PS 101 1st Edition Lecture 27 Outline of Last Lecture I. What Are They?II. Constitutional FoundationsIII. Freedom of ReligionIV. Freedom of ExpressionV. Freedom of the PressVI. Less Protected ExpressionVII. Rights of the AccusedVIII. Modern Cases on Procedure IX. Right to PrivacyX. Enduring DilemmasOutline of Current LectureI. FoundationsII. Public Opinion on Civil RightsIII. Pre-Civil War ContextIV. What Happens Next?V. Early Challenges to SegregationVI. The Civil Rights MovementVII. Racial Equality TodayVIII. Civil Rights and Racial/Ethnic GroupsIX. Important LegislationX. Continuing and Future Civil Rights IssuesXI. Conclusions Current Lecture: Civil RightsI. FoundationsA. Civil rights guarantee freedom from discriminationB. Based in the equal protection clause of the 14th AmendmentC. Specifics laid out in laws passed by Congress (e.g., the 1964 Civil Rights Act)II. Public Opinion on Civil RightsA. Americans are highly supportive of principle of equality and equal treatment for allB. Equality of opportunity1. Giving all individuals equal opportunity to get ahead 2. Examples of policies?These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. Forbidding rules against admitting certain types of indi-viduals into higher educationC. Equality of outcome1. Insuring everyone has uniform social, economic, and political power 2. Typically requires redistributiona. For example, universal health care, quotas in hiringIII. Pre-Civil War ContextA. Slavery existed on American soil well before the founding of the countryB. Election of Lincoln in 1860 led to the secession of the South and the Civil WarC. War runs from 1861-1865D. Reconstruction1. Reconstruction (1866–1877) gave African-Americans new po-litical power in the South2. BUT, after the government troops led the South, blacks were nearly universally disenfranchised 3. The “Reconstruction Amendments”a. 13th Amendment (1865) i. Abolished slaveryb. 14th Amendment (1868)i. Declared freed slaves to be citizensii. Due process clause said that all people should getequal protection under the law c. 15th Amendment (1870)i. Said right to vote could not be denied on account of "race, color, or previous condition of servitude”IV. What Happens Next?A. Congress passes laws to protect rights of black citizens B. Legislatures in many states respond with their own discriminatory mechanisms1. Poll taxes, education requirements, etc.C. Congress passes Civil Rights Act of 1875 1. National protection apply to the statesD. Supreme Court strikes down Civil Rights Act of 18751. National government can’t expert control over state govern-ments about thisE. “Separate But Equal”1. Idea that providing separate but equivalent facilities for African Americans satisfied the 14th Amendment2. "Jim Crow" laws come into being that segregate housing, schools, all other public facilities3. In Plessy v. Ferguson (1896), SC upholds separate but equaldoctrineV. Early Challenges to SegregationA. In 1948, Truman desegregates the Armed ForcesB. The NAACP Legal Defense Fund starts taking cases1. Choose to focus efforts on public education2. Early cases—force states to take separate but equal seriously 3. By 1950, switch strategy to taking on separate but equal as a violation of the 14th amendment4. Begin search for test casesC. Brown v. Board of Education1. Brought on behalf of Linda Brown, an African American girl attending a segregated school in Topeka, KS2. NAACP brings a case against the school district, but the US District Court rules in favor of the district3. Says that "no willful, intentional or substantial discrimination“occurred and that the facilities at white and black schools were comparableD. Next Steps1. An appeal was launched that combined cases from four sepa-rate states— KS, DE, SC, and VA2. 4 cases argued on appeal at the SC in 1952--argument was that segregation deprived students of equal protection3. SC requests reargument of the case in 1953, but in the mean-time, the Chief Justice dies and a new one (Warren) takes over4. In May, 1954, unanimous court decision that segregation of public schools was unconstitutionalE. Post-Brown1. In 1955, a second decision was made on how the problem should be fixed 2. Declared that desegregation should take place "with all delib-erate speed” 3. Possible strategies included busing, racial quotas, and pairingof noncontiguous school zones4. Some districts/states complied and some challenged the rul-ingsVI. The Civil Rights MovementA. In early years, under leadership of MLK Jr., use campaigns of civil disobedience to protest discriminatory lawsB. Civil Rights Act of 19641. Most comprehensive legislation to date designed to eliminate racial discrimination in all areas2. Upheld by the Supreme Court, which affirmed Congress’s power to regulate discrimination in all areasTimeline of Civil Rights Movement:C. Other Legislation1. The 24th Amendment (outlawing poll taxes)2. The Voting Rights Act of 19653. The Economic Opportunity Act of 1964 and the Fair Housing Act of 1968VII. Racial Equality TodayA. Substantial improvements in closing gaps, but general conditions for racial minorities are not as good as they are for whitesB. Politically: Voter turnout is lower among most racial minority groups1. Reducing polling areas2. Redistricting3. Withholding information about voting proceduresC. Three times many black (and Latino) families as white families are below the poverty lineD. The black male unemployment rate is twice as high as the white adult male unemployment rateE. Criminal justice system racial profilingF. Hate crime victimsPercentage of Population that is White, 2008:VIII. Civil Rights and Racial/Ethnic GroupsA. Latinos, Native Americans, and other groups have also faced impor-tant civil rights struggles (see Bianco and Canon)B. In 1987, SC ruled that civil rights legislation offers broad protec-tion against discrimination to all minoritiesC. Means that members of any ethnic group can recover monetary damages if they can prove they have been the victim of a form of dis-crimination prohibited by lawD. People with Disabilities1. Americans with Disabilities Act of 1990 extended the protec-tions embodied in the Civil Rights Act of 1964 to those with physical or mental disabilities2. In that statute, “disability” is defined vaguely, so there have been many cases