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S
Civil Rights in the Courts
We will summarize the evolution of civil
rights court cases and the strategy
used in these cases.11.10.2-3
Prior Knolwedge
What is emancipation?
What is segregation?
What was the Great Migration?
What were Jim Crow Laws?
Why were African Americans migrating to the North?
Rights as Citizens
Dred Scott v. Sandford Scott taken to Illinois (free state) and back to a
Missouri (slave state). Scott should have attempted to gain his
freedom while in Illinois He sued, claiming he should remain free In 1857 U.S. Supreme Court rules: AA’s could not become citizens of the United
States and had no rights to sue in the courts.
Power of federal government to prohibit slavery in new territories was limited
In 1868, the 14th Amendment gave AA the rights of citizens.
Dred Scott
CFU – What role are African Americans play in America?
Separate but Equal
Jim Crow Laws Prevented AA’s from using the same public
facilities as whites “Separate but Equal”
Plessy v. Ferguson Homer Plessy tested the law by sitting in a
“whites only” railroad car. 1/8th Black & 7/8 White
Claimed separate facilities violated equal protection clause in the 14th Amendment
Supreme Court rules: Separate facilities were legal as long as they were equal
“separate but equal” allowed segregation across the SouthCFU – What extent does skin color play in deciding race?
Separate but Equal
Brown vs. The Board of Education Oliver Brown sued the school board in Topeka, Kansas His daughter had to attend a school far away instead of one nearby for
whites only. Lawsuits from other states challenging “separate but equal” were
combined into Brown v. Board of Education
In 1954, Supreme Court ruled that segregated schools were unequal by their very nature of being separate.
Segregation and Jim Crow Laws thrown out
Schools resisted desegregation
More court orders were requiredCFU – What role does this case play in your education today?
Affirmative Action
“Affirmative action” first used by Pres. Kennedy Described programs that would favor
AA’s in jobs and college admissions
Opponents claimed the policy discriminated against more qualified whites
CFU – What is your opinion on affirmative action?
Affirmative Action
Regents of the University of California v. Bakke Allan Bakke applied to UC Davis school of medicine Rejected, even though minorities (Blacks and Hispanics) were
admitted with lower scores
In 1978, Supreme Court ruled: A rigid (tough) quota system for university medical school
admission was unfair. It had allowed race to be one factor considered for entry into the
program
Proposition 209 Passed in California in 1996 Ended state-controlled affirmative action programs Minority enrollments in California universities
dropped
Brain Drain The constitutional basis for the 1954 decision of the Supreme Court in
Brown v. Board of Education is the guarantee of (1) freedom of assembly (2) due process of law (3) state control of interstate commerce (4) equal protection of the law
The Jim Crow legal system, which expanded in the South after Plessy v. Ferguson (1896), was based on the Supreme Court’s interpretation of the (1) due process clause of the 5th Amendment (2) states’ rights provision of the 10th Amendment (3) equal protection clause in the 14th Amendment (4) voting rights provision in the 15th Amendment
Which of the following is a correct statement about the Supreme Court decision in Regents of the University of California v. Bakke? (1) It extended the scope of the Brown v. Board of Education decision. (2) It required busing to achieve integration in public schools. (3) It limited the power of the President to spend money on education. (4) It was the first limit on affirmative action programs.
Review
Describe Dred v. Scott case and its outcome.
What are Jim Crow Laws?
Describe Plessy v. Ferguson
Describe Brown v. the Board of Education
Describe Regents of the University of California v. Bakke
What is proposition 209? Describe its effects on minorities.
What is the NAACP?
What were its goals?
Who supported the NAACP?