Political Science paper for 2 page
qiao1159
day9a-CivilRights.pptCivil Rights
Professor
Matthew N. Beckmann
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Introduction
Emmett Till (1941-1955)
http://www.history.com/topics/black-history/civil-rights-movement/videos/emmett-till
CBS 60 Minutes
http://www.cbsnews.com/news/emmett-till-murder-fueled-a-movement-60-minutes/
*
Outline
I. Introduction
II. Distinguishing Civil Rights from Civil Liberties
III. The Long, Hard March to De Jure Equality
A. Slavery
B. Legal Racism
IV. Civil Rights Beyond Race
V. The Ongoing March to De Facto Equality
VI. Southern Politics
VII. Conclusion
Civil Rights
Refer to the positive acts governments take to protect individuals against discrimination based on race, gender, national origin, age, sexual orientation, and the like.
Rights Attained When Gov’t Steps In
Civil Liberties
The personal rights and freedoms that governments cannot violate by law, constitution, or judicial interpretation.
Rights Attained When Gov’t Stays Out
Distinguishing
Civil Rights from Civil Liberties
De Jure vs. De Facto
De jure is a Latin phrase meaning
“by law” or “legally.”
De facto is a Latin phrase meaning
“in fact but not in law.”
The Long, Hard March to De Jure Equality
Slavery
Slavery at the Founding
- 3/5 Compromise
- 20 year ban on regulating slave trade
- Federal gov’t had power to fight slave rebellions.
- Senate had balance of free and slave states
The Long, Hard March to De Jure Equality
Slavery
The Missouri Compromise (1820-1821)
Continued Sanctioned Slavery in South
Continued Senate Parity of Free vs. Slave (Maine for Missouri)
The Compromise Slipping (1830s-1870s)
Ideological Abolitionists
White Labor Economics
California’s Admission to Union
…But Then…
The Long, Hard March to De Jure Equality
Slavery
Fugitive Slave Law
+
Dred Scott v. Sandford
(1857)
Court, in 5-4 decision, held…
Constitution says slaves are property, not citizens.
- Federal government cannot take people’s property.
The Long, Hard March to De Jure Equality
Slavery
Abe Lincoln’s Election
“Free Soil, Free Labor, Free Men”
Emancipation Proclamation (1863)
& Civil War (1861-1865)
The Long, Hard March to De Jure Equality
Slavery
The Long, Hard March to De Jure Equality
Slavery
13th Amendment (1865):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction…
[In short: abolished slavery]
The Long, Hard March to De Jure Equality
Legal Racism
14th Amendment (1868):
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…
[In short: granted citizenship & the civil liberties that go with it]
The Long, Hard March to De Jure Equality
Legal Racism
15th Amendment (1870):
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude...
[In short: (re)guaranteed right to vote.]
The Long, Hard March to De Jure Equality
Legal Racism
Plessy v. Ferguson
(1896)
established doctrine of
“separate but equal”
The Long, Hard March to De Jure Equality
Legal Racism
Brown v.
Board of Education of Topeka
(1954)
“separate education facilities
are inherently unequal.”
The Long, Hard March to De Jure Equality
Legal Racism
Jim Crow Laws (re)instituted segregation
(1870s-1960s)
Voting Discrimination cemented it.
- white primaries
- poll taxes
- literacy tests
- grandfather clauses
Example of Literacy Test
The Long, Hard March to De Jure Equality
Legal Racism
The Civil Rights Movement!
MLKJ’s
“Letter from a
Birmingham Jail”
Haley Barbour
“I just don’t remember it as being that bad.”
The Long, Hard March to De Jure Equality
Legal Racism
The Civil Rights Act of 1964
Allowed the federal government to proactively prosecute discrimination in public accommodations, schooling, employment, and voting.
The Voting Rights Act of 1965
Allowed the federal government to proactively register voters, veto state changes to election laws, and monitor their elections.
Civil Rights Beyond Race
Age
Sex
Sexuality
Religion
National Origin
???
Civil Rights Beyond Race
Americans with Disabilities Act, 1990
This legislation created comprehensive civil right protections for individuals with disabilities. It prohibits discrimination on the basis of disability, requiring people provide “reasonable accommodation”…
- in private employment
- all state and local government agencies
- places of public accommodation (e.g., museums, restaurants)
- and mandates accessibility to communication services
The Ongoing March to De Facto Equality
Even as the formal, legal barriers to equality continue to be broken down, inequalities persist in society. These disparities are not legally mandated but rather “bubble up” from America’s social and economic forces.
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
- Women earn less than men even within the same occupations. In the 20 most common occupations, women had lower median earnings than men in all but one category.
- The pay gap starts right out of college. Millennial women make 82 cents for every dollar men make.
- The pay gap persists thereafter. Controlling for factors such as job choice, GPA, alma mater, children, time off of work, and other factors, women’s pay was still 12% below men decades into their careers.
From Law to Politics
While many aspects of discrimination implicate legal issues of justice, they are also highly political.
Partisanship &
Southern Politics
Partisanship &
Southern Politics
Upon signing the CRA of 1964, Lyndon Johnson reportedly told an aide, "We have lost the South for a generation.” He underestimated.
Partisanship &
Southern Politics
# Southern Democratic Congressmen
1964
1994
2010
Partisanship &
Southern Politics
Supreme Court Decision
Shelby Country v. Holder 2013
VRA, Section 5
Alabama,
Alaska,
Arizona,
Georgia,
Louisiana,
Mississippi,
South Carolina,
Texas,
Virginia
+ localities
“Our Country has changed.”
Conclusion
Equality is a cornerstone of democratic thought, and an integral component of the American Dream.
Conclusion
But “equality” is a thorny concept...
Equality of Opportunity
vs.
Equality of Results
Midterm Stuff
Bring a Big Blue Book!
Bring a Pen!
6 of 10 IDs 5 pts each (total 30 pts)
1 “essay” (total 70 pts)
Midterm Stuff
1. Define the term, citing readings and lectures(s)
(e.g., “A tyrant, as mentioned in Federalist 69, is a political leader who assumes power over citizens without being accountable to them.”)
2. Explain why this is important to the topic/class.
(e.g., for example, “Tyranny was an important concern during the founding, causing many to demand ‘checks’ on the government powers be included in the Constitution, including a specific Bill of Rights...”)
“Essay”
Read the Situation
Remember, this is an Exam!
Use Class Ideas and Materials to Answer.
Answer All Parts.
Midterm Advice
Budget your time well.
Write clearly.
Don’t assume “You know what I meant.”
Explain – with course materials.
Lecture is backbone; modules, readings, and sections are supplements.
Not a vocab test. More focus on key concepts and how they apply.
