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Greenberg13e PPT Ch16
Greenberg13e PPT Ch16
Greenberg13e PPT Ch16
Chapter 16
Civil Rights: The Struggle
for Political Equality
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Learning Objectives
16.1 Trace the evolution of civil rights protections for racial
minorities and women prior to 1900.
16.2 Assess the evolving status of civil rights protections for
racial and ethnic minorities since 1900.
16.3 Assess the evolving status of civil rights protections for
women since 1900.
16.4 Assess the evolving status of civil rights protections for
LGBTQ+ individuals.
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Stop the Violence
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Learning Objective 16.1
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The Status of Civil Rights
Before 1900
An Initial Absence of Civil Rights in the
Constitution
Civil Rights After Ratification of the Civil War
Amendments
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An Initial Absence of Civil Rights
in the Constitution
Equality in the early republic
■ Constitution does not contain word “equality”
African Americans
■ Slavery
■ Restricted from some occupations
■ Could not serve on juries
Women
■ Could not vote
■ Could not serve on juries in many states
■ Could not own property or enter contracts in a few states
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Advocate for Women’s Rights
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Journal 16.1: Advocate for
Women’s Rights
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Civil Rights After Ratification of the Civil
War Amendments (1 of 2)
Thirteenth Amendment
■ Outlawed slavery
Fourteenth Amendment
■ Privileges or immunities clause
■ Due process clause
■ Equal protection clause
Fifteenth Amendment
■ Voting for formerly enslaved people
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Civil Rights After Ratification of the
Civil War Amendments (2 of 2)
Undermining the Civil War amendments
■ Court did not enforce 14th and 15th Amendments
■ Jim Crow and segregation
■ Undermining voting
■ Poll tax
■ Literacy test
■ Grandfather clause
■ White primaries
■ Violence/terror
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Table 17.1 Items from the Alabama
Literacy Test (1 of 2)
1. A person appointed to the U.S. Supreme Court is appointed for a term of
__________.
2. If a person is indicted for a crime, name two rights which he has.
3. Cases tried before a court of law are what types: civil and __________.
4. If no candidate for president receives a majority of the electoral vote, who
decides who will become the president?
5. If no person receives a majority of electoral vote, the vice president is chosen
by the Senate. True or False?
6. If an effort to impeach the President of United States is made, who presides
at the trial?
7. If the two houses of Congress do not agree to adjournment, who sets the
time?
8. A president elected in November takes office the following year on what date?
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Table 16.1 Items From the Alabama Literacy
Test (2 of 2)
9. Of the original 13 states, the one with the largest representation in the first
Congress was _________.
10. The Constitution limits the size of the District of Columbia _________.
Answers: (1) good behavior; life; (2) jury trial, protection against self-
incrimination, right to counsel, speedy trial, protection against excessive bail; (3)
criminal; (4) the House of Representatives; (5) true; (6) the chief justice of the
Supreme Court; (7) the president; (8) before 1933, March 4; after 1933, January
20; (9) Virginia; (10) not to exceed ten miles square.
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Jim Crow
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Journal 16.2: Jim Crow
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Learning Objective 16.2
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The Contemporary Status of Civil Rights
for Racial and Ethnic Minorities
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The End of Government-Sponsored
Segregation and Discrimination
Suspect classification
Strict scrutiny
Chipping away at “separate but equal”
The slow demise of segregation
Brown v. Board of Education
Resistance to integration
Civil rights movement
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Grudging Integration
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Journal 16.3: Grudging Integration
When a federal court ordered the University of Oklahoma
to admit a qualified Black applicant to its Ph.D. education
program in 1948, the university did so, but forced the
lone student to sit separate from other students. Would a
college or university today be able to discriminate
against racial minorities in a similar manner?
If not, can you think of other ways that discrimination
continues in higher education but in more subtle and less
obvious ways, or are we pretty much past that?
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The Beginning of Government-Sponsored
Remedies to Right Past Wrongs (1 of 3)
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The NAACP
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The March on Washington
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The Beginning of Government-Sponsored
Remedies to Right Past Wrongs (2 of 3)
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Stop and Frisk
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Journal 16.4: Stop and Frisk
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The Beginning of Government-Sponsored
Remedies to Right Past Wrongs (3 of 3)
Affirmative action
Origins of affirmative action
Eradicating poverty
Why affirmative action?
Public opinion on affirmative action
Reverse discrimination
Supreme Court on affirmative action
No racial quotas
Race cannot be only criterion
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Opening the Construction Trade
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Journal 16.5: Opening the
Construction Trade
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Figure 16.1 Applying the Framework: Why Has the Supreme Court
Dramatically Narrowed the Scope of Affirmative Action Programs?
(1 of 2)
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Figure 16.1 Applying the Framework:
Structure
• Culture: Americans have long supported individual, but not
group, rights.
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Figure 16.1 Applying the Framework:
Political Linkage
• Parties and Elections: Anti-government
conservatives make big gains in the Republican
Party beginning in the 1980s; Tea Party gains in
2008 and 2010 election cycles. The GOP makes
opposition to affirmative action a plank in their
convention platforms.
• Public Opinion: Polls indicate that a White majority
believes the main goals of the civil rights movement
have been achieved. Also, polls show support for
anti-discrimination laws but not for laws and
programs that advantage racial and ethnic
minorities or women.
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Figure 16.1 Applying the Framework:
Government
• Courts: The slim majority in favor of affirmative
action on the Court ends when Sandra Day
O’Connor, who was willing to break with
conservatives on civil rights issues, retires in 2006.
• President and Senate: George W. Bush nominates
and the Senate confirms the appointment of strong
conservative Samuel Alito to fill the O’Connor seat.
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Figure 16.1 Applying the Framework:
Action
• Supreme Court Rulings: Between 2006 and 2016,
the Court issued a number of rulings limiting
affirmative action.
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Figure 16.1 Applying the Framework: Why Has the Supreme Court
Dramatically Narrowed the Scope of Affirmative Action Programs?
(2 of 2)
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Learning Objective 16.3
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The Contemporary Status of Civil
Rights for Women
Beyond Voting
The Court’s Doctrine of Intermediate Scrutiny
Abortion Rights
Hostile Work Environments, Sexual
Harassment, and Sexual Assault
The Status of American Women by Comparison
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Leaning In
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Journal 16.6: Leaning In
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Intermediate Scrutiny
Intermediate scrutiny
Craig v. Boren (1976)
Somewhat suspect classification
Substantially related to an important objective
Falls short
Changing attitudes, not laws
Social attitudes evolving
Women outnumber men in higher education
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Figure 16.2 Percentage of Elective
Offices Held by Women
SOURCE: Data from Center for American Women and Politics, Rutgers University
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Critical Thinking 16.1: Percentage of
Elective Offices Held by Women
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Women Athletes
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Journal 16.8: Women Athletes
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Abortion Rights
Equal protection of privacy?
Roe v. Wade (1973)
Addressed in previous chapter
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Hostile Work Environments, Sexual
Harassment, and Sexual Assault
Workplace harassment a major problem
33% of women claim harassment
11,000 complaints to EEOC (16 percent filed by men)
Taken seriously by corporations today
Increase in awareness has led to increase in
legislation
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Protesting the New President
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Harassment Allegations
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American Women by Comparison
American women do not fare well by
comparison
Rank 17th on glass-ceiling index
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Figure 16.3 Index of Women’s Status
and Well Being
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Learning Objective 16.4
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The Contemporary Status of Civil
Rights for LGBTQ+ Individuals
Congressional and Presidential Action
Supreme Court Rulings
Public Opinion on LGBTQ+ Rights
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Gay and Lesbian Rights (1 of 2)
Congressional and presidential action on gay
and lesbian rights
Defense of Marriage Act
“Don’t ask, don’t tell”
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LGBTQ+ People in the Military
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Journal 16.8: LGBTQ+ People
in the Military
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Same Sex Marriage Is Legalized
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LGBTQ Plaintiffs Win at the Supreme
Court
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Gay and Lesbian Rights (2 of 2)
Public opinion on gay and lesbian rights
Dramatic change in public opinion
Number of factors that explain change
Gay rights movement
Sympathetic treatment in popular culture
Increases in education
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Figure 16.4 Public Opinion About
Same-Sex Marriage, 2003–2016
SOURCE: Pew Research Center, “Attitudes on Same-Sex Marriage,” May 14, 2019.
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Shared Writing (1 of 2)
Fulfilling the promise of making “equal protection” a reality for all Americans required federal
government intervention and oversight with respect to the states of the former Confederacy. Passed
in the wake of the Civil War, the Fourteenth Amendment was intended to make formerly enslaved
males full citizens of the United States and of the states in which they lived, with all the rights and
privileges of other citizens.
Beginning in 1877, when the federal government withdrew its troops from the South marking the end
of Reconstruction, Southern states imposed a system of racial separation and subordination on
African Americans, called Jim Crow, which was similar to the apartheid system of South Africa. Under
Jim Crow, African Americans were denied access to White-only establishments, to White-only
sections on public conveyances such as trains and buses, and to certain occupations. They were
compelled to attend separate and inferior schools, enjoyed few protections from the police, and were
denied the right to vote and to hold public office.
By the 1960s, national leaders became persuaded that Jim Crow would have to end and that the
South would not or could not end it without federal intervention. The fact that African Americans
outside the South had effectively used their right to vote, especially in states that had lots of electoral
votes (Illinois, New York, Pennsylvania, and California, among others), was something to which
elected leaders paid attention.
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Shared Writing (2 of 2)
The civil rights movement gained strength in the 1950s and reached full fruition in the 1960s, bringing
moral pressure on national leaders to end Jim Crow. In 1954, the Supreme Court ruled, in Brown v.
Board of Education, that “separate but equal” in schools, and by implication other areas of social life,
was constitutionally unacceptable. In follow-up cases, the Court pressed southern states to end
segregated schools “with all deliberate speed” and, when they violently resisted in some instances,
presidents sent in troops to carry out court orders. President Eisenhower sent the 101st Airborne to
Little Rock, Arkansas, in 1957, and President Kennedy sent troops to Oxford, Mississippi in 1962.
President Johnson used the FBI to infiltrate and disrupt the KKK in the mid-1960s. In 1964, Congress
and the president passed the Civil Rights Act to end segregation in public accommodations. In 1965,
the Voting Rights Act declared illegal the various devices used by the southern states to keep African
Americans from the polls, provided for federal officials to take over the voting registration process,
and forced the states in the South that had done the most to prevent African Americans from voting to
seek approval from the Justice Department when they legislated anything to do with the voting
process.
Think about what you know of the role of the federal government in enforcing the equal protection
clause of the Fourteenth Amendment and about the quality of justice administered to members of
minority communities in contemporary America.
Now construct a brief argument for or against this proposition: The federal government needed to
take actions to force states to provide equal protection to all citizens and must continue to do so,
wherever limits to participation in the voting process or limits to equal treatment under the law present
themselves. How would you defend your position to a fellow student? What would be your main line
of argument? What evidence do you believe best supports your position?
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Copyright
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