Debating American Government: The Struggle for Civil Rights PDF

BY THE PEOPLE: Debating American Government James A. Morone and Rogan Kersh Chapter: The Struggle for Civil Rights © 2023 Oxford University Pres  The Struggle for Civil Rights (1 of 2) Critical race theory: A scho...

BY THE PEOPLE: Debating American Government James A. Morone and Rogan Kersh Chapter: The Struggle for Civil Rights © 2023 Oxford University Pres  The Struggle for Civil Rights (1 of 2) Critical race theory: A scholarly tradition that analyzes the way racial hierarchy is organized into American laws and institutions; has recently come under political fire as overly negative and pessimistic about the American experience. Intersectionality: How different social identities like race, gender, and sexual orientation mix to create patterns of privilege and discrimination. © 2023 Oxford University Pres  The Struggle for Civil Rights (2 of 2) Civil rights: freedom to participate in the full life of the community (e.g., vote, use public facilities, exercise equal economic opportunity) Discrimination occurs when people denied rights and opportunities Once citizens win rights, public attention shifts to protecting them Battle to win civil rights is most powerful story in American history History can be viewed two ways – Steady march toward a deeper and richer equality – Sometimes rights expand, sometimes they contract © 2023 Oxford University Pres  Winning Rights: The Political Process (1 of 3) Seven steps to political equality 1. Group defines itself 2. Group challenges society 3. Stories change 4. Federalism comes into play 5. Executive branch often breaks the ice 6. Congress legislates a blockbuster 7. It all ends up in court © 2023 Oxford University Pres  Winning Rights: The Political Process (2 of 3) How the courts review cases – Judicial framework important – Three categories for determining whether acts violate “equal protection of the laws” guaranteed by Fourteenth Amendment © 2023 Oxford University Pres  Winning Rights: The Political Process (3 of 3) Suspect categories – Strict scrutiny – Strike down any law that singles our race, ethnicity or religion – Compelling government interest Quasi-suspect categories – Special category for gender cases – Rest on important state purpose Nonsuspect categories (weakest test) – Rational connection between legislation and legitimate government purpose © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (1 of Black Americans developed the tactics that other groups would use in their own battles for civil rights Opened the door to civil rights across society © 2023 Oxford University Pres Deadly force imbalances by ethnic group. © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (2 of The clash over slavery – Enslaved people were permitted to have churches – Dream of freedom became a kind of religious faith – Three forces precipitate national crisis over slavery: Moral crusade for abolition Economic interests Political calculations © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (3 of – Abolition Nineteenth century movement demanding immediate and unconditional end to slavery Abolitionists diverse for the time – Economics Every new settlement: slave or free? Slavery opposed for moral and economic reasons © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (4 of – Politics Political balance between slave states and free states in Congress Enslaved people (who counted as three-fifths of a person for the purposes of representation) gave southerners an additional 36 seats in the House of Representatives Missouri Compromise (1820) drew a line through the Louisiana Territory – North of line free, except Missouri; south of line allowed slavery Compromise of 1850 – Decision of free or slave turned over to residents of new territories © 2023 Oxford University Pres The Missouri Compromise: all American territory below the line would permit slavery; all above (except Missouri) would be free. © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (5 of – Dred Scott v. Sandford (1857) Dred Scott, an enslaved person, sued for freedom Supreme Court ruled he was not free because neither territories nor federal government had power to limit slavery or give a Black man rights Ruled Missouri Compromise and popular sovereignty unconstitutional No territory could restrict slavery or elevate Black people to citizenship © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (6 of The second American founding: a new birth of freedom? – Gettysburg Address announced “a new birth of freedom” – “Government of the people, by the people, for the people” rewrote the idea of freedom © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (7 of Innovation institutionalized in four documents – Emancipation Proclamation Freed those enslaved in areas rebelling, but lacked enforcement power – Thirteenth Amendment: abolished slavery – Fourteenth Amendment: anyone born in the United States a U.S. citizen No state shall “deprive any person of life, liberty or property without due process of law” or equal protection of the law Applied Bill of Rights to the states Equal protection of the law: requires equal treatment for all citizens – Fifteenth Amendment: guarantees voting rights © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (8 of Freedom fails – Reconstruction Failed effort to rebuild the South and establish racial equality after the Civil War Organized Freedmen’s Bureau to assist former slaves Civil Rights Act of 1866 guaranteed Black Americans same property rights as white Americans Civil Rights Act of 1875 limited private racial discrimination Dreams of racial equality slipped away – North withdrew army from the South – Congress repealed laws that implemented Civil War amendments; no national mechanism left to enforce “equal protection of the laws” © 2023 Oxford University Pres Race and Civil Rights: Revolt Against Slavery 9) (9 of – Civil Rights Cases of 1883 Supreme Court struck down the Civil rights Act of 1875 – 1890s: state governments gutted Fifteenth Amendment Grandfather clause: if your grandfather had not voted, you could not vote Poll taxes Literacy tests: requirement that voters be literate – Jim Crow: System of racial segregation in the South from 1890- 1965, violently enforced – Plessy v. Ferguson (1896): Supreme Court ruled nothing inherently discriminatory in separate but equal facilities – Segregation held in place by brutality of lynching © 2023 Oxford University Pres  The Next Fight for Racial Equality (1 of 5) Great Migration: vast movement of Black Americans from rural South to the urban North between 1910–1960s Two types of discrimination – De jure: involves laws that explicitly deny civil rights – De facto: more subtle forms of discrimination, exist without a legal basis The modern civil rights campaign begins – 1909: National Association for the Advancement of Colored People (NAACP) formed – 1941: President Roosevelt created Fair Employment Practices Committee – 1948: President Truman desegregated the armed forces © 2023 Oxford University Pres  The Next Fight for Racial Equality (2 of 5) The Courts – NAACP went to court and chipped away at Jim Crow laws – President Roosevelt appointed a court sympathetic to civil rights – Smith v. Allwright (1944) struck down all-white Democratic primary – Brown v. Board of Education (1954) ruled that segregated schools violated equal protection clause Nothing changed Court did not impose timetable or implementation plan National officials did not support States opposed © 2023 Oxford University Pres  The Next Fight for Racial Equality (3 of 5) The Civil Rights Movement – Ordinary Americans rose up and defeated segregation – Movement began in Montgomery, Alabama, 1955 – Court opened legal door: protests, change won – Freedom Riders, 1961: Black and white activists who rode buses together to protest segregation on interstate bus lines © 2023 Oxford University Pres  The Next Fight for Racial Equality (4 of 5) Congress and the Civil Rights Act – Congress blocked civil rights legislation – 1963 March on Washington marked high point of peaceful protest movement – Civil Rights Act of 1964 Forbade state and local governments from denying access to public facilities on the basis of race, color, or national origin Employers, private businesses could not discriminate Led to rapid integration of southern schools – Voting Rights Act of 1965 Protected voting rights Secured Fifteenth Amendment © 2023 Oxford University Pres  The Next Fight for Racial Equality (5 of 5) Rise of Black Nationalism – Nonviolence versus Black Power A slogan that emphasized pride in Black heritage and the construction of Black institutions to nurture Black interests. Often implied racial separation in reaction to white racism – Riots in 1965 and 1967 © 2023 Oxford University Pres The Civil Rights Act of 1964—rather than Brown v. Board of Education (1954)—led to rapid integration of southern schools. © 2023 Oxford University Pres  After the Southern Civil Rights Movement (1 of 2) Affirmative action in the workplace – Affirmative action: direct, positive steps to increase the representation of groups that have faced discrimination in the past – Disproportionate impact: effects some policies have in creating discrimination even if discrimination is not consciously intended Developed by Supreme Court in 1971 Companies could not hire or promote employees in a way that created “built-in headwinds” – Affirmative action raises difficult issues Equality of opportunity is goal; equality of outcome is product © 2023 Oxford University Pres  After the Southern Civil Rights Movement (2 of 2) Affirmative action in education – School busing: an effort to integrate public schools by mixing students from different neighborhoods – Achieve racial integration – Declined after 1980s Black Lives Matter movement – Renewed push for Black civil rights © 2023 Oxford University Pres  Women’s Rights (1 of 4) Suffrage – Seneca Falls Convention (1848): first convention dedicated to women’s rights – Nineteenth Amendment gave women the vote, 1920 © 2023 Oxford University Pres Before the Nineteenth Amendment, women had full voting rights in the West, limited rights in the Midwest, and almost none in the South and East. © 2023 Oxford University Pres  Women’s Rights (2 of 4) The Civil Rights Act of 1964: unexpected breakthrough – Designed to bar racial discrimination – “Sex” added to bill as a joke – Opened the door to gender change – Officials ignored gender provision – National Organization for Women (NOW) began demonstrations, rallies, lobbying, and litigation – Congress passed Federal Education Amendments, 1972 requiring equal athletic opportunities for men and women (Title IX) © 2023 Oxford University Pres  Women’s Rights (3 of 4) Equal Rights Amendment (ERA) – Introduced in Congress every year between 1924 and 1972 – Three states short of ratification when reframed by Phyllis Schlafly: women want to be a wife, mother, and homemaker – Stopped ERA © 2023 Oxford University Pres  Women’s Rights (4 of 4) The Courts – Women targeted the courts, challenged discriminatory state laws, case by case – Gender was a non-suspect category, upheld as long as it had some rational connection to legitimate state purpose – 1976: Court lifted gender into category of heightened scrutiny – Recent court decisions have made it more difficult to sue for discrimination Progress for women—but how much? – More women on Supreme Court, CEOs, getting degrees – #MeToo movement © 2023 Oxford University Pres  Immigrants Help Build America (1 of 6) Latinos—a rising force in American politics – Barriers to civil rights Long history of discrimination in U.S. Enormous success, but challenges of disproportionate incarceration, poverty, and under-representation persist © 2023 Oxford University Pres  Immigrants Help Build America (2 of 6) Challenging Discrimination – League of United Latin American Citizens (LULAC) established in 1929 Fought segregation through lawsuits Latino school segregation struck down in 1947 – 1960s: turned to activism Fight more aggressively against discrimination Challenged immigration policies Chicanismo: defiant movement expressing pride in Latino origins and culture in the face of discrimination United Farm Workers organized migrant workers, another symbol of Latino mobilization © 2023 Oxford University Pres  Immigrants Help Build America (3 of 6) The politics of immigration – Door to foreigners has swung from wide open to shut tight – Ancient fears Immigrants trigger fears that are repeated for every new group President Trump made limits on immigration one of his signature issues – Three categories of immigrants 1. Born in United States or have become American citizens 2. Resident aliens 3. Not legally authorized to be residents © 2023 Oxford University Pres States’ higher education rules for undocumented students. © 2023 Oxford University Pres  Immigrants Help Build America (4 of 6) Undocumented individuals – People not legally authorized to be in the United States – Debate especially intense – Racial profiling: law enforcement practice of singling out people on the basis of physical features such as race or ethnicity Language controversy Political mobilization © 2023 Oxford University Pres Hispanics in the US. Some two-thirds of Latinos in the United States were born here; others are resident aliens or undocumented. © 2023 Oxford University Pres  Immigrants Help Build America (5 of 6) Asian Americans—the fastest growing American population – Third largest minority in the United States – Span a wide range of histories, cultures, and experiences – Highest education and median personal income © 2023 Oxford University Pres  Immigrants Help Build America (6 of 6) Facing Discrimination – Chinese Exclusion Act of 1882 barred Chinese immigrants – California Alien Land Law of 1913 forbade Asian immigrants from owning land – After Japanese attack on Pearl Harbor in 1941, Japanese Americans placed in internment camps – Schools segregated – “Model minority” stereotype – Recent spike in hate crimes © 2023 Oxford University Pres Countries of origin. The national identities of about twenty two million U.S. residents whose heritage is Asian. © 2023 Oxford University Pres  Native Americans (1 of 3) The lost way of life – Dark side of American expansion was “Indian removal” – Dawes Act of 1887 Divided lands into individual parcels Destroyed traditional ownership customs and encourage farming Boarding schools for children © 2023 Oxford University Pres  Native Americans (2 of 3) Native Americans and the federal government – Supreme Court ruled in 1831, Indian tribes were “domestic dependent nations” Without the rights of an independent nation Not considered citizens, not protected by the Constitution Indian Citizenship Act of 1924: reservations subject to federal but not state governments Bureau of Indian Affairs responsible for Native American issues © 2023 Oxford University Pres  Native Americans (3 of 3) The struggle for Native American civil rights – Poverty rates almost double the national rates – Two camps Ethnic minority: argues Native Americans should engage American democracy and mobilize for rights and equality Tribal movement: withdraw from American politics and society, revitalize Native American culture and traditions Native Americans and the courts – Modern cases: payment for federally-seized Sioux land (unclaimed), fishing grounds, restoration of tribal lands – Sovereign nations, exempt from state gambling laws © 2023 Oxford University Pres Groups Without Traditional Court Protections 4) (1 of People with disabilities – Before 1970, many people with disabilities lived outside mainstream society – Section 504: no handicapped person denied access to any program that received federal funds – Americans with Disabilities Act of 1990 forbade companies form discriminating against handicapped people, required that they make reasonable accommodations © 2023 Oxford University Pres Groups Without Traditional Court Protections 4) (2 of Sexual orientation and gender identity – Movement for LGBTQ+ rights began with a riot in 1969 when police raided a gay bar in NYC – Increasing mobilization and action to fight devastating effects of AIDS © 2023 Oxford University Pres Groups Without Traditional Court Protections 4) (3 of Same-sex civil rights – 1993: “Don’t ask, don’t tell” implemented, overturned in 2010 – 2000: Vermont recognized civil unions – Massachusetts first state to permit same-sex marriage – 2015: Supreme Court enshrined same sex marriage as a national civil right – 2020: Supreme Court ruling that the prohibition on discrimination on the basis of sex requires equal treatment of LGBTQ+ people © 2023 Oxford University Pres Groups Without Traditional Court Protections 4) (4 of Conflicts Continue – Many limits on rights remain, and ongoing bias in employment, housing, education, and public accommodations – Bathroom bills – Sports have become a particular flashpoint © 2023 Oxford University Pres  The Fight for Civil Rights Goes On Economic and Social Rights Today – Health: life expectancy getting closer – Income: Black poverty rate remained roughly three times white poverty rate – Incarceration: Black men are five times as likely to be in jail as white men New Jim Crow: idea that mass incarceration of Black Americans has effects comparable to legal segregation © 2023 Oxford University Pres Blacks and Hispanics make up larger shares of prisoners than of the U.S. population. (Pew Research Center) © 2023 Oxford University Pres