Discussion 9
Misheel
Materials.docxWhat are Civil Rights?
As we discussed a few weeks ago, there is a difference between civil rights and civil liberties.
Civil rights are essentially things the government is supposed to do for its people and ways the government is supposed to protect their people. A major idea is that the government should protect people from discrimination.
More specifically, the government is supposed to protect us from discrimination based on our inherent characteristics (keep in mind I am saying "supposed to" a lot because I am NOT saying our government actually does these things).
Inherent characteristics refer to the basic things that make you who you are; such as your gender, race, ethnicity, and religion. The idea being that these are fundamental aspects of all of us that we either cannot change or should not be expected to change.
It should be noted that there has been considerable debate about whether sexual orientation is an inherent characteristic. While many would say that discrimination based on sexual orientation is just as bad as discrimination based on race, there are those who disagree with that. Particularly, they might disagree because they see sexual orientation as a "choice" or because sexual orientation might conflict with their religious beliefs or because they just simply think discrimination based on race is worse than discrimination based on sexual orientation. The Trump administration has at times seemed to imply that discrimination based on sexual orientation is in a different class of discrimination and that there might not be as many protections for victims of sexual orientation-based discrimination. Here are a few links (Links to an external site.) to articles that discusses this situation (Links to an external site.).
Important Civil Rights Amendments: 13th, 14th, and 15th
US Civil War
From 1861-1865 the United States was embroiled in a civil war. The war pitted the northern states against the southern states. The war was fought for different reasons (economics and the slavery in the south were two main reasons). This war led to the southern states seceding from the United States and forming their own government (here is a link (Links to an external site.) about this that is not required reading, but it is interesting) We will not be examining this period of time, History classes are much better for that, but we will be discussing the political and Constitutional consequences of the war.
The Civil War ended in 1865 and this led to several important events:
· The southern states, which had seceded from the union, were brought back into the United States
· The practice of slavery was technically abolished
· And the 13th, 14th, and 15th amendments were passed within 5 years of the war ending
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13th Amendment (passed in 1865)
Here is the exact wording of the 13th Amendment:
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.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This is an important amendment and it, for the most part, outlaws slavery and declares it to be illegal. As mentioned in a previous module, the Founding Fathers did not really address the issue of slavery in the original Constitution, although, the Three-Fifths Compromise does essentially say that slavery was legal. The 13th Amendment is commonly thought of as ending the practice of slavery.
However, there are some problems with the 13th Amendment. Most importantly, it says that slavery should not exist EXCEPT as punishment for crime. Some have argued that this exception means that slavery was not truly abolished and that our current-day prison system is a modern form of slavery which is not illegal or unconstitutional. We will examine this debate in more detail next week.
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14th Amendment (passed in 1868)
The 14th Amendment is one of the most important amendments and it is also a rather lengthy amendment (see here (Links to an external site.) for the exact wording of the 14th).
There was considerable debate about this amendment back in the 1860s when it was being discussed. Many in the South especially did not like this amendment. There are MANY important parts of the amendment and most of them are found in section 1 of the amendment.
In the first section we can find:
· Citizenship Clause: this is the definition of what it means to be an American citizen. This definition is very broad, but it importantly gives citizenship to people who had been slaves and whose ancestors had been African. The Supreme Court case Dred Scott v. Sanford (1857) denied citizenship to people who were of African descent. Essentially, anyone who was black, could not be seen as a citizen, even if they were born in the United States. The citizenship clause of the 14th amendment essentially says that if you are born in the United States, you are a citizen.
· Due Process Clause: this part of the 14th amendment means that the government cannot take life, liberty, or property away from anyone without a judicial process having taken place.
· Equal Protection Clause: this might be the part of the 14th amendment, or the entire Constitution, that has been used the most to expand people's rights or to argue against discrimination. This clause means that the government has to protect everyone equally and that the law applies to everyone equally. The Equal Protection Clause has been used over the years to fight against segregation, to defend people from discrimination based on sexual orientation, and discrimination based on physical disability.
Essentially, if there is a group of people, who clearly are being treated differently by our government, or who do not seem to have the same protections as other people, then that might violate the Equal Protection Clause of the 14th Amendment.
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15th Amendment (passed in 1870)
Here is the exact wording of the 15th Amendment:
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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
This amendment deals with voting and it extends voting rights to men who had previously been slaves. It is important to note that even though the amendment does not specifically say only men have the right to vote, that is how the amendment was interpreted. Women, regardless of color, did not have the right to vote when this amendment was passed. It will not be for another many decades that women will get the right to vote.
The 15th Amendment led to considerable backlash in the South. This backlash will be examined in the next page.
Important Civil Rights Amendments: 13th, 14th, and 15th
US Civil War
From 1861-1865 the United States was embroiled in a civil war. The war pitted the northern states against the southern states. The war was fought for different reasons (economics and the slavery in the south were two main reasons). This war led to the southern states seceding from the United States and forming their own government (here is a link (Links to an external site.) about this that is not required reading, but it is interesting) We will not be examining this period of time, History classes are much better for that, but we will be discussing the political and Constitutional consequences of the war.
The Civil War ended in 1865 and this led to several important events:
· The southern states, which had seceded from the union, were brought back into the United States
· The practice of slavery was technically abolished
· And the 13th, 14th, and 15th amendments were passed within 5 years of the war ending
___________________________________________________________________
13th Amendment (passed in 1865)
Here is the exact wording of the 13th Amendment:
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.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This is an important amendment and it, for the most part, outlaws slavery and declares it to be illegal. As mentioned in a previous module, the Founding Fathers did not really address the issue of slavery in the original Constitution, although, the Three-Fifths Compromise does essentially say that slavery was legal. The 13th Amendment is commonly thought of as ending the practice of slavery.
However, there are some problems with the 13th Amendment. Most importantly, it says that slavery should not exist EXCEPT as punishment for crime. Some have argued that this exception means that slavery was not truly abolished and that our current-day prison system is a modern form of slavery which is not illegal or unconstitutional. We will examine this debate in more detail next week.
____________________________________________________________________
14th Amendment (passed in 1868)
The 14th Amendment is one of the most important amendments and it is also a rather lengthy amendment (see here (Links to an external site.) for the exact wording of the 14th).
There was considerable debate about this amendment back in the 1860s when it was being discussed. Many in the South especially did not like this amendment. There are MANY important parts of the amendment and most of them are found in section 1 of the amendment.
In the first section we can find:
· Citizenship Clause: this is the definition of what it means to be an American citizen. This definition is very broad, but it importantly gives citizenship to people who had been slaves and whose ancestors had been African. The Supreme Court case Dred Scott v. Sanford (1857) denied citizenship to people who were of African descent. Essentially, anyone who was black, could not be seen as a citizen, even if they were born in the United States. The citizenship clause of the 14th amendment essentially says that if you are born in the United States, you are a citizen.
· Due Process Clause: this part of the 14th amendment means that the government cannot take life, liberty, or property away from anyone without a judicial process having taken place.
· Equal Protection Clause: this might be the part of the 14th amendment, or the entire Constitution, that has been used the most to expand people's rights or to argue against discrimination. This clause means that the government has to protect everyone equally and that the law applies to everyone equally. The Equal Protection Clause has been used over the years to fight against segregation, to defend people from discrimination based on sexual orientation, and discrimination based on physical disability.
Essentially, if there is a group of people, who clearly are being treated differently by our government, or who do not seem to have the same protections as other people, then that might violate the Equal Protection Clause of the 14th Amendment.
___________________________________________________________________
15th Amendment (passed in 1870)
Here is the exact wording of the 15th Amendment:
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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
This amendment deals with voting and it extends voting rights to men who had previously been slaves. It is important to note that even though the amendment does not specifically say only men have the right to vote, that is how the amendment was interpreted. Women, regardless of color, did not have the right to vote when this amendment was passed. It will not be for another many decades that women will get the right to vote.
The 15th Amendment led to considerable backlash in the South. This backlash will be examined in the next page.
Important Civil Rights Amendments: 13th, 14th, and 15th
US Civil War
From 1861-1865 the United States was embroiled in a civil war. The war pitted the northern states against the southern states. The war was fought for different reasons (economics and the slavery in the south were two main reasons). This war led to the southern states seceding from the United States and forming their own government (here is a link (Links to an external site.) about this that is not required reading, but it is interesting) We will not be examining this period of time, History classes are much better for that, but we will be discussing the political and Constitutional consequences of the war.
The Civil War ended in 1865 and this led to several important events:
· The southern states, which had seceded from the union, were brought back into the United States
· The practice of slavery was technically abolished
· And the 13th, 14th, and 15th amendments were passed within 5 years of the war ending
___________________________________________________________________
13th Amendment (passed in 1865)
Here is the exact wording of the 13th Amendment:
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.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This is an important amendment and it, for the most part, outlaws slavery and declares it to be illegal. As mentioned in a previous module, the Founding Fathers did not really address the issue of slavery in the original Constitution, although, the Three-Fifths Compromise does essentially say that slavery was legal. The 13th Amendment is commonly thought of as ending the practice of slavery.
However, there are some problems with the 13th Amendment. Most importantly, it says that slavery should not exist EXCEPT as punishment for crime. Some have argued that this exception means that slavery was not truly abolished and that our current-day prison system is a modern form of slavery which is not illegal or unconstitutional. We will examine this debate in more detail next week.
____________________________________________________________________
14th Amendment (passed in 1868)
The 14th Amendment is one of the most important amendments and it is also a rather lengthy amendment (see here (Links to an external site.) for the exact wording of the 14th).
There was considerable debate about this amendment back in the 1860s when it was being discussed. Many in the South especially did not like this amendment. There are MANY important parts of the amendment and most of them are found in section 1 of the amendment.
In the first section we can find:
· Citizenship Clause: this is the definition of what it means to be an American citizen. This definition is very broad, but it importantly gives citizenship to people who had been slaves and whose ancestors had been African. The Supreme Court case Dred Scott v. Sanford (1857) denied citizenship to people who were of African descent. Essentially, anyone who was black, could not be seen as a citizen, even if they were born in the United States. The citizenship clause of the 14th amendment essentially says that if you are born in the United States, you are a citizen.
· Due Process Clause: this part of the 14th amendment means that the government cannot take life, liberty, or property away from anyone without a judicial process having taken place.
· Equal Protection Clause: this might be the part of the 14th amendment, or the entire Constitution, that has been used the most to expand people's rights or to argue against discrimination. This clause means that the government has to protect everyone equally and that the law applies to everyone equally. The Equal Protection Clause has been used over the years to fight against segregation, to defend people from discrimination based on sexual orientation, and discrimination based on physical disability.
Essentially, if there is a group of people, who clearly are being treated differently by our government, or who do not seem to have the same protections as other people, then that might violate the Equal Protection Clause of the 14th Amendment.
___________________________________________________________________
15th Amendment (passed in 1870)
Here is the exact wording of the 15th Amendment:
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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
This amendment deals with voting and it extends voting rights to men who had previously been slaves. It is important to note that even though the amendment does not specifically say only men have the right to vote, that is how the amendment was interpreted. Women, regardless of color, did not have the right to vote when this amendment was passed. It will not be for another many decades that women will get the right to vote.
The 15th Amendment led to considerable backlash in the South. This backlash will be examined in the next page.
The Jim Crow Era (1877-1965)
The 15th Amendment was passed in 1870. This amendment seemingly gave all black men, and all former slaves who were men, the right to vote. However, there were many people who disliked this change, particularly in the South, where slavery had been practiced widely. There was also a sense of fear; with black men now having the right to vote, coupled with the fact that the slave population had been large in the South, there was a concern that the balance of power would shift towards the black population.
To combat this, a series of laws were passed, primarily in the Southern states, that became known as Jim Crow laws.
Jim Crow was not an actual person, but rather was a fictional character; it was a racist and stereotypical depiction of a black man (see the image above).
The Jim Crow laws were aimed at separating racial groups, or segregation. This meant that schools, public accommodations, transportation, and even cities/towns were segregated by law. Typically this meant that people of color were not allowed in the same areas as white individuals.
Although segregation was the main goal, the Jim Crow era also involved other forms of discrimination that particularly were aimed at limiting the impact of the 15th amendment and the right to vote. Keep in mind, because of our system of government, individual states are able to make some of their own laws and decide, to a certain extent, how things will work within their own state. This led to the development of Jim Crow laws, and things known as Black Codes, which aimed at limiting the political power of people of color and their ability to participate in the political system. Some of these things were:
· Literacy Tests: In order to be able to vote, some states required people to take a test first. This test was supposedly to make sure people were literate and could read and write. In reality, they were a tool to make it harder for black individuals to vote. Here is a literacy test from the state of Louisiana. Look through this test and ask yourself: 1.) would you have been able to pass the test, and 2.) is this really testing literacy? Keep in mind that the only way to pass is to get 100% correct.
· Poll taxes: In order to be able to vote or even register to vote, some states required people to pay a tax. States do have the right to impose taxes, and that was used as justification for this tax, but it clearly disproportionately impacted lower-income people who tended to be people of color. We can now see this tax as being a way to make it harder for people of color to vote.
· Grandfather clauses: Built-in to many of these state laws were things called "grandfather clauses," which basically meant that if your grandfather was able to vote previously without paying a tax, then you did not have to pay a tax either. This only applied to white men, since the grandfathers of newly free black men were not able to vote.
Now if you are wondering how these things did not violate the 15th amendment, well...they did violate the 15th but states were able to explain that they were not saying that people of color could not vote, but rather that before they voted they needed to pay a tax or take a test.
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AND THE AWARD FOR MAYBE THE WORST SUPREME COURT DECISION OF ALL TIME GOES TO....
(Drumroll)
PLESSY V. FERGUSON (1896)! This is a notorious case for how badly the Supreme Court ruled. In this case, the Supreme Court upheld the constitutionality of segregation. They ruled that as long as the segregated facilities or resources were equal in quality, then there was nothing wrong is forcing segregation of races. A famous result of this case was the saying, "separate but equal," meaning that you could force people to live separately as long as there was equality in their separation. For example, it was fine to have white-only schools and black-only schools because while they were separate, both races had schools and access to education. Also, it was ok for force black individuals to ride in a separate bus than whites because black individuals still had access to transportation. This case also essentially reinforced and supported the constitutionality of Jim Crow laws.
We of course know that there was no equality in this segregation, but the Plessy decision will stand until the 1950s. Here is a cartoon from that time that accurately represents this inequality:
It should also be mentioned, that while we saw a lot of these things happen in Southern states, and Jim Crow does generally refer to the South, these things were ALSO happening in other parts of the country. Segregation existed in parts in Northern states as well. Additionally, poll taxes were widely used throughout the country, including in California (here is an interesting article (Links to an external site.) on this subject which is not required reading). I think it is important to note that this type of discrimination was not only in the South nor was it only targeting black individuals.
Next week, we will take a look at whether we see current-day examples of things that resemble Jim Crow laws.
Civil Rights Movement
Despite the end of the Civil War and the supposed end of slavery, the US entered into another dark period known as the Jim Crow era, which we just covered. Even though the 15th amendment was passed, people of color (and black men more specifically) saw their voting rights limited and their ability to vote suppressed. The Plessy v. Ferguson case made things considerably more difficult, since the Supreme Court essentially upheld these forms of discrimination.
HOWEVER, people fought for their rights and fought to end the discrimination. Despite being oppressed and being victims of violence, people banded together to change the government, the laws, and the decisions of the Supreme Court. It was during the Jim Crow era that we saw the beginnings of the Civil Rights Movement, which sought to change these laws. In particular, they aimed at ending literacy tests, poll taxes, and the system of segregation.
The height of the Civil Rights Movement was during the 1950s and 1960s. This is also the period of time when the greatest advancements in civil rights were made (more on this on the next page). There is certainly too much that went on during the Civil Rights movement to cover in one page, but this is an excellent example of a Social Movement.
Social movements are grouping of people which focus on addressing social or political issues. They are often made up of everyday people, typically from various backgrounds, who advocate for change. Many times these movements use peaceful means, although sometimes violent means are used as well.
Social movements also utilize different tactics to accomplish their goals:
· Protests
· Marches/rallies
· Sit-ins/demonstrations
· Court-cases
One of the most significant aspects of the Civil Rights Movement was the usage of nonviolent resistance. Nonviolent resistancefocused on using techniques, like the ones listed above, and avoiding using anything resembling violence to achieve their goals. This idea was inspired by the nonviolent resistance utilized by Mahatma Gandhi. Nonviolent resistance also strategically used civil disobedience, which means purposefully ignoring or refusing to comply with laws, as a way to highlight the law. Civil disobedience is also a form of protest.
Examples of this from the Civil Rights movement were:
· Rosa Parks refusing to give up her seat on a bus for a white man. This led to the Montgomery Bus Boycott in which Martin Luther King Jr., and others, organized a boycott of the bus system until the busses became desegregated.
· The Selma-to-Montgomery March, which was a march to draw attention to the lack of equal voting rights. The march was stopped by police and the police used tear gas, whips, and clubs against the protesters, despite the fact that this was a peaceful march. The images of police beating peaceful protesters had a significant social impact.
· The Woolworth Lunch Counter sit-in: where protesters refused to leave a lunch counter until they were served. This was done to highlight the inequalities of segregation and was largely organized by students of color.
· Freedom Riders: these were individuals who rode buses in the segregated South. Even though court rulings had stated that segregation of buses was unconstitutional, many Southern states refused to comply with those decisions and continued to have segregated buses. These protesters did this to highlight the fact that Southern states were not complying with federal law (and states are supposed to comply with federal law)
· Voter registration drives: due to the many laws that existed that made it harder for black individuals to register to vote, there were many blacks in the South that were not registered. However, members of the Civil Rights Movement organized voter registration drives where they would go to areas with low registration and helped people register to vote. The "Freedom Summer of 1964" (Links to an external site.) in Mississippi is an example of this (the Freedom Summer article is not required reading).
Civil Rights Advancements
One incredibly important turning point was the Supreme Court case Brown v. Board of Education (1954). This case ruled that the idea of "separate but equal" was unconstitutional. This case centered on the education system and focused on the reality that schools in segregated areas, particularly in areas that were predominantly people of color, lacked in funding and resources. This disparity showed that there was no equality in segregation.
However, despite this case, segregation and discrimination did not immediately end. Many Southern states dragged their feet in desegregating and many simply ignored this decision. A limitation to the Supreme Court is that they have no enforcement power; meaning, they cannot MAKE a state do something that they don't want to do. The Court depends on the other branches of government to support and uphold their decisions.
As a result, pressure was placed on Congress to do something about the fact that Southern states were not complying with the Browndecision.
This brings us to two VERY important laws passed by Congress:
· Civil Rights Act of 1964: the goal of this law was to end segregation in public places and accommodations AND to end employment discrimination based on race, color, sex, and religion. Here is a good quick overview of the Civil Rights Act (Links to an external site.) that you should read.
· Voting Rights Act of 1965: the goal of this law was to end the legal barriers to voting and to really (FINALLY) enforce the 15th Amendment. Specifically, the law banned the usage of literacy tests and it was aimed at improving voter turnout and participation among people of color.
These laws were largely the culmination of the work of the Civil Rights Movement. People involved in this movement fought, for many, many years, to get government to take action and to change the minds of those in government on these issues. This change came slowly, and it happened incrementally, but it did happen. And it is because of the work of everyday people, working with each other, that produced these changes.
A reason these laws were so important is that they were acts of Congress, and Congress DOES have enforcement power (unlike the Supreme Court). Meaning, Congress CAN make states do things they don't want to do. Congress can do this through decreasing the amount of money a state receives from the federal government or by using the military or the National Guard. Basically, Congress can threaten states to change their laws and Congress has the tools to punish states if they don't comply.
Lastly, in 1964 the 24th Amendment was passed. This amendment declared poll taxes to be unconstitutional. This was a significant advancement in ending a widely used voter suppression tactic of the Jim Crow era.
The 19th Amendment and Native American Citizenship
Here is the exact wording of the 19th Amendment:
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 sex.
Congress shall have power to enforce this article by appropriate legislation.
During the 1900s, there was also a strong push to expand voting rights to include women. Keep in mind, the 15th Amendment DID NOT include women and even after that amendment was passed, women (of any color) still could not vote. The woman's suffrage movement coincided to a certain extent with the civil rights movements, as women were fighting for more rights and more protection from their government.
The 19th Amendment was passed in 1920, which is shocking (well maybe shocking) to think about how long it took for women to have the right to vote.
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Another group of people that faced persecution and saw their voting rights limited were the Native American population. This group of people were actually not seen as being citizens of the United States for a very long period of time. It was not until the Indian Citizenship Act of 1924 were Native Americans seen as being citizens. Up until then, they were not able to vote in most elections. Even after the Indian Citizenship Act, many states denied Native Americans the ability to vote.
The 14th Amendment, which says that anyone born in the United States is a citizen, had been interpreted to NOT include the indigenous population of the United States.
It was not until the Voting Rights Act of 1965 that states were forced to extend voting rights to Native Americans.
