Chapter#5 - Civil Rights

Martin Luther King Jr. Quote and Civil Rights Context

• “I have a dream that one day this nation will rise up and live out the true meaning of its creed: 'We hold these truths to be self-evident, that all men are created equal.'”
• Source: Martin Luther King, Jr., Aug. 28, 1963 (I Have a Dream speech)
• Significance: Calls for realization of the nation’s foundational creed of equality; frames civil rights as a fulfillment of American ideals.

Equal Protection and the Historical Context of Slavery

• Slavery represents a deeply dividing issue in American history and law.
• Origins of enslaving Africans in North America: the first enslaved individuals arrived in 1619, a year before the Plymouth colony was established in Massachusetts.
• Slavery conditions: sunup to sundown labor; harsh nutrition, housing, medical care, and clothing; limited opportunities for creativity, intelligence, and advancement.
• Brutality and family separations: slaves were beaten and whipped; families were forcibly sold and separated.
• Demographics (antebellum South): by 1840, nearly half of the populations of Alabama and Louisiana were enslaved Black people; in contrast, only about a quarter of southern white families owned slaves.
• Cultural entrenchment and resistance: slavery was deeply embedded in Southern culture; anti-slavery measures faced fierce resistance.

Civil War Amendments and Reconstruction

• After the Civil War, three constitutional amendments were adopted:
  • 13^{th} Amendment: abolished slavery.
  • 14^{th} Amendment: guaranteed equal protection under the law.
  • 15^{th} Amendment: guaranteed voting rights for African American men.
• Federal military protection enabled immediate political participation by African American men post-war.
• Compromise of 1877: Restored Rutherford B. Hayes to the presidency in exchange for withdrawing federal troops from the South; marked the end of federal occupation.
• Consequence: End of federal enforcement allowed Southern states to develop and enforce Jim Crow laws, restricting Black political and civil rights.

Jim Crow Laws: Definition, Origins, and Scope

• Definition: Laws enacted by Southern state legislatures after the Civil War mandating rigid racial segregation.
• Beginnings: First Jim Crow laws emerged in the 1870s; aimed to criminalize interracial marriage and segregate trains and depots.
• Expansion: Within a decade, laws segregated all public accommodations and, within about ten years, all Southern states had segregated schools.
• Broad reach: Jim Crow laws touched every aspect of daily life.
• Examples:
  • South Carolina: Black and white textile workers could not work in the same room or enter through the same door.
  • Texas: Six towns where Blacks could not live.
  • Alabama: Curfew—Blacks could not leave their homes after 10:00 p.m.
  • Georgia: Black and white parks.
• Consequences for defiance: Arrests, fines, jail, violence, and even death were used to enforce segregation.

Segregation in Tampa, Florida (Local Context)

• Schools possibly illustrating segregation (on-site signage and facilities):
  • Booker T. Washington School
  • Howard W. Blake High School
  • George S. Middleton High School (displayed as SCHOOL BUILDING)
• Local segregation scenarios mirror national Jim Crow patterns.

The Road to Voting Rights: Qualifications and Barriers

• The section titled “The Things that Qualify a Colored Man to Vote” hints at the poll tax, literacy tests, and other restrictions used to disenfranchise Black voters in the Southern states.
• Visual reference: NBC Southern States coverage (contextual cue about regional politics and media portrayal).

Plessy v. Ferguson (1896) and the Separate but Equal Doctrine

• Background: On June 7, 1892, Homer Plessy sat in a “whites only” railroad car in Louisiana and was arrested for defying the state law enforcing racial segregation.
• Supreme Court ruling: The Equal Protection Clause of the 14^{th} Amendment was not violated by racial separation, as long as the facilities provided were equal.
• Outcome: Established the "separate but equal" doctrine, legitimizing segregated public facilities as constitutional provided equality of apparent facilities.
• Public acceptance: Society generally treated segregated facilities as equal so long as Black facilities existed.

Visual Example of Segregation: Imperial Laundry Co. (White Only)

• Advertisement illustrates de jure segregation in everyday services: “WE WASH FOR WHITE PEOPLE ONLY.”

Murray v. Maryland (1938) and Higher Education Integration

• Context: In 1935, the NAACP, led by Thurgood Marshall, represented Donald Murray, a Black applicant denied admission to the University of Maryland’s law school.
• Maryland’s defense: Offered to pay for out-of-state attendance; argued against racial discrimination.
• Court’s ruling: The Court found that Murray was rejected solely on the basis of race; alternatives offered by Maryland were not truly equal for someone intending to practice law in-state.
• Outcome: Murray was admitted; he became the first Black graduate of the University of Maryland School of Law in 1938.

Brown v. Board of Education (1954) and Strict Scrutiny

• Case background: Oliver Brown’s daughter Linda Brown attended an all-White school closer to home after attempting to register her in the nearby all-Black school; the case challenged segregated schooling under state law.
• Supreme Court decision: Struck down the "separate but equal" doctrine as fundamentally unequal; segregation in public schools violated the Equal Protection Clause.
• Key doctrinal impact: Introduced the use of strict scrutiny in cases involving racial discrimination and civil liberties, shifting the burden of proof to the government to justify the law.
• Outcome: Overturned Plessy’s precedent for public education specifically (and influential for civil rights litigation more broadly).

Monroe Elementary School (Topeka, KS)

• Visual reference to the site involved in Brown v. Board of Education.

Strict Scrutiny: Criteria and Application

• The tests courts apply to determine constitutionality of laws:
  • It must be justified by a ext{compelling governmental interest}.
  • Examples include national security, preserving lives, and protecting explicit constitutional rights.
  • The law/policy must be ext{narrowly tailored} to achieve that goal.
  • It must be the ext{least restrictive means} for achieving the interest.

Separate but Equal (Diagram Reference)

• Diagram illustrates separate facilities for colored and white students in schools, reflecting the Plessy framework.
• Labels:
  • COLORED SCHOOL
  • WHITE SCHOOL
  • SEPARATE BUT EQUAL doctrine in practice.

Harper v. Virginia Board of Elections (1966) and Poll Taxes

• Annie Harper, a resident of Virginia, challenged the state poll tax ($1.50) required to vote.
• Context: By this period federal elections had largely banned poll taxes via the 24^{th} Amendment; state/local elections were not necessarily constrained by that amendment.
• Supreme Court ruling: Requiring payment of a poll tax to vote in any election level is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

The Louisiana Literacy Test and Voter Suppression Tactics

• Literacy tests were used to disenfranchise Black voters; the test presented a deliberately confusing set of tasks.
• Example content from the test headings and questions shows absurd and punitive tasks designed to fail Black citizens regardless of ability.
• Illustrates overt state-level barriers to Black suffrage beyond formal amendments.

Loving v. Virginia (1967) and Interracial Marriage Laws

• Background: In 1958, Mildred Jeter (Black) and Richard Loving (White) married in the District of Columbia and faced Virginia’s Racial Integrity Act of 1924 upon return.
• Trial outcome: The Lovings were found guilty; sentence suspended on condition they leave Virginia and not return for 25 years.
• Supreme Court ruling: Laws banning interracial marriage violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

Challenging Jim Crow Laws: Civil Rights Movement Milestones

• Rosa Parks and the Montgomery Bus Boycott (1955–1956): Parks refused to give up her seat; sparked a boycott that lasted months and catalyzed widespread civil rights activism.
• Bloody Sunday (1965): Selma, Alabama—voter registration protests; state police attacked peaceful marchers during a planned march from Selma to Montgomery.

Additional Milestones: Little Rock Nine and Harriet Tubman

• Little Rock Nine (1957): Nine Black students attempted to attend Central High School in Little Rock, Arkansas; faced a hostile mob and National Guard opposition; President Eisenhower intervened with federal troops to escort the students.
• Harriet Tubman: Escaped slavery; made about 13 missions to rescue approximately 70 enslaved people via the Underground Railroad network.

Civil Rights Legislation: 1964 and 1965

• Civil Rights Act (1964): Federal statute prohibiting racial discrimination in public accommodations (hotels, restaurants, theaters), employment, and programs receiving federal funding.
• Voting Rights Act (1965): Federal statute designed to attack literacy tests and other barriers used to prevent African Americans from voting.

Women’s Rights and the Suffrage Movement

• Connection to Civil Rights: The women’s suffrage movement paralleled civil rights struggles; aims for universal suffrage beyond the 15th Amendment.
• Early activism:
  • 1867: Kansas referendum on women’s suffrage failed, motivating broader organizing.
  • 1872: Susan B. Anthony and others arrested for illegally registering and voting; Anthony helped cover legal costs and secured presidential pardons for others involved.
• Pioneering milestones:
  • Wyoming (1869): First state to grant women the right to vote.
  • 19th Amendment (1920): Granted women the right to vote; also known as the Susan B. Anthony Amendment.

Timeline of Key Suffrage Milestones by State (Map Reference)

• The map depicts state-by-state suffrage timelines and the related impact on electoral politics, culminating in national suffrage
  through the 19th Amendment.
• Notable reference points (as shown on the map):
  • Wyoming (1869) • Colorado (1893) • Illinois (1913) • Montana (1914) • Idaho (1896) • Nevada (1914) • Utah (1896)
  • Washington (1910) • California (1911) • Michigan (1917) • Ohio (1917) • New York (1917) • Indiana (1917) • Arizona (1912)
  • Kansas (1912) • Rhode Island (1917) • Oregon (1912) • Missouri (1917) • North Dakota (1917) • Alaska (1913–1917) • etc.
• National impact: The text asserts that these suffrage-ready states contributed to the broader national achievement of women's suffrage, summarized by the line "These States Control 172 Electoral Votes!" (map caption).
• Overall message: State-level progress built momentum toward universal suffrage in the United States; the 19th Amendment unified suffrage rights for women across all states.

Final Context: Today’s Relevance and Reflection

• The collected material links historical injustices (slavery, segregation, disenfranchisement) to ongoing debates about equal protection, civil rights, and voting access.
• Ethical and philosophical implications: The tension between equal protection under the law and the reality of unequal access to political power and social opportunities.
• Practical implications: The legal tests (e.g., strict scrutiny) provide tools to challenge discriminatory laws; federal legislation remains a central instrument for enforcing civil rights.
• Real-world relevance: Understanding how court decisions, amendments, and landmark acts interact helps explain current civil rights challenges and policy debates.

Summary of Key Legal Concepts and Their Significance

• Equal Protection Clause (14th Amendment): Fundamentally central to challenging discriminatory laws and policies.
• Due Process Clause (14th Amendment): Protects fundamental rights, including in cases like Loving v. Virginia where marriage is a constitutional liberty.
• Separate but Equal Doctrine (Plessy v. Ferguson): Legitimized segregation for decades; overturned by Brown v. Board of Education.
• Strict Scrutiny: The most demanding standard of judicial review for laws affecting fundamental rights or racial classifications; requires a compelling interest, narrow tailoring, and least restrictive means.
• Compromise of 1877: Political deal that ended federal protection against Jim Crow in the South, enabling the entrenchment of segregationist policies.
• Major civil rights milestones (Acts and Supreme Court decisions) shaped by grassroots activism and strategic litigation.

Connections to Foundational Principles and Real-World Relevance

• The arc from the Declaration of Independence’s creed to the Civil Rights Movement underscores the ongoing effort to realize equal protection in practice.
• Court doctrines (like strict scrutiny) reflect the balance between state interests and individual rights in a constitutional democracy.
• The suffrage timeline illustrates how constitutional amendments and state actions collectively advance or impede democratic participation.
• The interplay of federal power and states’ rights remains a central theme in civil rights jurisprudence and policy.

Ethical, Philosophical, and Practical Implications

• Ethical: Debates about equality, justice, and the meaning of “equal protection” in real-world institutions.
• Philosophical: The legitimacy of state power to regulate behavior vs. protecting individual rights and dignity.
• Practical: Legal tools (amendments, landmark cases, and federal statutes) serve to remediate systemic discrimination, yet ongoing vigilance is required to preserve and expand rights.

Notable People and Cases Mentioned

• Rosa Parks (1955) and the Montgomery Bus Boycott
• Little Rock Nine (1957)
• Harriet Tubman (Underground Railroad) and abolitionist networks
• Thurgood Marshall (NAACP) and the Murray v. Maryland litigation
• Oliver Brown (Brown v. Board of Education)
• Susan B. Anthony and the women’s suffrage movement
• Loving and the Virginia Racial Integrity Act (1967 decision)
• Harper v. Virginia Board of Elections (1966)

Key Dates to Memorize (Selected)

• 1619: First enslaved Africans arrive in what would become the United States.
• 13^{th} Amendment: 1865 – Abolished slavery.
• 14^{th} Amendment: 1868 – Equal protection under the law.
• 15^{th} Amendment: 1870 – Voting rights for African American men.
• 1877: Compromise leading to federal troop withdrawal from the South.
• 1896: Plessy v. Ferguson decision establishing separate but equal.
• 1954: Brown v. Board of Education overturning separate but equal in public education.
• 1964: Civil Rights Act.
• 1965: Voting Rights Act.
• 1966: Harper v. Virginia Board of Elections.
• 1967: Loving v. Virginia.
• 1920: 19th Amendment granting women’s suffrage.
• 1869: Wyoming grants women’s suffrage (early state-level victory).

Cross-References to Foundational Principles

• Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal.”
• Constitution as a living document: Amendment-based progress and evolving interpretations (e.g., strict scrutiny, Equal Protection).
• Civil rights as an ongoing project: Legal frameworks, court decisions, and legislative acts work together to expand constitutional rights over time.

Quick Reference: Key Terms to Know

• Equal Protection Clause; Due Process Clause; Strict Scrutiny; Separate but Equal; Jim Crow; Poll Tax; Literacy Test; Voting Rights Act; Civil Rights Act; 19th Amendment; Susan B. Anthony Amendment; Racial Integrity Act; National Guard/Presidential intervention in Little Rock

End of Notes