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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The LGBTQ+ community faces discriminatory practices but has increasingly mobilized for equal rights through political activism and litigation.
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.
Discussion surrounding the merits and drawbacks of affirmative action policies; bi-partisan arguments about equality, meritocracy, and historical context.
Civil rights laws have expanded the government's role in protecting individual liberties while balancing the need to uphold equality.
Multiple Classifications: Different standards exist for evaluating legal classifications, focusing on rationality, scrutiny, and presumption of validity.
Enhanced democracy and protection for minorities through various civil rights policies; promoting equality while necessitating government intervention.
Balancing individual liberties with collective equality remains a fundamental tension in American democracy.
A glossary of key civil rights terms and landmark legislation discussed throughout the chapter.
List of relevant websites and literature for further exploration on civil rights issues in America.
Comprehensive reference list for academic and historical context relating to civil rights.