Civil Rights

Chapter 6Chapter 6Civil RightsCivil Rights

Copyright © 2011 CengageCopyright © 2011 Cengage

WHO GOVERNS?WHO GOVERNS?1.1. Since Congress enacts our laws, why Since Congress enacts our laws, why

has it not made certain that all groups has it not made certain that all groups have the same rights?have the same rights?

2.2. After the Supreme Court ended racial After the Supreme Court ended racial segregation in the schools, what did segregation in the schools, what did the president and Congress do?the president and Congress do?

TO WHAT ENDS?TO WHAT ENDS?1.1. If the law supports equality of If the law supports equality of

opportunity, why has affirmative opportunity, why has affirmative action become so important?action become so important?

2.2. Under what circumstances can men Under what circumstances can men and women be treated differently?and women be treated differently?

The Black PredicamentThe Black Predicament

Civil Rights: Civil Rights: The rights of people to be The rights of people to be treated without unreasonable or treated without unreasonable or unconstitutional differences.unconstitutional differences.


Segregated water fountains in 1939, p. 126

Russell Lee/ The Granger Collection

The Campaign in the CourtsThe Campaign in the Courts ““Separate but Equal”Separate but Equal” Can Separate Schools be Equal?Can Separate Schools be Equal? Brown v Board of EducationBrown v Board of Education

• ImplementationImplementation• The RationaleThe Rationale• Desegregation versus IntegrationDesegregation versus Integration



The cover of the first issue The cover of the first issue of The Crisis, the magazine of The Crisis, the magazine started by the NAACP in started by the NAACP in 1910 to raise African 1910 to raise African American consciousness American consciousness and publicize racist acts.and publicize racist acts.

By permission of the Widener Library/Harvard College Library

MEMORANDUMMEMORANDUM

To: To: Justice Robert GilbertJustice Robert Gilbert

From: From: Ella Fitzgerald, law clerkElla Fitzgerald, law clerk

Until school segregation ended, southern blacks could attend Until school segregation ended, southern blacks could attend only all-black colleges. Now they are free to apply to only all-black colleges. Now they are free to apply to previously all-white colleges, and these schools are previously all-white colleges, and these schools are integrated. But the traditional black colleges still exist, and integrated. But the traditional black colleges still exist, and very few whites apply to them. In 1992, the Supreme Court very few whites apply to them. In 1992, the Supreme Court held that the state could not solve the problem by requiring held that the state could not solve the problem by requiring a race-neutral admissions policy.* Now the Court must a race-neutral admissions policy.* Now the Court must decide whether a predominantly black college can receive decide whether a predominantly black college can receive state support.state support.

**United States v. FordiceUnited States v. Fordice, 505 U.S. 717 (1992)., 505 U.S. 717 (1992).


WHAT WOULD YOU DO?WHAT WOULD YOU DO?

Arguments for all-black colleges:Arguments for all-black colleges:

1. These schools have a long tradition that ought to be 1. These schools have a long tradition that ought to be preserved.preserved.

2. Many black students will learn better in an all-black 2. Many black students will learn better in an all-black environment.environment.

3. African American organizations, in particular the United 3. African American organizations, in particular the United Negro College Fund, raise money for these schools.Negro College Fund, raise money for these schools.



Arguments against all-black colleges:Arguments against all-black colleges:

1. If the state once required single-race schools, it now has an 1. If the state once required single-race schools, it now has an obligation to dismantle them.obligation to dismantle them.

2. Race is a suspect classification, and no state program that 2. Race is a suspect classification, and no state program that chiefly serves one race can be allowed.chiefly serves one race can be allowed.



Your decision:Your decision:

Allow all-black colleges?Allow all-black colleges?

Ban all-black colleges?Ban all-black colleges?




In 1963, Governor George In 1963, Governor George Wallace of Alabama stood in the Wallace of Alabama stood in the doorway of the University of doorway of the University of Alabama to block the entry of Alabama to block the entry of black students. Facing him is black students. Facing him is U.S. Deputy Attorney General U.S. Deputy Attorney General Nicholas Katzenbach. p. 131Nicholas Katzenbach. p. 131

A black student being A black student being turned away from an all-turned away from an all-white high school under white high school under the orders of Arkansas the orders of Arkansas Governor Orval Faubus in Governor Orval Faubus in 1957. p. 1291957. p. 129

AP Photo/Douglas Martin

Steve Shapiro/Black Star

MEMORANDUMMEMORANDUM

To: To: Justice Robert GilbertJustice Robert Gilbert

From: From: Ella Fitzgerald, law clerkElla Fitzgerald, law clerk

Until school segregation ended, southern blacks could attend Until school segregation ended, southern blacks could attend only all-black colleges. Now they are free to apply to only all-black colleges. Now they are free to apply to previously all-white colleges, and these schools are previously all-white colleges, and these schools are integrated. But the traditional black colleges still exist, and integrated. But the traditional black colleges still exist, and very few whites apply to them. In 1992, the Supreme Court very few whites apply to them. In 1992, the Supreme Court held that the state could not solve the problem by requiring held that the state could not solve the problem by requiring a race-neutral admissions policy.* Now the Court must a race-neutral admissions policy.* Now the Court must decide whether a predominantly black college can receive decide whether a predominantly black college can receive state support.state support.



Arguments for all-black colleges:Arguments for all-black colleges:

1. These schools have a long tradition that ought to be 1. These schools have a long tradition that ought to be preserved.preserved.

2. Many black students will learn better in an all-black 2. Many black students will learn better in an all-black environment.environment.

3. African American organizations, in particular the United 3. African American organizations, in particular the United Negro College Fund, raise money for these schools.Negro College Fund, raise money for these schools.



Arguments against all-black colleges:Arguments against all-black colleges:

1. If the state once required single-race schools, it now has an 1. If the state once required single-race schools, it now has an obligation to dismantle them.obligation to dismantle them.

2. Race is a suspect classification, and no state program that 2. Race is a suspect classification, and no state program that chiefly serves one race can be allowed.chiefly serves one race can be allowed.



Your decision:Your decision:

Allow all-black colleges?Allow all-black colleges?

Ban all-black colleges?Ban all-black colleges?



The Campaign in CongressThe Campaign in Congress

Civil Disobedience Civil Disobedience Racial Profiling Racial Profiling


In 1960, black students from North Carolina Agricultural and Technical College staged the first “sit-in” when they were refused service at a lunch counter in Greensboro (left). Twenty years later, graduates of the college returned to the same lunch counter (right). Though prices had risen, the service had improved. p. 134

Bettman/Corbis Bob Jordan/AP Photo

This picture of a police dog lunging at a This picture of a police dog lunging at a black man during a racial demonstration in black man during a racial demonstration in Birmingham, Alabama, in May 1963 was Birmingham, Alabama, in May 1963 was one of the most influential photographs one of the most influential photographs ever published. It was widely reprinted ever published. It was widely reprinted throughout the world and was frequently throughout the world and was frequently referred to in congressional debates on the referred to in congressional debates on the civil rights bill of 1964. p. 137civil rights bill of 1964. p. 137


President Lyndon Johnson President Lyndon Johnson congratulates Rev. Martin Luther congratulates Rev. Martin Luther King, Jr., after signing the Civil King, Jr., after signing the Civil Rights Act of 1964. p. 137Rights Act of 1964. p. 137

Bill Hudson/AP Photo

Bettman/Corbis

Figure 6.2 Growing Support Among Figure 6.2 Growing Support Among Southern Democrats in Congress for Southern Democrats in Congress for

Civil Rights Bills Civil Rights Bills


Sources: Congressional Quarterly, Congress and the Nation, vols.1, 2, 3, 7, 8.


Sources: Statistical Abstract of the United States, 2003, table 417.

Women and Equal RightsWomen and Equal Rights Supreme Court standardsSupreme Court standards

• ReasonablenessReasonableness• Intermediate scrutinyIntermediate scrutiny• Strict scrutinyStrict scrutiny

Illegal discriminationIllegal discrimination Decisions allowing Decisions allowing

differences based on sexdifferences based on sex Sexual harassmentSexual harassment Privacy and sexPrivacy and sex


An American female soldier guards an area in Baghdad where terrorists had exploded bombs. p. 140

HENGHAMEH FAHIMI/AFP/Getty Images

Affirmative ActionAffirmative Action

Equality of Results Equality of Results – Making certain – Making certain that people achieve the same resultthat people achieve the same result

Reverse discrimination Reverse discrimination – Using race – Using race or sex to give preferential treatment or sex to give preferential treatment to some peopleto some people

Equality of Opportunity Equality of Opportunity – Giving – Giving people an equal chance to succeedpeople an equal chance to succeed


Gays and the ConstitutionGays and the Constitution

Bowers v HardwickBowers v Hardwick Colorado constitutional Colorado constitutional

amendment amendment Lawrence v TexasLawrence v Texas Defense of Marriage Defense of Marriage

ActAct


Proponents and opponents of gay marriage confront one another in front of the Massachusetts Statehouse, p. 150.

BRIAN SNYDER/Reuters/Corbis

Civil Rights

Education

Transcript of Civil Rights