CIVIL RIGHTS:CIVIL RIGHTS:An “American Dilemma”An “American Dilemma”

Cont’dCont’d

October 8, 2002October 8, 2002

The Context of the Civil Rights The Context of the Civil Rights StruggleStruggle

the American civil warthe American civil war civil rights (1863-1875)civil rights (1863-1875) the development of legal segregation (1883-the development of legal segregation (1883-

1896)1896) Jim Crow (1900-1950)Jim Crow (1900-1950)

The American Civil War – The The American Civil War – The OutcomeOutcome ““The end of the Civil War solved the problem The end of the Civil War solved the problem

of slavery and started the problem of the blacks, of slavery and started the problem of the blacks, which is with America still. Everyone, from which is with America still. Everyone, from Jefferson to Washington onwards, and including Jefferson to Washington onwards, and including Lincoln himself, had argued that the real Lincoln himself, had argued that the real problem of slavery was not ending it but what to problem of slavery was not ending it but what to do with the freed blacks afterwards.”do with the freed blacks afterwards.”

Paul Johnson, Paul Johnson, A History of the American PeopleA History of the American People

The Beginning of the “American The Beginning of the “American Dilemma”Dilemma”

the Gettysburg address (Abraham Lincoln, the Gettysburg address (Abraham Lincoln, 1863)1863)– the ‘great task before us’the ‘great task before us’

» a country dedicated to the proposition that “all men are a country dedicated to the proposition that “all men are created equal”created equal”

» ““government of the people, by the people, for the people”government of the people, by the people, for the people” including the Southincluding the South reconstitution of state governmentsreconstitution of state governments

– new state governments signaled immediately that new state governments signaled immediately that blacks would not be treated as equalsblacks would not be treated as equals

Civil Rights (1863-1875)Civil Rights (1863-1875)

Voting Rights Act (1870)Voting Rights Act (1870)– act to enforce the 15act to enforce the 15thth Amendment Amendment

Civil Rights Act (1875)Civil Rights Act (1875)– entitlement to full and equal enjoyment of public entitlement to full and equal enjoyment of public

accommodations and entertainmentaccommodations and entertainment precursors to 1960s civil rights legislationprecursors to 1960s civil rights legislation

– Civil Rights Act (1964)Civil Rights Act (1964)– Voting Rights Act (1965) Voting Rights Act (1965)

how is this possible??how is this possible??

The Development of Legal The Development of Legal Segregation (1883-1896)Segregation (1883-1896)

Supreme Court decisionsSupreme Court decisions– Voting Rights Act (1870)Voting Rights Act (1870)– Civil Rights Act (1875)Civil Rights Act (1875)

» limited to official acts not private citizens (1883)limited to official acts not private citizens (1883)

Forms of DiscriminationForms of Discrimination

different forms of discrimination at issuedifferent forms of discrimination at issue– overt discrimination by the stateovert discrimination by the state

» segregationsegregation

– implicit discrimination by the stateimplicit discrimination by the state» eg. voting rightseg. voting rights

» e.g. defining primaries as private (not public)e.g. defining primaries as private (not public)

– systemic discriminationsystemic discrimination» not direct discrimination by the statenot direct discrimination by the state

» often primarily in the private realmoften primarily in the private realm

» effects are the same -- segregationeffects are the same -- segregation

The Development of Legal The Development of Legal Segregation (1883-1896)Segregation (1883-1896)

Supreme Court decisionsSupreme Court decisions– Voting Rights Act (1870)Voting Rights Act (1870)– Civil Rights Act (1875)Civil Rights Act (1875)

» limited to official acts not private citizenslimited to official acts not private citizens

Plessy vs. Ferguson (1896)Plessy vs. Ferguson (1896)– ““separate but equal”separate but equal”

Jim Crow (1896-1950)Jim Crow (1896-1950)– legal, government enforced, court supported (e.g. legal, government enforced, court supported (e.g.

constitutional) segregation based on raceconstitutional) segregation based on race

Roots of the Segregated SystemRoots of the Segregated System

institutional supports of segregationinstitutional supports of segregation– state imposed segregationstate imposed segregation– federal segregationfederal segregation

» esp. armed forcesesp. armed forces

– Supreme Court and the ConstitutionSupreme Court and the Constitution

Roots of the Segregated SystemRoots of the Segregated System

societal support for segregationsocietal support for segregation– southern landed aristocracysouthern landed aristocracy– poor southern whitespoor southern whites

» segregation and social statussegregation and social status

» segregation and the segregated labour marketsegregation and the segregated labour market

– challenges to segregation were seen to tear at the challenges to segregation were seen to tear at the very fabric of white southern societyvery fabric of white southern society

The Supreme Court and Civil The Supreme Court and Civil RightsRights

the Supreme Court prior to 1954the Supreme Court prior to 1954– how did such blatant discrimination exist under the how did such blatant discrimination exist under the

Bill of Rights and in full view of the Supreme Bill of Rights and in full view of the Supreme Court?Court?

– with the support of the Court!!with the support of the Court!! Why did the civil rights movement turn to the Why did the civil rights movement turn to the

courts in the 1950s?courts in the 1950s?» they had nowhere else to go!they had nowhere else to go!

» recognition that Supreme Court could be made to respond recognition that Supreme Court could be made to respond to forces of change...to forces of change...