Chapter 6 Outline Civil Rights

Government 2305

(Spring 2011)

Chapter 6 Outline – “Civil Rights”

I.Equality and Civil Rights

The election of ______was milestone of racial evolution of ______ in the United States.
(Def) ______

______.

______treatment toward different groups has led to angry and bloody ______over ______.
Most civil rights laws and court actions started in the area of ______

______relations and set the precedents for other groups to follow…

A.The Constitution did not prohibit slavery.

The Constitution’s framers sidestepped the question of ______, not even including the ______in the document.
However, the reference can be found in three places:
–
–
–

As a result, slavery was not only ______l it was ______l.
As you remember from history class, there were 70 years of flare-ups, which followed.

B.Dred Scott decision rejects black citizenship.

Dred Scott, a ______took his case all the way to the Supreme Court, but he had to demonstrate that he was a ______.
Chief Justice ______ruled that he could not bring his case to court because he was not a ______.
Dred Scott v. Sandford (1857)(def) ______

______.

The ______of the decision concluded that slaves were not citizens, but ______.

C.The Civil War amendments bring civil rights into the Constitution.

Because of the rights of slave owners to their property the ______

______was also found unconstitutional because it deprived the owners of their property without ______.

This decision and other events, you have studied, led to ______.
During the Reconstruction Period (1865-1877) The ______Amendments, (____, _____, & _____ Amendments) were added to the Constitution.
Each amendment gave Congress the right to “______”, preventing the Court from finding their actions “______.”
The 14th Amendment is especially important. It established that anyone born or naturalized in the US was a citizen of both ______

______; It also says that no state shall “deny to any person in its jurisdiction the “______.”

Equal Protection Clause (def) ______

______

D.Congress passes civil rights legislation to bring blacks into American life.

Besides the “Civil War Amendments,” Congress also passed…
______
______
______
Laws were passed protecting black voters, access to ______, ______, and ______under the law
______military districts were established in the South to enforce these ______laws.
These laws often passed over Pres. ______’s veto, and were unpopular in the South, were the ______and other secret groups terrorized blacks.

E.“Equal protection of the laws” does not prohibit private discrimination.

In (1877), state legislatures passed laws that restricted the ______of blacks in the South.
In ______ (1880) the Court used state action. To strike down such laws. (Def) ______

______

In Civil Rights Cases (1883) the Court ruled that the Civil Rights Act (1875) was ______l, saying that private discrimination was a different matter.
“State Action” concerning the interpretation of the ______became the ______.

F.The Supreme Court declares that segregating the races does not violate

equal protection.

State legislatures began passing “______” laws in the 1880s.
(Def)
The Court rules that such laws were constitutional in ______ (1896).
(Def)Plessy upheld the constitutionality of laws and policies that required segregated facilities for blacks and whites; as long as they followed the “______” doctrine. (Def) ______

______

Remember, segregation, itself, was ______protected by the ______!

II.Equal Protection of the Laws Gains Meaning

Segregation proved to ______, but not ______.
Neatly ____ years would pass before the ______doctrine would end.

A.Presidents bypass Congress to chip away at racial discrimination.

The ______formed in 1909
Success first came under ______’s administration with the Fair Employment Practices Committee
It came thru ______..
(Def) ______

______.

Pres. Truman used an executive order to integrating the ______
His companion order, ____, created the ______

B.Court decisions begin to challenge separate but equal.

More cases were heard by the Court, dealing with ______in ______at the post-graduate level.
The NAACP Legal Defense & Educational Fund (1940) pursued cases
In ______(1950) the court ruled that UT’s ______for blacks was not providing equality.
A similar case (McLaurin v. Okla. State Regents for Higher Education)(1950) accomplished a similar decision in ______.

C.Segregation is declared unconstitutional in Brown v. Board of Education.

Brown v. Board (1954) overturned the “______” doctrine.
The enforcement of the decision was very slow in coming, because of the wording in Brown II (1955), which required only that districts desegregate their schools with “______.”
Resistance of the law was so massive that by 1964, only ___% of southern public schools were ______!
When the fed. government threatened ______and ______of funds desegregation occurred and by 1970, _____% were integrated.

D.Civil rights activists seek to extend Brown’s reach to cases of ______ segregation.

De jure segregation had been addressed. (Def)

De facto segregation had NOT. (Def)

Court cases would continue to look at ways to ______schools, The debate continues…
(See Table 6-1, p. 192)
Today, public opinion is more interested in ______of education than about ______of the schools…

E.New laws and executive orders expand civil rights protection.

1.Legislation

The Civil Rights Act (1964) was the most important ______legislation of the 20th century.
The Congress used its power of regulation of ______and the power of denied ______to any program or activity that discriminated.
The same powers were used in the successful Civil Rights Act of ______, which prohibited discrimination in ______& ______.
The Voting Rights Act (1965) help to end discrimination in voting by prohibiting ______.
Poll tax was abolished by the _____ Amendment. (Def) ______
Also, “______” directives by the Court in the 1960s, improved black participation and representation.

2.Executive orders

Presidents continued to use executive orders to advance civil rights.
–
–
–
–
-

3.Affirmative action.

(Def)

Affirmative action has been ______with different groups, esp. ______.
In ______ (1978) (def) the court ruled that a rigid quota plan for admissions violated the “______’ guarantee,
Recently, various state voters have struck down the use of state ______policies.

III.The Politics of Civil Rights

A.The Civil rights movement led to civil rights successes for blacks.

After Brown v. Board, the civil rights movement continued in various places including a city ______boycott in ______.
The NAACP supported ______&______in using civil disobedience (def)

MLK used his newly formed______Conference (SCLC) to carry out his strategies, which included…
–
–
–
–
-

B.Changes in the Democratic Party aided the civil rights movement.

The Democratic Parry had become aware of the powerful ______and ______of the Africa American population.
When the ______ of the Democratic Party became unconstitutional (1944), black votes were coveted. (Def)

What kept Southern white Democrats in power so long included

i.-

ii-

iii-

After FDR, every ______Presidential candidate supported ______.
The same presidents, thru ______, used ______orders and other presidential powers to advance civil rights.
As the black population moved ______, southern Democrats lost elections & their seats in ______, as well.
These factors and others made it possible for ______& ______acts to pass thru Congress in the 1960s.

C.Obstacles slowed the momentum of the civil rights movement.

Collapse of unity in the civil rights movement.

Some members in the civil rights movement wanted ______response to be used because of the violence they encountered. These include:
–
–
–
–

These groups were in disagreement with the NAACP, the Urban League, and SCLC. causing the civil rights movement to ______.
There was no longer the ______over strategy.

2,Challenging issues in the late 1960s

Activists demanded such things as
–
–

These things and others led to a “______.”

3.Consolidation of the black political pressure in one party.

Once the Democratic Party became the ______of civil rights, black voter support for the party surged. In presidential elections, ______usually voted for the Democrat.
But the Democratic Party tended to take the African American vote ______.
(Read page 206…)

D,Debate continues over how to enhance minority electoral power.

The Court in the 1980s challenged majority-minority districts (Def)
The Court felt that race ______, should not be the main reason for drawing district lines.
It is______if such districts actually do ______the political influence of the minorities.
In the last Presidential election, Obama won with ___% of the African American vote, but also ____% of all the white voters, which accounted for _____% of HIS total vote!

IV.Extension of Equal Protection to Other Groups

The government classifies people into ______and use these classification to make decisions
Such programs, e.g. who gets the federal loan. Most people ______,
Most Americans DO consider different treatment based on ______, ______, or other factors more offensive.
The federal government including the Supreme Court use “______” (race and ethnicity), “quasi-suspect categories” (sex discrimination) which include…
“Strict scrutiny” (def

“Substantial scrutiny” (def)

“Rational basis standard” (def)

Rational basis standard is an easier test for government officials to meet.

SO, the courts demand the ______justification from govt. officials for classifying by race/ethnicity, then gender, and then, everything else.
Since the 1960s, the government has used these three tools of the black civil rights era to cases of religion, national origin, sex, disability, age, and sexual orientation. The tools are…
–
–
-

A.Latinos, Asians, and Native Americans have experienced unique histories of discrimination.

1.Native Americans

Their court victories include…

ii.

iii.

The Civil Rights Act (1968)(included an Indian Bill of Rights)
However, they still suffer from

ii.

iii.

iv.

2.Hispanic Americans

Hispanics make up almost ____% of the US population.
Their drive for ______began in the mid-1960s
Hispanic activists formed the ______(MALDEF), to fund test cases, not unlike the NAACP.
Successes included…

ii.

iii.

iv.

Hispanic leaders like ______used many tactics that were also used by the African Americans in the 1960s, including…

ii.

iii.

iv.

They like the other groups benefited from the ______(1968).

3.Asian Americans

They experienced much discrimination during the 20th century including the ______ (1944) (def) Court’s decision that upheld the constitutionality of the US government’s internment of more than 100,000 Japanese Americans during WW II.
Asian Americans are the ______minority group in the US, growing from _____% to _____% in the past 50 years.
They have gained prominent ______in society, thru much ______success based solely on merit.
However, they may still are subject to ______, but have excelled in the ______&______.

4.They have not experienced high levels of ______

______or ______achievement.

B.Pervasive sex discrimination in law has eroded.

There are two, distinct phases to the women’s equality movement:

i.The early phase that ended with the ______, the right to vote.

ii.The second phase that began in the ______.

The women’s movement used similar methods used during the ______movement.

The key organization involved in these efforts was the ______(NOW).

1.Supreme Court rulings

After 1970, the Court overturned many gender-based state laws.
–
–
–
–

The Court ruled in 1986 that the Civil Rights Act of 1964 protected women from not only ______in hiring and firing but ______on the job.
This includes ______..
The Courts allowed discrimination against women in such things as

But requirements that might be included for employment are studied closely for ______..

2.Actions by Congress and President

Congressional laws affecting women include:
–
–
–
–
–
–
-

3.Equal Rights Amendment

The women’s movement may have ______down because the perception that it was for ______, ______women rather than other women, who benefited.
Second, with so many successes it may have lost ______.
Third, the ______(1973) and the backlash from the decision.
The failure of the ______was also a part of the slow-down:

It passed both houses of Congress in 1972, with the support of______.
It went to the various ______for approval.
______states were need for ratification and the amendment failed to pass by ______states.
Three factors prevented its passage:

C.Age and disability discrimination are subject to standards of review different from race and sex.

1. Senior citizens (over 65) also face discrimination

The ______(ADEA) (1967) protects workers over the age of ___, unless the employer can prove that age IS a bona fide occupational ______.
In 1978 the mandatory retirement age was raised from ____to ___; in 1986 mandatory age was ______, almost entirely.
In dealing with these cases the Court used the “______”
Recently the Court ruled that Federal workers have the same rights as workers in the private sector.

2. Disabled Americans

The ______) added people with disabilities to the list of Americans who were to be protected from discrimination.
The ______entitled all children to a free public education appropriate to their needs (before this, __ million students were receiving ____ education or one that did not ______.
Then break through! The ______(ADA) (1990) guarantees access to public facilities, work places, and communication services.

ii.

iii.

iv.

D.Gay and lesbian equality has involved both civil liberties and civil rights.

a.______states and >______cities have laws against discrimination

b.A ______state constitutional amendment against such laws was struck down by the Supreme Court (1996).

c.A national law has been passed ______against hiring homosexual workers.

d.The “______” compromise is still in effect in the US military, but has not worked well, and is on the way out.

e.States with anti-sodomy laws have been reduced from ____ to ____.

f.______ (2003) ruled that sex between consenting adults is constitutional in the privacy of their homes

g.But, the ______can refuse to allow a homosexual to serve as a ______.

3. Same Sex marriages has become THE controversial issue regarding

homosexual rights.

a.States worried about the “______” clause of the Constitution, concerning such out-of-state marriages.

b.Such marriages were made legal in ______(1999) where ______ were allowed (def) legal recognition by a state of a homosexual relationship; allows couples to receive the same state benefits as heterosexual married couples.

c.In 2008, ______’s Supreme Court joined ______in allowing ______marriages…

E.Who bears the burden of proof in discrimination cases is controversial.

In 1989 the Supreme Court ruled that the ______rests with the person who ______.
In the Civil Rights Act ______, Congress stated that the burden of proof rests on the ______..
In 1993 the Court ruling ______the burden of proof, between the ______& the ______..