Today

1
Todays Agenda

• Whats so hard about Civil Rights?
• Where do they come from?
• The state and federal fight over civil rights
• a) The Civil War and its aftermath
• Post-Civil War, the fight continues
• a) Jim Crow laws

2
The bus boycott 1955
3
Selma March 1965

• http//www.youtube.com/watch?vALyk8xOc5ZU

4
LBJs speech after the Selma march

• There is no constitutional issue here. The
  command of the Constitution is plain. There is no
  moral issue. It is wrong -- deadly wrong -- to
  deny any of your fellow Americans the right to
  vote in this country. There is no issue of
  States' rights or national rights. There is only
  the struggle for human rights.

5
What are Civil Rights?

• If government is a loaded gun in a playground
  full of kids
• Civil rights are the safety mechanism

6
Japanese Internment
http//www.youtube.com/watch?vSOGSnx2k7b8
7
What are Civil Rights?

• If government is a loaded gun in a playground
  full of kids
• Civil rights are the safety mechanism
• Guarantees against someone using government to
  abuse you
• To gain economic or political advantages over you
• Things Government must provide

8
Everybody on the Same Page?

• Do people get their rights simply because they
  are in the Constitution?
• Are states beholden to these rights?

9
Dred Scott Case 1857

• Dred Scott, a slave, travels through the North
  and claims that he cannot be returned to
  servitude because he has the right to be free.
• The government cannot take away his freedom
• Southern states claim that he is property and
  must be returned
• Also, the feds cannot tell the states what to do
  about slavery

10
Dred Scott Case 1857

• Were slaves citizens or property?
• North should be accorded the same rights as
  whites
• South the Feds cannot deny my right to property
• Only the second time the Supreme Court overrules
  an Act of Congress

11
Civil War Amendments

• 13th - slavery is abolished formally

12
Civil War Amendments

• 13th - slavery is abolished formally
• 14th - all persons born or naturalized in the
  United States...are citizens of the United States
  and of the State wherein they reside.

13
Civil War Amendments

• 13th - slavery is abolished formally
• 14th - all persons born or naturalized in the
  United States...are citizens of the United States
  and of the State wherein they reside.
• No State shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the United States nor shall any
  State deprive any person of life, liberty, or
  property, without due process of law nor deny to
  any person within its jurisdiction the equal
  protection of the laws.

14
Civil War Amendments

• 13th - slavery is abolished formally
• 14th - all persons born or naturalized in the
  United States...are citizens of the United States
  and of the State wherein they reside.
• No State shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the United States nor shall any
  State deprive any person of life, liberty, or
  property, without due process of law nor deny to
  any person within its jurisdiction the equal
  protection of the laws.
• 15th - right to vote is guaranteed in all states,
  regardless of race, color, or previous servitude

15
Jim Crow Laws

• Grandfather Clauses
• Poll Taxes
• White Primary
• Literacy Tests

16
Literacy Tests

• What body can try impeachments of the President
  of the United States?

17
Literacy Tests

• What body can try impeachments of the President
  of the United States?
• At what time of day on Jan. 20 does the
  Presidents term end?

18
Literacy Tests

• What body can try impeachments of the President
  of the United States?
• At what time of day on Jan. 20 does the
  Presidents term end?
• Can you imprisoned for debt?

19
Literacy Tests

• What body can try impeachments of the President
  of the United States?
• At what time of day on Jan. 20 does the
  Presidents term end?
• Can you imprisoned for debt?
• In what year did Congress gain the right to
  prohibit the migration of persons to the United
  States?

20
Literacy Tests

• What body can try impeachments of the President
  of the United States?
• At what time of day on Jan. 20 does the
  Presidents term end?
• Can you imprisoned for debt?
• In what year did Congress gain the right to
  prohibit the migration of persons to the United
  States?
• If a person accused of treason denies his guilt,
  how many people must testify against him before
  he can be convicted?

21
Jim Crow Laws

• Grandfather Clauses
• Poll Taxes
• White Primary
• Literacy Tests

22
Apartheid

• Plessy vs. Ferguson (1896)
• Separate but Equal
• Residential segregation
• Segregation in schools
• Economic segregation

23
Domestic Terrorism

• Lynching
• Burning
• KKK

24
A Night Rider (1908)
25
American Lynching

• A documentary film by Gode Davis and James M.
  Fortier
• http//www.americanlynching.com/

26
Thomas Shipp and Abram Smith (1930)
27
What are factions?

• a number of citizens (either a majority or
  minority number) who are united and actuated by
  some common impulse of passion, or of interest,
  adversed to the rights of other citizens
• James Madison, Federalist 10

28
Review Question 2

• True or False?
• In the United States, elections only take place
  on even-numbered years.

29
Review Question 3

• The framers feared majority rule because they
  thought it could have which of the following
  negative effects?
• It would hamper swift decision making
• It could undermine freedom and threaten
  individual rights
• Decision-making in a large society would be
  extremely difficult
• All of the above
• None of the above

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Remember This!

• The framers made it VERY hard to let the federal
  government do its job (on purpose), because they
  distrusted its power.  
• Rights and liberties are part of that distrust of
  power.
• They literally had to spell them out.  

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Remember This!

• The framers made it VERY hard to let the federal
  government do its job (on purpose), because they
  distrusted its power.  
• Rights and liberties are part of that distrust of
  power.
• The framers literally had to spell them out.  
• You need to understand that personal freedom
  often trumps effective government in our
  Constitution (blasphemy!).  

32
Makes it hard to

• Fight wars
• Fight crime
• Build a culture
• Why cant I outlaw Dane Cook and Paris H.?
• Build roads
• not in my backyard!
• Run your government
• the press is killing me!
• Clean or protect the environment
• I have property rights!

33
Jim Crow Era
34
Jim Crow Era
35
Historical Changes

• Black voters originally tied to Republican Party
• Party of abolition and Lincoln
• 1930s (Depression hits, New Deal)
• Roosevelt (FDR) uses federal government goodies
  to distribute to people evenly
• Nearly 20 years of Democratic federal control
• Court appointments
• Black (voters) moving North

36
Historical Changes

• Truman integrates the armed forces
• 1954 Brown v. Board of Education of Topeka
• Reverses Separate but Equal
• Isnt education a state responsibility?
• What trumps this state claim?

37
Can the Courts Enforce?
38
Power of Faction
39
State or Federal Control?
40
Keep these themes in mind

• Use of non-violence as a political tactic
• How is this different than using the courts to
  press for change?
• Federal vs. State sovereignty
• Role of the press and what it does

41
LBJs speech after the Selma march

• There is no constitutional issue here. The
  command of the Constitution is plain. There is no
  moral issue. It is wrong -- deadly wrong -- to
  deny any of your fellow Americans the right to
  vote in this country. There is no issue of
  States' rights or national rights. There is only
  the struggle for human rights.

42
1964 Civil Rights Act

• Discrimination in public accommodations outlawed
• Withhold federal funds from segregated schools
• Barred employment discrimination

43
1965 Voting Rights Act

• Vote examiners sent to southern states to monitor
  vote process
• Literacy tests outlawed
• Bringing a court case against a state or local
  government became easier

44
Effects of 1965 VRA
Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988) Voter Registration Rates (1965 vs. 1988)
  March 1965 March 1965 March 1965 November 1988 November 1988 November 1988
  Black White Difference Black White Difference
Alabama 19.3 69.2 49.9 68.4 75.0 6.6
Georgia 27.4 62.6 35.2 56.8 63.9 7.1
Louisiana 31.6 80.5 48.9 77.1 75.1 -2.0
Mississippi 6.7 69.9 63.2 74.2 80.5 6.3
N. Carolina 46.8 96.8 50.0 58.2 65.6 7.4
S. Carolina 37.3 75.7 38.4 56.7 61.8 5.1
Virginia 38.3 61.1 22.8 63.8 68.5 4.7
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Effects of VRA
Black Political Representation (1970 to 2001) Black Political Representation (1970 to 2001) Black Political Representation (1970 to 2001) Black Political Representation (1970 to 2001) Black Political Representation (1970 to 2001)
 
  1970 1980 1990 2001
Fed./State Representatives 179 365 465 668
City/County 715 2,807 4,481 5,452
Law Enforcement 213 528 769 1,044
Boards of Ed. 362 1,214 1,655 1,937
Total 1,469 4,914 7,370 9,101
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• Discrimination
• Loving
• Shelley (state action)
• Reed So far, the Court had only decided one
  gender discrimination case in favor of the woman.
  This was a case in which divorced parents were
  deciding who would be in charge of the estate
• Frontiero

47

• Gender
• Pre-Reed
• Before women could be prevented from practicing
  law, serving on juries, working as barmaids,
  voting (before the constitutional amendment),
• Supreme Court of Illinios That God designed the
  sexes to occupy different spheres of action, and
  that it belonged to men to make, apply, and
  execute the laws, was regarded as an almost
  axiomatic truth . . .
•  
• Supreme Court during the Lochner era the
  physical well-being of woman becomes an object of
  public interest and care in order to preserve the
  strength and vigor of the race (comparing women
  with children since they are incapable of
  taking care of themselves, they need the help of
  government protection, just like children).
• Barmaid as long as the reason is
  entertainable
•  
• Frontiero woman in the military her husband
  was going to school and dependent on her. Women
  were automatically granted dependence on
  husbands, not husbands on wives, though.

48

• Craig
• Oklahoma had a law that said that if you were a
  woman, you could drink when you are 18, but if
  you were a man, you had to wait until you were
  21. 93 of those arrested for drunk driving were
  male, and arrests had increased 138.
•  
• strict scrutiny test presumption of
  unconstitutionality least restrictive means
  for a compelling state interest this probably
  isnt the least restrictive means
•  
• rational basis reasonable measure for a
  legitimate purpose there is a legitimate
  purpose since men drink and drive more
•  
• OK. For doctrines, such as clear and present
  danger, and the tests five people have to sign
  onto that doctrine. That was the problem here
  only four agreed to strict scrutiny. Otherwise,
  it is just dicta.
•  
• heightened WHAT?
• Important and substantially related.

49

• Craig
• What does Craig teach you about rights, liberties
  and the Supreme Court?
• Jurisprudence?
• Bargaining
• Political

50
Other Civil Rights Issues

• Elderly Rights
• Disabled Rights
• Gay Rights
• Womens Rights
• Parent Rights
• Latino Voting Rights

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Clint Eastwood