CIVIL

1
CIVIL POLITICAL RIGHTS

• Prof. Patty Wise

2
Civil Political Rights

• Three Basics
• Life unrestricted travel, residence
• Liberty equal protection (courts and laws)
• Property right to contract, to own, use and
  dispose

3
Civil Political Rights

• Constitutional Sources
• 13th (1865)
• Substantive Rights
• Abolished slavery
• 14th (1868)
• Prohibition to the states to deny equal
  protection or due process (not just a grant of
  power)
• 15th (1870)
• Voting Rights

4
Civil Political Rights

• Statutory Sources
• Freedmens Bureau Act
• (Family Reunification)
• Civil Rights Act of 1866 and all subsequent civil
  rights acts
• Civil Rights Act of 1871 source for Section
  1983 (the basic civil rights act that enforces
  the 14th Amendment against state/local
  governments authorizes suits in federal court
  constitutional torts)
• Executive Orders
• (including Affirmative Action)
• Ku Klux Klan Act
• Fair Employment Practices Comm.
• Title VII (from CRA of 1964)
• Voting Rights Act
• Rehabilitation Act of 1973
• Fair Housing Title VIII (from CRA of 1968)
• ADEA (OWBPA)
• Equal Pay Act of 1963
• ADA
• GINA
• ENDA

5
Civil Political Rights

• Presidential Role
• Taft . . . segregation in federal employment
• Wilson . . . segregation in federal employment
• Harding . . . nothing
• Coolidge . . . nothing
• Hoover . . . nothing
• Roosevelt . . . start, but reluctant
• Truman . . . gradually increasing
• Eisenhower . . . gradually increasing (although
  not in favor of Brown)
• Kennedy . . . gradually increasing
• Johnson . . . gradually increasing (probably
  accomplished the most)

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Civil Political Rights

• TIMELINE
• 1865 . . . 13th Amendment prohibits slavery
• Reconstruction Congress
• 1865 . . . Lincoln assassinated
• Freedmens Bureau Act
• 1866
• Civil Rights Act of 1866
• 1868-1870
• 14th and 15th Amendment EP, DP, Voting Rights
• 1869
• Grant elected President

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Civil Political Rights

• 1870
• Civil Rights Act of 1870
• 1871
• Civil Rights Act of 1871
• Ku Klux Klan Act (1871)
• (Blyew case 1872)
• 1875
• Civil Rights Act of 1875

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Civil Political Rights

• End of Reconstruction
• 1877
• Compromise of 1877
• (Civil Rights cases 1883)
• Dormant Period overt racism
• 1941
• President Roosevelt
• Fair Employment Practices Commission

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Civil Political Rights

• 1946
• FEPC expires
• Civil Rights Revolution
• 50s to early 1990s
• 1953
• President Eisenhower
• 1954
• Brown v. Board of Education

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Civil Political Rights

• 1957
• Civil Rights Act of 1957
• 1960
• President Kennedy
• Civil Rights Act of 1960
• President Johnson
• 1964
• Civil Rights Act of 1964 (Title VII)

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Civil Political Rights

• 1965
• Voting Rights Act of 1965
• 1968
• Civil Rights Act of 1968
• 1960s broadened beyond race
• 1970s aka Civil Rights Revolution, Second
  Reconstruction
• Equal Pay Act of 1963
• Rehabilitation Act of 1973

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Civil Political Rights

• ADEA (1975)
• Affirmative Action (EO 11246)
• 1990
• Civil Rights Act of 1990
• 1991
• Civil Rights Act of 1991

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Civil Political Rights

• Who are state actors?
• State
• State employees
• Universities
• State actors acting complicitly with private
  parties
• State law that compels or encourages a private
  person to undertake a course of conduct that is
  unconstitutional

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Civil Political Rights

• Private/public spaces or activities
• Regulated monopolies?
• State charters?