Transforming Civil Rights and Civil Liberties

Political – Monitories were not represented well in congress and the equality for the law was not in favor for these groups.

Economic –Inability to acquire equal employment due to unequal educational opportunities.

Social – Segregation and restrictions in all social environments.

Leading to the Movement – class activity notes:

A. Plessy vs. Ferguson:

  1. What was it?
  • 1892 1/8th black man on an only white train car in Louisiana….was arrested for not being in the colored car; Supreme Court ruled in 1896 that it was OK to have separate facilities for different races, as long as the facilities were equal (Separate but Equal clause)
  1. How did it motivate the fight for rights?
  • Plessy was segregated and was being treated unfairly. He fought for his equal rights; the court decision allowed the races to be legally separated, but the facilities were rarely equal
  1. Which type of equality (political, economic, social) applies to the event? Explain.
  • Social and political equality - Made it to the supreme court-court system ruled against him – stated that separating the races was legal
  1. Great Migration:
  1. What was it?
  2. During early 20th century, Southern blacks were moving to northern cities due to discrimination, for employment, and to escape the segregation laws. Found out the north also favored discrimination. Lead to an increased fight for rights
  3. How did it motivate the fight for rights?
  • Many northerners started to experience racism for the 1st time; blacks couldn’t escape segregation by moving north, so many were motivated to fight against it
  1. Which type of equality (political, economic, social) applies to the event? Explain
  • Economic – still no jobs for blacks; social – segregation occurred in north as well
  1. Lynching / Emmett Till Case
  1. What was it?
  2. Beating and or hanging blacks to intimidation other blacks from gaining strength
  3. How did it motivate the fight for rights?
  • Emmett Till was accused of flirting w/white woman. He was lynched for this behavior. Public made the decision not the court system. Photos were taken for public to see, angering many blacks as well as whites
  • Which type of equality (political, economic, social) applies to the event? Explain

Social – blacks are unable to interact with whites without consequences

  1. White Fight
  1. What was it?
  2. Whites leaving urban areas for the suburbs and taking wealth/tax $ with them
  3. How did it motivate the fight for rights?
  • Urban areas were left without money for services (police, schools, sanitation, etc.) – blacks are left to struggle in these areas
  1. Which type of equality (political, economic, social) applies to the event? Explain
  • Economic – lack of opportunity in urban areas
  • Social – form of segregation – whites in suburbs, blacks in inner cities
  1. Bracero Programs
  1. What was it?
  2. Mexican workers brought in to the U.S. to work on the farms during wartime. But not wanting them to stay and become citizens.
  3. How did it motivate the fight for rights?
  • Many wanted to stay and become citizens
  1. Which type of equality (political, economic, social) applies to the event? Explain
  • Economic – only brought in to work
  • Political – citizenship issue
  1. Zoot Suit Riots
  1. What was it?
  2. Mexican American youth wore a zoot suits and were easily picked out and blamed for riots during WWII era
  3. How did it motivate the fight for rights?
  • Wanted respect and not treated in a violent manner
  1. Which type of equality (political, economic, social) applies to the event? Explain
  • Social – many were targeted based on their appearance/stereotypes
  1. Longoria Incident
  1. What was it?
  2. Felix Longoria - Honored soldier killed in WWII battle. The undertaker refused to hold a funeral due to the man’s race (Mexican-American)
  3. How did it motivate the fight for rights?
  • Wanted an increased level of respect & ability to use public facilities equally
  1. Which type of equality (political, economic, social) applies to the event? Explain
  • Social – wanting same respect as whites
  1. Termination Policy
  1. What was it?
  2. Native America – Government wanted end the tribal culture and teach “white” trades to young Native Americans
  3. How did it motivate the fight for rights?
  4. Tribes didn’t want to be broken up; government often didn’t follow through w/$ and training
  5. Which type of equality (political, economic, social) applies to the event? Explain
  6. Social – forced into integration by abandoning their culture and moving out of their community
  1. Suburbanization / 1950’s households
  1. What was it?
  2. Growing communities that are outside a city due to white fight – housewife role became the expected standard for many women
  3. How did it motivate the fight for rights?
  4. Many women were dissatisfied due to their dependant role and lack of choice

3. Which type of equality (political, economic, social) applies to the event? Explain

  • Social – women were expected to do certain duties and enjoy it
  • Economic – women not encouraged to go to work/school
  1. WWII employment for women / “Rosie the Riveter”
  1. What was it?
  2. Women working during the war – were expected to give up jobs at war’s end
  3. How did it motivate the fight for rights?
  • They didn’t want to give up their jobs. Many women enjoyed independence and worth brought on by working

3. Which type of equality (political, economic, social) applies to the event? Explain

  • Social – women expected to fill only certain roles
  • Economic – women discouraged from working

1. Martin Luther King, Jr.(SCLC) – whites are good people, but need to be shown what is wrong; believed in using “Soul Force” (civil disobedience/non-violent protest) to overcome segregation

2. Malcolm X – violence should be used to fight for civil rights if necessary; he later decided that it would be better to use the right to vote and other political activity to gain civil rights (“ballots, not bullets”)

3. Thurgood Marshall(NAACP) – used the court system to argue that segregation violated the Constitution and laws should be changed

4. Elijah Muhammad (Nation of Islam) – blacks are superior to whites and should form a separate society rather than try to fight for civil rights under the current system

5. Stokely Carmichael(SNCC) – took part in sit-ins and rallies; after several arrests for participating in non-violent protests, Carmichael coined the term “black power” and pushed for more militant methods

6. James Farmer & George Houser(CORE) – came up with the technique of sit-ins at segregated facilities; organized “freedom rides” to gain integration of travel facilities

7. Huey Newton & Bobby Seale(Black Panther Party) – blacks should strive to take care of themselves and their neighborhoods, since whites haven’t helped; used violence to defend against white police brutality

8. Cesar Chavez & Dolores Huerta(UFW) – promoted strikes/boycotts to achieve better conditions for migrant farm workers

9. Jose Angel Gutierrez(La Raza Unida) – promoted voter registration and political involvement for Latinos; supported Latino candidates running for political office

10. Betty Friedan(NOW) – wrote The Feminine Mystique; called upon women to ask “Is this all?”; wanted career/educational/child-care opportunities for women

11. Gloria Steinem & Shirley Chisholm(NWPC) – supported female candidates running for public office; sought “reproductive freedom” and passage of an Equal Rights Amendment

12. Russell Means(AIM) – wanted government to recognize broken promises made to Native Americans; AIM violently seized government buildings to gain attention for their cause

Results of the Movement:

Two types of Segregation:

  • De jure Segregation – by law
  • De facto Segregation - by attitude or practice
  1. Civil Rights Act of 1964:
  2. What is it?
  3. Wanted to end discrimination in the work place.
  4. Called for federal power to ensure voting rights and desegregate schools
  5. set up the Equal Employment Opportunity Commission (EEOC)
  1. How should that help the level of equality?
  • Economic – Have equal access to jobs
  • Social – Banned segregation in public places
  • Political – Allows people to vote
  1. Civil Rights Act of 1968
  2. What is it?
  • Worked to get rid of discrimination for housing
  • Strengthened Anti-Lynching laws
  • made it a crime to harm civil rights workers
  1. How should that help the level of equality?
  • Social – helps end segregated neighborhoods (de facto)
  • Political - civil rights workers can be safe when registering voters in the south
  1. Voting Rights of 1965
  2. What is it?
  • Eliminated Literacy Tests – had to show one could read/write in order to vote – form of discrimination (minorities had fewer educational opportunities) – kept many blacks form voting
  • How should that help the level of equality?
  • Political – minorities will be more active in the voting process
  1. 24th Amendment
  2. What is it?
  • Banned the Poll tax – blacks were so poor they couldn’t afford the tax to vote – kept blacks from voting
  • How should that help the level of equality?
  • Political – poor African Americans not kept from voting
  1. Equal Employment Opportunity Poster
  2. What is it?
  • Government agency created to protect people from discrimination in the work place based on gender, race, disability, etc.
  • How should that help the level of equality?
  • Economic – more job opportunities, promotions, etc.
  1. Title IX
  2. What is it?
  • Gender - Cannot be denied in any aspect of education if qualified as long as the program receives federal fund.
  • How should that help the level of equality?
  • Social – extra-curricular activities for women given more funding
  1. Hernandez vs. Texas
  2. What is it?
  • Mexican American convicted by an all-white jury claimed that Constitutional rights were denied (lower court said that Mexicans were considered part of “white” race, so rights weren’t denied) – Supremc Court ruled that Mexican Americans are their own class and are protected by the 14th Amendment
  • How should that help the level of equality?
  • Political – races seen as equal before the law
  1. Indian self-determination and Education Act
  2. What is it?
  • Deciding for yourself - government had made all the decisions for the Indian Culture, but this act says that tribes can determine where government funding is used – tribes don’t have to wait for the federal government to make the decision for them
  • How should that help the level of equality?
  • Political – having control over government funding gives Native American tribes a say in their own affairs; tribes can govern themselves

-Civil Liberties Court Decisions-

  1. Gideon v. Wainwright (1963) –

"lawyers in criminal courts are necessities, not luxuries” – government must provide a lawyer for those who can’t afford one

  1. Miranda v. Arizona (1966) –

Outlined warnings of rights for police to read before someone is questioned.

This protest the rights of those accused of crimes.

  1. Boumediene et al. v. Bush (2008) –

Detainees not barred from habeas merely because they have been labeled as enemy combatants and are held at Guantanamo

Constitutional rights extend to prisoners held at Guantanamo

  1. Abington School District v. Schempp (1963) –

Court ruled that the policy was intended by the state to be a religious ceremony

Written permission to be excused did not stop this establishment of religion

Major move in ending organized prayer in school & establishing separation of church and state

  1. Lemon v. Kurtzman (1971) –

Funding parochial schools furthers religion

Further defined separation of church & state (government cannot promote any religion)

  1. Elk Grove Unified School District v. Newdow (2004) –

Since Newdow was divorced and did not have custody of daughter, he did not have standing in Court.

Due to this, the Court did not rule on the constitutional question.

3 justices (not majority) wrote opinions stating that teachers leading the current pledge is constitutional

  1. Brown v. Board of Education of Topeka, Kansas (1954) –

Segregated schools foster inequality & inferiority (deprives equal protection)

Separate but equal is inherently (by nature) unequal

  1. Swann v. Charlotte-Mecklenburg Board of Education (1971) –

Courts have broad & flexible power to remedy problems when decisions are not followed (schools were obligated to integrate, but they didn’t seem to be complying)

When schools are exclusively black, there must be strict scrutiny by the Courts

Allowed Court enforcement of desegregation – schools could “bus” students in order to integrate schools

  1. Gratz v. Bollinger & Grutter v. Bollinger (2003) –

Cases questioned the school’s affirmative action program (efforts made to make up for past discrimination by accepting a pre-determined number of minorities)

School automatically gave points to minority to gain acceptance with no individual consideration

The practice was not accepted in undergrad programs (Gratz)

Race conscious admission to law school along with highly individualized process was acceptable to promote diversity (Grutter)

Evidence shows more need for diversity in upper programs unlike undergrad (Where is affirmative action needed?)