AP American GovernmentChapter 19: Wilson

Homework: Assignment 5Quiz due Monday

Civil Rights in American Politics

When can government make distinctions, classify people or treat them differently; in

a sense, when can it discriminate?

Rights accorded to every citizen“Rights to personal liberty established by the 13th and

14th Amendments to the U.S. Constitution and certain Congressional acts, especially as applied to an individual or a minority group.”

The idea that we are all equal, and deserve the same rights no matter who we are or where we liveBased mostly on the “equal protection” clause of the 14th

amendmentAlso due process clause, privileges and immunities clause

of the 14th Laws cannot discriminate, or treat people differently,

unless they are reasonably related to some justifiable government objectiveOtherwise, these laws are considered unconstitutional.

What is the meaning of “civil rights”

Is “equality” mentioned anywhere in the original text of the Constitution?Where/when does the idea that all Americans (or people) are equal

first appear?When does the idea first make it into the Constitution?

What was the purpose of this amendment?14th amendment:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, 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.

Equality and the Constitution

Begins with the passage of the 13th and 14th amendmentsReconstruction does little for African-Americans in

the SouthFor nearly a century afterwards, very little changes

Plessy vs. Ferguson (1896)Rules that even the “equal protection” clause only

means government must provide equal (but can be separate) facilities

The “equality” of these facilities was often questionable

Not until the 1940s/50s do blacks see any change in their circumstances – why?Organized minority opposed granting rights to blacksRacism was still a majority sentimentBlacks could not vote

Thus using the legislature was not the preferred strategy

The Origin of the Civil Rights Movement

Why did civil rights leaders turn to the courts to attempt to gain civil rights?

Beginning in the 1930s, the NAACP begins to fight the "separate but equal" doctrine (Plessy).  Chose to concentrate efforts on segregation in public

education, where they thought the adverse effects of the enforced racial separation could be most easily demonstrated. 

Several court decisions chipped away at the SbE doctrine before Brown abolished it legallyGaines vs. Canada(1938) – black student must be permitted

to attend white law school, but what was the catch?Sweatt vs. Painter (1948) – even a SbE facility (law school)

could not provide equal opportunities (protection) for blacks

The Civil Rights Movement: The Campaign in the Courts: Leading to

Brown

How did the Brown decision reach a different conclusion?

Http://video.google.com/videoplay?docid=2788847772115070323#

Brown vs. Board of Ed: Separate is unequal

After Brown, however, Civil Rights leaders recognized the need to change public opinion, not just to win legal battlesThese were sometimes difficult to enforce, and Congress

was often reluctant to act on Court decisions or change the law

The movement begins using non-violent civil disobedience Attempt to appeal to moderate whites who were nonetheless

disinterested in the plight of blacksWhat changed to enable these laws to be enacted?

Public opinion changes Images of violence against non-violent protestorsAssassination of JFK believed by some to be right-wing anti-

civil rights motivated

The Campaign in Congress: Non-violent Civil Disobedience