Civil RightsCivil RightsChapter 14Chapter 14

DiscriminationDiscrimination

Bias/Unfairness against any group Bias/Unfairness against any group on the basis of real or preconceived on the basis of real or preconceived differencesdifferences

Heterogeneous SocietyHeterogeneous Society A society made up of people from different A society made up of people from different

backgrounds.backgrounds. The U.S. is a heterogeneous society, The U.S. is a heterogeneous society,

composed of whites, Native Americans, & composed of whites, Native Americans, & other ethnic groups.other ethnic groups.

Population of the U.S. is predominantly Population of the U.S. is predominantly white.white.

In 2000 (% of population): White non-In 2000 (% of population): White non-Hispanic---69.1%, Hispanic---12.5%, African Hispanic---69.1%, Hispanic---12.5%, African American---12.3%, Asian American 3.6%.American---12.3%, Asian American 3.6%.

In 2050 (projected): White non-Hispanic---In 2050 (projected): White non-Hispanic---52.8%, Hispanic 24.3%, African American 52.8%, Hispanic 24.3%, African American 14.7%, Asian American 9.3%.14.7%, Asian American 9.3%.

ImmigrantsImmigrants

Aliens legally admitted as permanent Aliens legally admitted as permanent residents.residents.

Many African, Asian, & Hispanic Many African, Asian, & Hispanic immigrants reside in the U.S.immigrants reside in the U.S.

RefugeesRefugees---People who leave their homes ---People who leave their homes to seek protection from war, persecution, to seek protection from war, persecution, or some other danger.or some other danger.

Many refugees from Central America & Many refugees from Central America & South America reside in the U.S.South America reside in the U.S.

Race-Based Discrimination:Race-Based Discrimination:African AmericansAfrican Americans

1. African Americans make up the largest 1. African Americans make up the largest minority group in the U.S.minority group in the U.S.

12% of American people are African 12% of American people are African American.American.

2. African American have been the 2. African American have been the victims of consistent, unjust treatment for victims of consistent, unjust treatment for a longer period of time than any group of a longer period of time than any group of Americans (according to your book.)Americans (according to your book.)

Most came to America via the slave trade.Most came to America via the slave trade.

Not the Civil War, nor the 13Not the Civil War, nor the 13thth Amendment ended racial discrimination.Amendment ended racial discrimination.

3. Most of the gains the nation has made 3. Most of the gains the nation has made have come out of the work by & on behalf have come out of the work by & on behalf of African Americans.of African Americans.

Ex.) Martin Luther King Jr., Medgar Ex.) Martin Luther King Jr., Medgar Evers, Jesse Jackson.Evers, Jesse Jackson.

Native AmericansNative Americans 1650’s---one million Native Americans in 1650’s---one million Native Americans in

U.S.U.S. 1900---250,0001900---250,000 Disease & military campaignsDisease & military campaigns 2.7 million Native Americans in the U.S., 2.7 million Native Americans in the U.S.,

but over a third live on but over a third live on reservations.reservations. Reservations---public lands set aside by a Reservations---public lands set aside by a

government for use by Native American government for use by Native American tribes.tribes.

Poverty, joblessness, & alcoholism are big Poverty, joblessness, & alcoholism are big problems on the reservations.problems on the reservations.

Life expectancy on reservations is ten Life expectancy on reservations is ten years less than the national average.years less than the national average.

Hispanic AmericansHispanic Americans

LatinosLatinos Hispanics may be of any race.Hispanics may be of any race. Most are white.Most are white. Four main groups of Hispanic Four main groups of Hispanic

Americans:Americans: 1. Mexican Americans1. Mexican Americans 2. Puerto Ricans2. Puerto Ricans 3. Cuban Americans 3. Cuban Americans

4. Central & South Americans (many are 4. Central & South Americans (many are refugees)refugees)

Asian AmericansAsian Americans

AssimilationAssimilation—Process by which people of —Process by which people of one culture merge into & become part of one culture merge into & become part of another culture.another culture.

Chinese laborers in the 1850’s.Chinese laborers in the 1850’s. Chinese Exclusion Act of 1882.Chinese Exclusion Act of 1882. WWII relocation camps---120,000 (2/3 of WWII relocation camps---120,000 (2/3 of

those were native born.)those were native born.) Government admits fault.Government admits fault.

Four million Asian immigrants since 1965.Four million Asian immigrants since 1965. More than 11 million in the country, & More than 11 million in the country, &

fastest growing minority group.fastest growing minority group. Majority population in Hawaii.Majority population in Hawaii.

Discrimination against womenDiscrimination against women Women are a majority.Women are a majority. Property rights, education, & employment.Property rights, education, & employment. July 19, 1848 Seneca Falls, New York---July 19, 1848 Seneca Falls, New York---

convention on women’s rights.convention on women’s rights. Women hold only about 10% of Women hold only about 10% of

Congressional seats.Congressional seats.

Only eight female governors.Only eight female governors. The Equal Pay Act of 1963 requires employers The Equal Pay Act of 1963 requires employers

to pay men & women the same wages if they to pay men & women the same wages if they perform the same jobs in the same perform the same jobs in the same establishment under the same working establishment under the same working conditions.conditions.

The Civil Rights Act of 1964 prohibits job The Civil Rights Act of 1964 prohibits job discrimination based on sex.discrimination based on sex.

Education & experience play a role in why Education & experience play a role in why women are paid less than men.women are paid less than men.

¾ of the jobs held by women are low paying ¾ of the jobs held by women are low paying clerical & service occupations.clerical & service occupations.

98% of all secretaries are women, 93% of all 98% of all secretaries are women, 93% of all nurses, 90% of all hairdressers.nurses, 90% of all hairdressers.

Equal Protection ClauseEqual Protection Clause

1414thth Amendment Amendment Benefit newly freed slaves.Benefit newly freed slaves. Today, governments may not draw Today, governments may not draw

unreasonable distinctions between classes unreasonable distinctions between classes of people.of people.

Segregation in AmericaSegregation in America Segregation---the separation of one group Segregation---the separation of one group

from another.from another. Jim Crow laws were aimed at African Jim Crow laws were aimed at African

Americans.Americans.

Separate-but-Equal Separate-but-Equal DoctrineDoctrine

1896- 1896- Plessy v. FergusonPlessy v. Ferguson Upheld a Louisiana state law requiring Upheld a Louisiana state law requiring

segregation in rail cars.segregation in rail cars. Supreme Court decided it did not violate Supreme Court decided it did not violate

the Equal Protection Clause because the Equal Protection Clause because “SEPARATE FACILITIES PROVIDED FOR “SEPARATE FACILITIES PROVIDED FOR AFRICAN AMERICANS WERE EQUAL TO AFRICAN AMERICANS WERE EQUAL TO THOSE FOR WHITES.THOSE FOR WHITES.

Justification in other fields.Justification in other fields.

Brown V. Board of Brown V. Board of Education of Topeka, Education of Topeka,

KansasKansas

Supreme Court combined five cases:Supreme Court combined five cases: Belton V. Gebhardt (Delaware)Belton V. Gebhardt (Delaware) Brown V. Board of Education (Kansas)Brown V. Board of Education (Kansas) Briggs V. Elliott (South Carolina)Briggs V. Elliott (South Carolina) Davis V. Prince Edwards County School Davis V. Prince Edwards County School

Board (Virginia)Board (Virginia) Bolling V. Sharpe (District of Columbia)Bolling V. Sharpe (District of Columbia) Brown listed first because he was the only Brown listed first because he was the only

male plaintiff.male plaintiff. Not the 1Not the 1stst to challenge 1849 to challenge 1849

Topeka, Linda Brown, a third grader, had Topeka, Linda Brown, a third grader, had to walk one mile through a railway to walk one mile through a railway switchyard to get to her black school. A switchyard to get to her black school. A white school was only seven blocks away. white school was only seven blocks away. Her father tried to enroll her in the white Her father tried to enroll her in the white school, but the principal refused. Father, school, but the principal refused. Father, Oliver Brown, went to the NAACP Oliver Brown, went to the NAACP (National Association for the Advance of (National Association for the Advance of Colored People) for help.Colored People) for help.

NAACP had been looking for the right NAACP had been looking for the right case at the right time.case at the right time.

Board’s defense that this school helped Board’s defense that this school helped prepare students for the real world.prepare students for the real world.

Supreme Court in 1952, decision in 1954.Supreme Court in 1952, decision in 1954. Earl Warren, California, RepublicanEarl Warren, California, Republican Replaced Fred VinsonReplaced Fred Vinson Swayed the court in his favor.Swayed the court in his favor. ““Separate but equal has no place. Separate Separate but equal has no place. Separate

educational facilities are inherently educational facilities are inherently unequal.”unequal.”

Briggs, Claredon County, South CarolinaBriggs, Claredon County, South Carolina No busesNo buses Thurgood Marshall, not popular to take the Thurgood Marshall, not popular to take the

case.case. Rev. J.A. DeLaine convinced African Rev. J.A. DeLaine convinced African

American parents to join the suit.American parents to join the suit.

IntegrationIntegration

1955, the Court ordered all states to make 1955, the Court ordered all states to make a “prompt & reasonable start” & to end a “prompt & reasonable start” & to end segregation with “deliberate speed.”segregation with “deliberate speed.”

““Reasonable start” made in Baltimore, Reasonable start” made in Baltimore, Louisville, & St. Louis.Louisville, & St. Louis.

IntegrationIntegration—the process of bringing a —the process of bringing a group into the mainstream of society.group into the mainstream of society.

States passed laws & school boards States passed laws & school boards worked to block integration.---worked to block integration.---Unconstitutional.Unconstitutional.

By 1970, de jure segregation had been By 1970, de jure segregation had been abolished (segregation by law with legal abolished (segregation by law with legal sanction.)sanction.)

Efforts to Efforts to desegregatedesegregate—school districts —school districts lines redrawn, busing to neighboring lines redrawn, busing to neighboring districts.districts.

Swann v. Charlotte-Mecklenburg Board of Swann v. Charlotte-Mecklenburg Board of EducationEducation, 1971---Supreme Court ruled , 1971---Supreme Court ruled that “desegregation plans cannot be that “desegregation plans cannot be limited to walk-in schools.”limited to walk-in schools.”

Busing used to increase racial mix.Busing used to increase racial mix. Some ordered by the courts, other Some ordered by the courts, other

voluntarily.voluntarily.

Segregation struck down in other places as well: Segregation struck down in other places as well: public swimming pools, local transportation, public swimming pools, local transportation, prisons & jails, child custody cases.prisons & jails, child custody cases.

1967, 1967, Loving v. VirginiaLoving v. Virginia, (laws that forbid , (laws that forbid interracial marriages), struck down by the interracial marriages), struck down by the courts.courts.

Classification by sexClassification by sex Only reference to sex is the 19Only reference to sex is the 19thth Amendment. Amendment. Classification by sex is not unconstitutional, Classification by sex is not unconstitutional,

however, laws that treat men & women however, laws that treat men & women differently will be overturned unless they are differently will be overturned unless they are intended to serve an important governmental intended to serve an important governmental objective or they are substantially related to objective or they are substantially related to achieving that goal.achieving that goal.

Civil RightsCivil Rights Civil Rights Act of 1964Civil Rights Act of 1964—Longest debate in —Longest debate in

Senate history (83 days)Senate history (83 days) Outlaws discrimination in a number of Outlaws discrimination in a number of

areas.areas. 1. No person may be denied access to or 1. No person may be denied access to or

refused service in various public refused service in various public accommodations because of race, religion, accommodations because of race, religion, color, or national origin. (Title III)color, or national origin. (Title III)

2. Prohibits discrimination against any 2. Prohibits discrimination against any person on grounds of race, color, religion, person on grounds of race, color, religion, national origin, sex, or physical disability in national origin, sex, or physical disability in any program that receives any federal any program that receives any federal funding:funding:

Civil RightsCivil Rights Requires the cut off of funds to any program Requires the cut off of funds to any program

that practices such discrimination. (Title VI)that practices such discrimination. (Title VI) 3. Forbid employers & labor unions to 3. Forbid employers & labor unions to

discriminate against any person on grounds discriminate against any person on grounds of race, color, religion, sex, physical of race, color, religion, sex, physical disability, or age in job-related matters. disability, or age in job-related matters. (Title VIII)(Title VIII)

Civil Rights Act of 1968Civil Rights Act of 1968---Open Housing Act---Open Housing Act Affirmative ActionAffirmative Action—Policy that requires that —Policy that requires that

most employers take positive steps to most employers take positive steps to remedy the effects of past discriminations.remedy the effects of past discriminations.

Applies to all agencies & employers that Applies to all agencies & employers that do business with the federal government.do business with the federal government.

Work force must reflect the general Work force must reflect the general makeup of the population in its locale.makeup of the population in its locale.

Began in 1965.Began in 1965. QuotasQuotas---Requiring certain numbers of ---Requiring certain numbers of

jobs or promotions for members of certain jobs or promotions for members of certain groups.groups.

Critics say affirmative action is reverse Critics say affirmative action is reverse discrimination, or discrimination against discrimination, or discrimination against the majority group.the majority group.

Regents of the University of Regents of the University of California v. BakkeCalifornia v. Bakke

1978---Allan Bakke (white male)1978---Allan Bakke (white male) Denied access to medical school at UC-Denied access to medical school at UC-

DavisDavis Reverse discriminationReverse discrimination 16/100 seats16/100 seats Court ruled 5-4 in favor of Bakke, (had Court ruled 5-4 in favor of Bakke, (had

been denied equal protection & should be been denied equal protection & should be admitted to the school.)admitted to the school.)

ImmigrationImmigration

Define ImmigrationDefine Immigration

In a paragraph 5 to 7 developed In a paragraph 5 to 7 developed sentences, summarize your feelings sentences, summarize your feelings on immigration. Is it strict enough? on immigration. Is it strict enough? Should we relax our requirements? Should we relax our requirements?

Do not use any negative or degrading Do not use any negative or degrading terms.terms.

CitizenCitizen—one who owes allegiance to a —one who owes allegiance to a nation-state & is entitled to its protection.nation-state & is entitled to its protection.

Over 90% of those living in the U.S. are Over 90% of those living in the U.S. are citizens.citizens.

Citizen by birth----either Citizen by birth----either jus solijus soli or or jus jus sanguinissanguinis..

Jus soli---law of the soil (where you were Jus soli---law of the soil (where you were born), includes Guam, Virgin Islands, born), includes Guam, Virgin Islands, Puerto Rico, embassies, military bases, Puerto Rico, embassies, military bases, etc.etc.

Jus sanguinis---law of the blood (to whom Jus sanguinis---law of the blood (to whom one is born).one is born).

A child born to an American citizen on A child born to an American citizen on foreign soil becomes a citizen if:foreign soil becomes a citizen if:

1. Both parents are American citizens, & 1. Both parents are American citizens, & at least one has lived in the U.S. or an at least one has lived in the U.S. or an American territory at some time.American territory at some time.

2. One parent is an American citizen who 2. One parent is an American citizen who has lived in the U.S. for at least ten years, has lived in the U.S. for at least ten years, five of them after the age 14, & the child five of them after the age 14, & the child has lived in the U.S. continuously for at has lived in the U.S. continuously for at least five years between the ages of 14 & least five years between the ages of 14 & 28.28.

NaturalizationNaturalization—Legal process by which a —Legal process by which a person becomes a citizen of another person becomes a citizen of another country at some time after birth.country at some time after birth.

800,000 aliens each year become 800,000 aliens each year become naturalized citizens.naturalized citizens.

AlienAlien—Citizen or national of a foreign —Citizen or national of a foreign state living in another country.state living in another country.

Rules of NaturalizationRules of Naturalization

To become a naturalized citizen, a person To become a naturalized citizen, a person must:must:

*Be at least 18 years old*Be at least 18 years old

*Have entered the country legally, lived in the *Have entered the country legally, lived in the U.S. for at least five yearsU.S. for at least five years

*File a petition for naturalization with the *File a petition for naturalization with the clerk of a federal district court or a State clerk of a federal district court or a State court of recordcourt of record

*Be literate in the English language*Be literate in the English language

*Be “of good moral character”*Be “of good moral character”

*Know & understand U.S. history & *Know & understand U.S. history & governmentgovernment

*Take an oath of affirmation*Take an oath of affirmation

Two ways to lose American citizenshipTwo ways to lose American citizenship

Expatriation & DenaturalizationExpatriation & Denaturalization

ExpatriationExpatriation---legal process by which a loss ---legal process by which a loss of citizenship occurs (American citizens have of citizenship occurs (American citizens have the right to renounce his/her citizenship)the right to renounce his/her citizenship)

DenaturalizationDenaturalization---lose citizenship ---lose citizenship involuntarily after it has been shown that involuntarily after it has been shown that the person became a citizen by fraud or the person became a citizen by fraud or deception.deception.

ImmigrantsImmigrants:: 1776----2.5 million1776----2.5 million 2004----290 million2004----290 million DeportationDeportation—a legal process in which aliens —a legal process in which aliens

are legally required to leave the U.S.are legally required to leave the U.S.

Most common reason for deportation is Most common reason for deportation is illegal entry.illegal entry.

Roughly nine million undocumented aliens Roughly nine million undocumented aliens in the U.S. in 2004.in the U.S. in 2004.

Most are from Mexico.Most are from Mexico. An employer who knowingly hires an An employer who knowingly hires an

undocumented alien can be fined from undocumented alien can be fined from $250 to $10,000. Repeat offenders can be $250 to $10,000. Repeat offenders can be sentenced to six months in jail.sentenced to six months in jail.

Immigration QuestionImmigration Question

There is a debate going on whether There is a debate going on whether the Statue of Liberty symbolizes the Statue of Liberty symbolizes “Liberty” or Immigration or both.“Liberty” or Immigration or both.

These words were written to honor These words were written to honor the Statue of Liberty:the Statue of Liberty:

WordsWords

““Give me your tired, your poor, Your Give me your tired, your poor, Your huddled masses yearning to breathe huddled masses yearning to breathe free; the wretched refuse of your free; the wretched refuse of your teeming shore.” teeming shore.”

With these words in mind do you feel With these words in mind do you feel this is an accurate description of this is an accurate description of United States immigration policy? United States immigration policy? Explain.Explain.