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United States (206,039)
CAS PO 111 (17)
Chapter 16

Chapter 16 Equality and Civil Rights.pdf

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Political Science
CAS PO 111
Graham Wilson

Chapter 16: Equality and Civil Rights Sunday, December 15, 2013 4:35 PM I. Two Conceptions of Equality • Affirmative action: Aimed at expanding opportunities for women and minority groups • Equality of opportunity: The idea that each person is guaranteed the same chance to succeed in life • Equality of outcome: Gov’t must design policies to redistribute wealth and status so that economic and social equality is actually achieved • Invidious discrimination: Discrimination against persons or groups that works to their harm and is based on animosity ○ Women, blacks, immigrants and homosexuals • Civil rights: Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of gov’t or individuals II. The Civil War Amendments • 13th, 14th and 15th Amendments were for the blacks after the Civil War A) Congress and the Supreme Court: Lawmaking Versus Law Interpreting • Civil Rights Act is a response for Black Codes (Legislation enacted by former slave states to restrict the freedom of blacks) ○ Congress attempted to guarantee blacks equal access to public accommodations but the 14th Amendment did not obligate states to honor the rights ○ The Courts tolerated racism by claiming that discrimination is a private act and gave the states broad interpretations to maneuver around civil rights  Poll tax: Tax meant to hurt the black tenant farmers B) The Roots of Racial Segregation • Racial segregation: Separation from society because of race ○ Jim Crow laws: Southern states used it reinforce segregation  Required blacks to live in separate inferior areas and restricted them to separate sections of schools and hospitals ○ Plessy v. Ferguson 1896:  Upheld state-imposed racial segregation  Separate-but-equal doctrine: Separate facilities for blacks and whites satisfied the 14th Amendment as long as they were equal III. The Dismantling of School Segregation A) Pressure for Equality… • Lloyd Gaines, a black student had to be accepted to Missouri Law school ○ Under Plessy, Missouri cannot shift to other states its responsibility to provide an equal education for blacks • Sweatt v. Painter 1950: ○ Courts found that the facilities were inadequate and Sweatt had to be given full student status by University of Texas, but the Court did not reexamine the separate- but-equal doctrine B) ...and Pressure for Desegregation • President Truman risked his career to establish President’s Committee on Civil Rights ○ Desegregation: Ending of authorized segregation • Brown v. Board of Education: ○ “Separate but equal has no place” and equal protection must cover black children • Brown v. Board of Education II: ○ Ruled that school systems must desegregate “with all deliberate speed” • Swann v. Charlotte-Mecklenburg County Schools: Right of lower courts to order the busing of children to ensure school desegregation ○ Right of lower courts to order the busing of children to ensure school desegregation  De jure segregation: Government imposed segregation  De facto segregation: Segregation that is not the result of gov’t influence that court-imposed remedies did not apply to IV. The Civil Rights Movement • Eisenhower’s unwillingness to advance racial equality began the Civil Rights Movement A) Civil Disobedience • Boycott: A refusal to do business as an expression of disapproval or means of coercion • Civil disobedience: Willful but nonviolent breach of laws that are regarded as unjust B) The Civil Rights Act of 1964 • Kennedy asked Congress and Lyndon Johnson pushed to finish • Entitled all persons to “the full and equal enjoyment” of goods, services and privileges in places of public accommodation • Established the right to equality in employment opportunities • Strengthened voting rights legislation • Created Equal Employment Opportunity Commission • Elementary and Secondary Education act in 1965 • President’s Lyndon Johnson’s “Great Society” ○ 24th Amendment: Banned poll taxes in primary and general natio
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