • Classifications by laws or regulations must comply with this amendment.

  • Types of Classifications:

    • Racial/Ethnic Classifications: Subject to strict scrutiny.

    • Gender Classifications: Receives intermediate scrutiny.

    • Other Classifications (e.g., age): Evaluated for reasonable classifications.


Page 5: Supreme Court Standards of Review

Standards of Review for Classifications

  • 1. Rational Basis: Most classifications need only show rational relationship to legitimate governmental purpose.

  • 2. Intermediate Scrutiny: Applied to gender and gender classifications; the burden is on the government.

  • 3. Strict Scrutiny: Racial/ethnic classifications are inherently suspect; the government must prove compelling public interest.

  • Significance of Classifications: They dictate how laws are applied and whether they achieve constitutional validity.


Page 6: African Americans’ Civil Rights

Historical Context

  • Slavery: African Americans as the most visible minority; subjected to severe discrimination for 250 years.

    • Dred Scott Case (1857): Declared that Black Americans had no rights under a white man's government.

    • Civil War: Resulted in the Thirteenth, Fourteenth, and Fifteenth Amendments.

  • Reconstruction Era: Initial civil rights progress followed by Jim Crow laws imposed segregationist governance in the post-war South.


Page 7: Segregation & Supreme Court Decisions

Jim Crow Laws and Racial Discrimination

  • Society’s practices reflected racial segregation across all facets of life, supported by the Supreme Court.

    • Plessy v. Ferguson (1896): Established the legal basis for "separate but equal" accommodations.

    • Continued discrimination perpetuated by state and local laws with Supreme Court enabling these practices, restricting rights for African Americans.

  • Civil Rights Evolution: Organizations and movements arose, notably the NAACP, advocating for civil rights during this era.


Page 8: Education and Legal Challenges

Education as a Focus of Civil Rights Efforts

  • Desegregation efforts concentrated on education due to its critical role in equal opportunity.

    • Key Cases:

      • McLaurin v. Oklahoma State Regents (1950): Segregated treatment in higher education found unconstitutional.

      • Brown v. Board of Education (1954): Declared school segregation unconstitutional, marking a substantial victory for the civil rights movement.

  • Continued Resistance: Many Southern states resisted integration, leading to federal intervention to enforce court mandates.


Page 9: Progress of the Civil Rights Movement

Political and Social Mobilization

  • Civil rights movement tactics included sit-ins, marches, and boycotts aimed at addressing discrimination in various public domains.

  • Mobilization efforts led to legislative changes and increased political representation for minorities.

  • Voting Rights Act of 1965: Crucial in dismantling barriers to voting and increasing voter registration among African Americans.


Page 10: Legislative Achievements

Significant Legislative Milestones

  • Civil Rights Act of 1964: Outlawed racial discrimination in numerous public sectors including jobs and public accommodations.

  • **Voting Rights Act of 1965:**Provided federal oversight to protect African Americans' right to vote free from discrimination.

  • Equality Impact: Resulted in dramatic increases in African American electoral participation and representation.


Page 11: Ongoing Issues

Evolution of Rights and Overcoming Challenges

  • Despite progress, issues such as police brutality and systemic racism persisted, necessitating continued advocacy and legislative efforts.

  • Modern civil rights movements, fueled by events such as George Floyd's murder, have reignited national conversations around race, justice, and equality.


Page 12: Voting Rights Challenges

Historical and Ongoing Discrimination

  • Barriers to Voting: Literacy tests, poll taxes, and discriminatory practices effectively disenfranchised African Americans for decades.

  • Legislative Response: 1965 Voting Rights Act aimed to eliminate these barriers, which had entrenched racial discrimination in voting.


Page 13: Impact of Legislation

Results of Voting Rights Acts

  • Post-Voting Rights Act, the number of elected African Americans dramatically increased, providing representation and leadership opportunities.

  • Electoral gains correlated with the ability of African Americans to hold politicians accountable and influence policy changes.


Page 14: Rights of Other Minority Groups

Civil Rights for All

  • Other minority groups such as Latinos, Native Americans, and Asian Americans have also mobilized and benefited from civil rights frameworks established through African American struggles.


Page 15: Latino Rights and Advocacy

History of Discrimination

  • Latinos: Experience systemic discrimination; significant milestones achieved through civil rights organizations.

    • Legal Victories: Key cases such as Hernandez v. Texas demonstrate expanding definitions of civil rights.


Page 16: Asian American Civil Rights

Historical Context and Discrimination

  • Early discrimination, such as the Chinese Exclusion Act, severely restricted Asian immigration and civil rights.

  • Kormatsu v. United States highlighted judicial endorsement of discrimination during World War II.


Page 17: LGBTQ+ Rights

The Ongoing Struggle

  • The LGBTQ+ community faces discriminatory practices but has increasingly mobilized for equal rights through political activism and litigation.


Page 18: Affirmative Action Policies

Introduction to Affirmative Action

  • Purpose: Designed to address historical injustices and provide equal opportunities for historically marginalized groups.

  • Court Scrutiny: The legal status of affirmative action continues to evolve, with significant Supreme Court rulings shaping policy.


Page 19: Measuring Progress

Evaluation of Affirmative Action

  • Discussion surrounding the merits and drawbacks of affirmative action policies; bi-partisan arguments about equality, meritocracy, and historical context.


Page 20: Civil Rights and Government Role

Democracy and Government's Scope

  • Civil rights laws have expanded the government's role in protecting individual liberties while balancing the need to uphold equality.


Page 21: Standards of Review

Legal Standards Explained

  • Multiple Classifications: Different standards exist for evaluating legal classifications, focusing on rationality, scrutiny, and presumption of validity.


Page 22: Implications for Policies

Civil Rights Policy Effects

  • Enhanced democracy and protection for minorities through various civil rights policies; promoting equality while necessitating government intervention.


Page 23: Civil Rights in Context

Equality vs. Liberty

  • Balancing individual liberties with collective equality remains a fundamental tension in American democracy.


Page 24: Key Terms and Legislation

Understanding Essential Concepts

  • A glossary of key civil rights terms and landmark legislation discussed throughout the chapter.


Page 25: Resources and Further Reading

Suggested Resources

  • List of relevant websites and literature for further exploration on civil rights issues in America.


Page 26: Endnotes

References for Further Information

  • Comprehensive reference list for academic and historical context relating to civil rights.

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