Rights for the people created by denying the government power

Segregation

  • Dred Scott v Sanford (1857)
    • Is a black man on free soil free from slavery?
    • Taney said no because slaves are not citizens
  • Civil War Amendments
    • 13th Amendment
      • Ends slavery
    • 14th Amendment
      • Equal protection under the law
      • Birthright citizenship
    • 15th Amendment
      • Voting rights for African American men
  • Just because the south loses the war doesn’t change their opinion on African Americans and their social standing
  • Jim Crow Laws
    • Segregations
      • All aspects of daily life are segregated
    • Deny political rights + African Americans
      • Poll taxes, literacy tests, etc
  • Plessy v Ferguson
    • It is constitutional to have separate but equal facilities for the races
    • “one drop of african american blood makes you african american”
    • Lone dissenter was Marshal Harlan
      • KKK
        • Domestic terror organization that aimed to subjugate African Americans and keep them from exercising their political rights
  • Brown v Board of Ed
    • Oliver Brown tries to enroll his daughter in white school that is closer to his house and is denied
    • Marshall chose to challenge separate but equal precedent
    • Used “Doll Study” to show psychological effect of segregation
    • Unanimous decision overturned Plessy
  • Brown II
    • Urged state compliance with “all deliberate speed”
    • 10 years later 98% of African American children in the South still attended segregated schools
  • Everything is extremely vague

Civil Rights Movement

  • Brown decision did not end segregation in the South and with the exception of Eisenhower sending troops to de segregate schools in Little Rock, Arkansas
  • Social movement
  • Civil disobedience
    • Breaking laws civilly on purpose to prove a point
  • Montgomery Bus Boycott
  • MLK - Southern Christian Leadership Conference
    • Nonviolent civil disobedience
    • 1963 violated Birmingham’s ban on protest and is thrown in jail
    • “White Clergymen Urge Local Negroes to Withdraw from Demonstrations”
    • Urge moderation, end of protest and civil disobedience
      • King’s Response - Letter from Birmingham Jail
      • White moderate

Affrimative Action

Fill in

  • Fisher v UT Austin
    • Race can be used as a factor in admissions
  • SFA v Harvard

LGBT movement

  • We want what you have and it doesnt take away from you
  • Everyone supported it because they knew someone gay
    • Became a social norm over time

Civil Rights Act and Voting Rights Act

  • Protests continued in the south
  • Freedom Riders
  • Effect of media on public opinion
  • Political pressure on Democratic Party and the importance of the Black vote
  • Civil Rights Act of 1964
    • Authorized the federal government to withhold grants from districts that did not integrate schools and to sue school districts that failed to desegregate
    • Outlawed racial segregation in schools in public places
    • Outlawed empliyment discrimination based on race, ethnicity, religion, national origin, or sex
  • Voting Rights act of 1965
    • Outlawed literacy tests and authorized the Justice Department to send federal officers to register voters in uncooperative locations. Southern states needed pre-clearance from the federal government before they changed their voting laws and practices
      • Pre-clearance overturned in 2013 by Supreme Court as a violation of the Tenth Amendment

Women’s Rights

  • First Wave
    • Involved womens suffrage
    • 19th amendment gave women the right to vote in 1920
  • Second Wave
    • Addressed inequalities, violence, and sexual harassment
    • Betty Friedan “The Feminine Mystique” - 1963
      • National Organization for Women
        • From anti discrimination to full participation in society
        • Title IX - 1972
          • On the basis of sex, no person shall be excluded from participation or denied the benefits from any educational activity receiving federal funding - women’s sports
        • Equal Right’s Amendment - 1971 - not passed
          • 14th amendment and title 7
        • Supreme Court and Gender
          • Intermediate scrutiny - for the law in question to survive, the govt must prove that there is a legitimate govt objective and that the law is substantially leading to that govt objective
            • Military draft registration
          • Sexual Harassment and the court
            • Quid pro quo (sex for jobs or benefits) and hostile work environment (employer knows but doesn’t try to stop it)