Introduction to Civil Rights & the Campaign in the Courts

Chapter 6, Theme A, part 1

Pop Quiz 6

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Defining the Terms

Civil LibertiesBasic human rights

and freedoms guaranteed by the Bill of Rights

ExamplesFree speech, freedom

of religion, press, expression, & due process (procedural)

Civil RightsThe entitlement to

equality and fairness to all people

ExamplesRacial, gender, age,

handicap, national origin, & sexual preference equality

Comparing the Terms

How does the 14th Amendment incorporate civil liberties?

Through its “due process” clause, states may not deprive people of civil liberties (life, liberty, or property).

Examples?Gitlow, Near, Tinker, Engle,

DeJonge, Miranda, Mapp, Gideon, Gregg, etc.

How does the 14th Amendment incorporate civil rights?

Through its “equal protection” clause, states may not treat people differently by laws or action.

Examples?Brown, Korematsu, Reed,

Bakke, Roe, Lawrence, Casey, etc.

Tyranny of the Majority How does our country protect civil liberties & civil

rights? Guarantees in the Constitution The BOR & Amendments Legislation Litigation (Court Decisions)

Are these true safeguards or can minorities still be oppressed?

Alexis de Tocqueville called this the “tyranny of the majority.” Are we a democracy or a republic? Dangers of each?

Can the Government EVER legally treat people differently?

YES!! Some distinctions are legal, but are always subjected to suspect classification.

What legal distinctions can laws make? First, law must pass the rational basis test. (Gov’t

must show a logical relationship between the distinction & the purpose of law).

Any law that makes racial distinction must pass the strict scrutiny test. (Gov’t must show compelling reason for distinction & cannot find another way to quell the threat).

Gender cases must pass immediate scrutiny test.

Why have African Americans been treated unfairly?

Constitutionally allowed for more than a century--slavery

Racism Fear Minority Lack of political power & allies

Interpreting the meaning of “Equal Protection”

What did “equal protection” mean to Congress when proposed in the 1860s?

SCOTUS took a narrow view early on:Struck down laws that denied basic rights of citizenship

(Strauder v. WV: jury access)Struck down laws that sought to stop discriminatory

practices by businesses.Plessy v. Ferguson set the precedent of “separate but

equal” in facilities because the 14th amendment only guaranteed political and legal equality-not social equality.

Campaign in the Courts

NAACP formed in 1909 to combat inequality. Why did the NAACP turn to the Courts? NAACP strategy went through a series of

stages:Step 1: Publicize obvious inequalities,

addressed in 1938–1948 cases. Step 2: Have courts decide that separation

creates inequality in less obvious casesStep 3: Have courts declare that separation is

inherently unequal

Brown v. Board of Education

A “building campaign” began in the South. Why? Tried to make schools more equal to keep

separate. .Jim Crow in Currituck.ppt

Unanimous Supreme Court opinion overturned Plessy decision. What rationale did they use?

Segregation is detrimental; creates sense of inferiority in African American students

The Court relied on social science, because the 14th Amendment was not necessarily intended to abolish segregated schools, and the Court sought a unanimous opinion.

Implementation of Brown

Why is it important that the Brown case was a class action lawsuit?

How did southern states react? NC, VA How did Congress react? Southern

Manifesto How did the President react? Little Rock What impact did integration have by the

1970s?

Ending Segregation A year after Brown decision, the Supreme

Court ruled that federal courts had the authority to oversee integration of segregated schools. This was to be implemented “with all deliberate speed.” This decision is commonly referred to as “Brown II.”

If desegregation was ordered by the Court, why did integration take so long?

Desegregation or Integration?

What is the difference? De jure segregation was struck down by

Brown decision, but de facto segregation was still the norm. Define the differences.

How did the Swann decision affect de facto segregation?

How did this lead to “white flight” and slow down integration?

Are school assignments today race neutral?

What’s due & When??

Tomorrow is a GOVERNMENT day! The following is due:

Read pp. 139-145 & handouts on laws. Take notes on the struggle to “win over” Congress. Outline each law as to what it mandated. Analyze similarities & differences.

Blog goes with Friday’s class! Try to blog before then, if possible.