Civil Rights: Public policies and legal protections concerning equal status and treatment in American society to advance the goals of equal opportunity, fair and open political participation, and equal treatment under the law without regard to race, gender, disability status, and other demographic characteristics. Equality of Opportunity: A conception of equality that seeks to provide all citizens with opportunities for participation in the economic system and public life, but accepts unequal results in income, political power, and property ownership. Equality of Condition: A conception of equality that exists in some countries that value equal economic status as well as equal access to housing, health care, education, and government services.
TABLE 5.1 Rights, Pathways, and Results in Advancing Equality of Opportunity
TABLE 5.1 Rights, Pathways, and Results in Advancing Equality of Opportunity (Continued)
Slavery existed in all thirteen American colonies, although in the North it was less extensive and abolished years earlier— within decades of the American Revolution—than in the South. State laws mandating the gradual emancipation of slaves in New York and Connecticut, for example, meant that there were still small numbers of slaves in those states as late as 1827
The Civil War, once ended, did not immediately improve the lot for the freed slaves. Southern legislatures enacted Black Codes, which denied blacks equality before the law and political rights, and imposed on them mandatory year-long labor contracts, coercive apprenticeship regulations, and criminal penalties for breach of contract. Under the Reconstruction Act of 1867, the southern states were required to establish new state governments that granted voting rights to African American men. The Thirteenth Amendment (1865) abolished slavery. The Fourteenth Amendment (1868) extended to former slaves the rights of full citizenship, including the equal protection of the laws and the right to due process under the law. The Fifteenth Amendment (1870) sought to guarantee that men would not be denied the right to vote because of their race.
Several electoral results in several southern states were in dispute, preventing either Hayes or Tilden from claiming an Electoral College victory. After a special commission (consisting of members of Congress and the Supreme Court) awarded Hayes all the disputed electoral votes, Hayes became president—and promptly withdrew the federal occupation troops from the South. Ending federal occupation permitted southern states greater freedom in developing laws and policies. After 1876, in one southern state after another, self-styled conservative, white-dominated governments came to power and did everything possible to raise legal barriers to black political participation. The South practiced de jure segregation, in which state and local laws mandated discrimination and separation. Northern cities used less formal means, often labeled de facto segregation, wherein segregation was achieved through more subtle approaches
The National Association for the Advancement of Colored People (NAACP), a civil rights advocacy group founded by African Americans and their white supporters in 1909, sought to use the court pathway to attack the forms of segregation and discrimination endorsed by the Supreme Court’s decision in Plessy v. Ferguson (1896). Earl Warren felt strongly that racial segregation violated the equal protection clause. Using his leadership skills and effective persuasion, he convinced his reluctant colleagues to join a strong opinion condemning racial segregation and overturning the “separate but equal” doctrine Brown v. Board of Education of Topeka (1954): A U.S. Supreme Court decision that overturned Plessy v. Ferguson (1896) and declared that government-mandated racial segregation in schools and other facilities and programs violates the equal protection clause of the Fourteenth Amendment. In 1967, the Supreme Court struck down state miscegenation laws that prohibited people from marrying individuals of a different race ( Loving v. Virginia).
The Supreme Court analyzes equal protection cases through three different tests, depending on the nature of the discrimination alleged in the case. The three tests are strict scrutiny, intermediate scrutiny, and the rational basis test. Under strict scrutiny, the Court asks if the government has a compelling reason for the law, policy, or program that clashes with a fundamental freedom or treats people differently by “suspect” demographic characteristics (i.e., race, alienage, ethnicity)? Under intermediate scrutiny, the court asks if discrimination from a law, policy, or government practice is substantially related to the advancement of an important government interest? The rational basis test asks if the government’s law, policy, or practice is a rational way to advance a legitimate government interest?
TABLE 5.3 Three Tests for the Equal Protection Clause
Martin Luther King Jr. (1929–1968): A civil rights leader who emerged from the Montgomery bus boycott to become a national leader of the civil rights movement and a recipient of the Nobel Peace Prize. The Little Rock Nine, a group of African-American students who attempted to enroll at all-white Little Rock Central High School in Arkansas after a successful court case in 1957 Three civil rights workers in Mississippi were abducted and murdered as they sought to register African American voters.
All those Civil Rights Acts contained provisions aimed at barriers to voting. However, because they relied on litigation for enforcement, they all proved ineffective, as states frequently found new ways to discriminate. Civil Rights Act of 1964: A federal statute that prohibited racial discrimination in public accommodations (hotels, restaurants, theaters), employment, and programs receiving federal funding. The Voting Rights Act of 1965 sought to prevent the racial discrimination that limited African Americans’ access to the ballot which required officials in designated districts, primarily in southern states to obtain “preclearance” through the Department of Justice and the U.S. attorney general before making any changes in elections and voting procedures. U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.
Universal suffrage: The right to vote for all adult citizens. One of the most prominent organizations, the National Woman Suffrage Association, was founded in 1869 and led by Susan B. Anthony and Elizabeth Cady Stanton Bradwell v. Illinois had established a long-standing precedent that provided judicial endorsement of laws that discriminated against women because of their gender. In the 1970s, the Women’s Rights Project of the American Civil Liberties Union (ACLU) tried to copy the approach of the NAACP. Producing the first win in Reed v. Reed (1971), the Supreme Court overturned Idaho’s inheritance statute that mandated preferences for men; and in Craig v. Boren (1976), a majority of justices struck down an Oklahoma law that mandated a higher drinking age for men than for women.
César Chávez (1927–1993) Latino civil rights leader who founded the United Farm Workers and used nonviolent, grassroots mobilization to seek civil rights for Latinos and improved working conditions for agricultural workers.
U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.
U.S. Commission on Civil Rights, created in 1957, was given the task of investigating and reporting to Congress about discrimination and the deprivation of civil rights. U.S. Equal Employment Opportunity Commission, created in 1964, was charged with investigating complaints about illegal employment discrimination.