part iii: extending equal rights to all citizens 1791 - present
TRANSCRIPT
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Part III: Extending Equal Rights to All Citizens
1791 - present
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December 1791
- The states have established their independence from Britain, and have become one nation.
- The U.S. Constitution has been ratified by all 13 of the states.
- A bill of rights, in the form of amendments 1 – 10, has been added to the U.S. Constitution.
- Who benefits fully from these rights and the right to self-determination (civil and political rights)?
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Who is still not treated like a person?
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Who is (or can become) a citizen?
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Who is a citizen but still disenfranchised?
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Who has the power to change this?
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Within the governmental framework set up by the U.S. Constitution, what mechanisms for change exist?
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What kinds of things will ordinary citizens do, to push for equal rights?
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Major rights movements in the 19th and 20th centuries
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How did the U.S. end slavery?
1787: compromises made in the U.S. Constitution just pushed back the decision1789 - 1850s: efforts focused on keeping “balance” between slave and non-slave states and territories through laws and “compromises” deeper passions on each side1830s – 1850s Abolitionist movement grew but…1857: Sup. Court decision in Dred Scott case: - blacks are not and could not become citizens and
therefore had no rights in court- Congress cannot outlaw slavery in the territories
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Once the Supreme Court rules on an issue, what options are left?
- pass new laws (at national or state level) and manage to enforce them without having them challenged
- get a constitutional amendment- get a new case to go through the courts, up to
the Supreme Court, and hope that a majority of the justices will be willing to overturn a prior decision of the court
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With respect to slavery, did any of these things happen?
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With respect to slavery, did any of these things happen?
No, instead the U.S. went to war (Civil War).
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Key milestones
- 1860 Civil war begins- 1863 Emancipation Proclamation (an executive order, by A. Lincoln)- 1865 War ends (Union wins).
13th Amendment is passed.Rebel states required to ratify it.
- 1868 14th Amendment - 1870 15th Amendment
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13th Amendment
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14th Amendment
- Section 1:- Anyone born or naturalized in U.S. is a citizen of
the nation and of the state where they live.- States cannot:
- make/enforce laws that limit citizens’ freedoms/rights- take away anyone’s life/liberty/property without going
through fair process (law enforcement + courts)- fail to apply laws consistently and fairly to people living
in their state, in recognition of their rights as citizens
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14th Amendment
Sections 2-4 were to resolve issues left by Civil War:
2: how will population be recounted without 3/5ths compromise; who can vote; what happens if an eligible person is denied suffrage3: who can run for office4: whose war-related debts are legitimate
5: Congress has the power to enforce this!
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15th Amendment
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Further milestones- 1865 – 1877: Reconstruction- 1875 – 1896: tug of war between Congress, southern states
and Supreme Court- 1875: Congress passes Civil Rights Act, but Supreme Court
in 1883 weakens it by saying it doesn’t apply to individuals- 1870s: Sup. Ct sees STATES, not fed. govt, as responsible
for enforcing “equal protection clause” of 14th Amendment
- 1896: Sup. Ct decision in Plessy v. Ferguson: “having separate but equal” facilities for racial groups does not violate the rights of people of color (non-whites)
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What happened as a result of the stance taken by the federal govt
(esp. Supreme Court)?
- Rise of “black codes” and “Jim Crow” laws - Failure to ensure “equality” in public facilities - Failure to prosecute “vigilante” justice (attacks, lynchings) and white supremacist acts
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“de jure” segregation by race
• Where was it evident?
• How long did this last?
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How did advocates of the rights of African-Americans respond?
- Early 1900s formation of organizations like NAACP, writings by W.E.B. DuBois and others,anti-lynching movement led by Ida Wells-Barnett
- 1916 – 1919 Patriotism of African-American soldiers in World War I (despite segregation of troops by race and attacks on return home)
- 1930s Willingness of individuals to challenge color lines by applying to universities, to file lawsuits
- 1940s Successful appeals to Presidents (Roosevelt in 1941, Truman in 1948) to end segregation within defense industry and military via executive order
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What finally opened the door to the modern civil rights movement?
- 1954 Supreme Court: Brown v. BOE: “separate” is never equal; segregation in public education is unconstitutional because it denies equal protection under the law to children who are not white (contrary to 14th Amendment); Plessy v. Ferguson is overturned
1955 – mid 1970s modern civil rights movement picks up momentum
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Civil rights milestones after 19541955: Montgomery bus boycott (followed in 1956 by Supreme Court decision outlawing segregating seating on buses)1957 – 1963: resistance to desegregation of schools and transportation, non-violent protest, violence against civil rights leaders and citizens, incl. children
1963: March on Washington, MLK “Dream” speech, assassination of JFK1964: Civil Rights Act (against discrim.employment + public accommodations) 24th Amendment (poll taxes)1965: Selma to Montgomery march for voter registration Voting Rights Act: federal gov’t allowed oversight of elections Malcolm X assassinated1968: Civil Rights Act (against discrimination in housing) RFK and MLK assassinated1971: Supreme Court rules that federal courts can order busing of children in order to desegregate schools1970s – 1980s: continued efforts to desegregate schools, neighborhoods, etc.
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Evidence of continued racial segregation and discrimination?
• “de facto” vs. “de jure” segregation• racial profiling• unequal rates of incrimination and
incarceration• affirmative action and arguments against it
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Other movements inspired by the push for African-Americans’ civil rights