Chapter 16

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Two Conceptions of Equality

Equality of opportunity: people should have an equal chance to develop talents and rewarded equitably

Equality of outcome: greater uniformity in social, economic, and political power among different social groups

Invidious discrimination versus benign discrimination

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Civil Rights Powers and privileges guaranteed to

the individual and protected from arbitrary removal by government or other persons

Constitutional amendments and related laws passed to guarantee civil rights after the Civil War Actual rights not a reality until mid-20th

century4

The Civil War Amendments

Thirteenth Amendment passed in 1865 Neither slavery nor involuntary servitude…

shall exist within the United States, or any place subject to its jurisdiction.

Fourteenth Amendment passed in 1869 All persons born or naturalized in the

United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

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The Civil War Amendments

Fourteenth Amendment also prohibits states from abridging the privileges or immunities of citizens of the United States, or depriving any person of life, liberty, or property, without due process of law.

Amendment also guarantees equality: No state shall deny to any person within

its jurisdiction the equal protection of the laws.

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The Civil War Amendments

Fifteenth Amendment adopted in 1870 to add political equality: The right of citizens of the United States to

vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

These three amendments granted constitutional equality to blacks Actual equality sometimes thwarted by

courts 7

Congress and the Supreme Court:

Lawmaking Versus Law Interpreting

Congress passed a civil rights act in 1866 to counteract states’ black codes

Some provisions in force today Supreme Court rulings weakened or

overturned other provisions Several rulings based on idea that

states not obligated to honor rights granted by U.S. citizenship

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Voting Rights Supreme Court ruled Fifteenth

Amendment did not guarantee right to vote

Some states passed nonracial laws that effectively denied black men voting rights Poll tax Literacy tests Minimum education requirements “Grandfather clause”

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The Roots of Racial Segregation

Well before Civil War, blacks lived separately from whites

After the war, southern states passed Jim Crow laws to reinforce segregation

Plessy v. Ferguson (1896) upheld state-imposed racial segregation Established separate-but-equal doctrine

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Separate and Unequal

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The Dismantling of School Segregation

National Association for the Advancement of Colored People (NAACP) founded in 1909 to try other means to access political power

First idea pursued: pressing for fully equal facilities for blacks

Second area of attack: prove unconstitutionality of segregation

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Pressure for Equality… Beginning in the 1920s, a few

Supreme Court cases offered hope for future changes University of Missouri and

University of Texas law schools ordered to admit black students

However, separate-but-equal doctrine not revisited

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…and Pressure for Desegregation

President Harry S Truman established the President’s Committee on Civil Rights in 1947 Committee’s report became agenda for

civil rights movement Truman also desegregated armed

forces The U.S. Department of Justice began

submitting briefs in support of civil rights

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Brown v. Board of Education

Began as one case asserting a black child’s right to attend white school close to her home Federal District court ruled black and

white school facilities equal and denied request

At Supreme Court level, four other cases merged to form class action suit

Ruling on first Brown case declared “separate educational facilities are inherently unequal”

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Anger Erupts in Little Rock

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Implementation of Brown Ruling

Brown v. Board of Education II (1955) ruled schools must desegregate “with all deliberate speed”

Some states complied; others did little to desegregate

Supreme Court ruled desegregation should happen “at once” in 1969

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School Integration Several paths to integration approved:

Busing Racial quotas Paring or grouping of noncontiguous

school zones Swan v. Charlotte-Mecklenburg County

Schools said lower courts could order busing

These methods only dealt with de jure segregation, not de facto segregation

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The Civil Rights Movement

NAACP’s efforts led to Supreme Court decisions outlawing whites-only primaries and declared segregation on interstate bus routes unconstitutional

Dwight D. Eisenhower’s presidency did little to support civil rights

Political mobilization of the people became the civil rights movement

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Civil Disobedience Rosa Parks violated a Montgomery,

Alabama law when she sat down in the “whites only” portion of a bus and was arrested when she refused to move

Montgomery’s black community called for a boycott of the bus system

Martin Luther King, Jr., urged blacks to continue boycott despite harassment

Eventually federal court ruled segregated transportation systems unconstitutional

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Civil Disobedience MLK founded the Southern Christian

Leadership Conference (SCLC) Group advocated nonviolent means

to bring attention to racial issues Black students sat at whites-only lunch

counter Supreme Court upheld actions of

demonstrators

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The Civil Rights Act of 1964

1961: John F. Kennedy became president 1962-1963: President Kennedy took

actions to enforce desegregation at universities in the South Also asked Congress for civil rights

legislation President Kennedy assassinated

November 22, 1963 Lyndon B. Johnson became president

Considered civil rights top legislative priority Result was Civil Rights Act of 1964

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When Leaders Confer

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The Civil Rights Act of 1964

Entitled all persons to “full and equal enjoyment” with regard to public accommodations

Established employment equality rights

Strengthened voting rights laws Created Equal Employment

Opportunity Commission (EEOC) Federal funds not to be awarded to

programs that discriminate24

The Civil Rights Act of 1964

Supreme Court upheld challenge to law, ruling Congress has ability to regulate interstate commerce First of many rulings broadening

federal power based on Commerce Clause

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President Johnson’s “Great Society”

Twenty-fourth Amendment (ratified in 1964)

Economic Opportunity Act of 1964

Voting Rights Act of 1965 Fair Housing Act of 1968

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The Continuing Struggle over Civil Rights

Civil rights laws do not ensure compliance

Supreme Court’s ruling in Grove City College v. Bell (1984) frustrated enforcement efforts Ruling led to Civil Rights Restoration Act of

1988 Supreme Court’s subsequent rulings

limited scope of civil rights laws In one, restricted minority contractor set-

asides Congress responded with Civil Rights Act of

1991 27

Racial Violence and Black Nationalism

Violence on both sides of civil rights movement increased in mid and late 1960s Violence against civil rights workers primarily

confined to the South Northern blacks in inner cities rioted, especially

after Martin Luther King’s assassination in 1968 Lack of progress towards equality led to

black nationalist movement, with some positive results Malcolm X leading voice of Nation of Islam until

assassination in 1965 Stokely Carmichael, chair of Student Nonviolent

Coordinating Committee, called for “black power” 28

Civil Rights for Other Minorities

Recent court decisions and civil rights laws expand protections to all minorities

1987 Supreme Court decision expanded interpretation of Civil Rights Act of 1866 Covers discrimination related to jobs,

rental housing, and other prohibited discrimination

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Native Americans Government relations with native

Indians in 18th and 19th centuries denied political and social rights Broken promises sometimes led to

violence Early 20th century policies promoted

assimilation Indians received citizenship in 1924 Native land holdings continued to

shrink30

Native Americans Frustration with U.S. policies led to

militant action in late 1960s and early 1970s Seizure of Alcatraz Island Hostages at Wounded Knee, South

Dakota Some land returned in 1970s Some awards by Supreme Court Establishment of casinos on

reservations31

Immigrant Groups Statue of Liberty icon symbolizing

U.S. as nation of immigrants However, until 1965, immigration

laws discriminatory Quota systems 1965 law designed to reunite families,

leading to “chain migration” Did not address illegal immigration

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Illegal Immigration Demand for cheap labor drives

illegal immigration 1986 law set fines for hiring

illegal immigrants Also offered amnesty to resident

illegal immigrants Lax enforcement and fake “green

cards” doomed law’s strategies33

Figure 16.1

Illegal Immigrants in the United States, 2009

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Illegal Immigration By 2006, over 11 million illegal

immigrants lived in U.S.; politicians called for immigration reform Burden on public services Threat to national security But, do pay Social Security with no return

Immigrant organizers sponsored non-violent demonstration opposing some proposals

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Strolling Protest

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Illegal Immigration Illegal immigrants easy targets for those

frustrated by economic downturns Arizona passed the Support Our Law

Enforcement and Safe Neighborhoods Act in 2010, the strictest in nation State crime to be illegal immigrant Aliens must carry documentation Police to determine immigration status Steps up enforcement Penalties for helping or hiring illegal

immigrants37

Latinos and Hispanics Many immigrated to Southwest to

work in agriculture Most faced poverty and

discrimination Many left country during Great

Depression, but numbers in U.S. increased again during WWII Minority farm workers in California lived

in poverty, as did workers in cities

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Latinos and Hispanics Cesar Chavez led United Farm Workers

union in strike against growers in 1965 Wanted better pay, working conditions,

and housing for farm workers In 1970s and 1980s, immigration from

countries other than Mexico and Puerto Rico increased Discrimination compounded by

population’s difficulties learning and using a new language

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Latinos and Hispanics Language barriers result in lower voter

registration and turnout for Hispanics Nine majority-minority districts created

to increase representation Under scrutiny by Supreme Court

Recent years have seen growing Hispanic political power More elected officials at all levels of

government Appointment of Sonia Sotomayor to

Supreme Court 40

Americans with Disabilities

After over 20 years of struggle, Americans with Disabilities Act (ADA) passed in 1990 Extents protections of Civil Rights Act

of 1964 to many categories of disabilities

Question of “what is the meaning of disability?” complex Original definition vague

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Homosexual Americans Police raid of Stonewall Inn in 1969

and subsequent riots sparked gay liberation movement

National Gay and Lesbian Task Force (NGLTF) lobbied for gays to serve in public employment Founded Legislative Lawyering Program

Human Rights Campaign founded in 1980

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Homosexual Americans Significant progress made since 1970s

Two homosexual members of 110th Congress

But still do not enjoy all laws protecting other minority groups

Military’s “don’t ask, don’t tell” policy established by Clinton administration remains controversial

Domestic partner benefits not uniform

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Homosexual Americans Same-sex marriages another issue

Massachusetts Supreme Court ruled same-sex couples could marry in 2003

At least 37 states prohibit same-sex marriages

California battle regarding same-sex marriage began in 2000

Supreme Court’s decision in Boy Scouts of America v. Dale (2000) highlights conflict between freedom and equality

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Gender and Equal Rights:The Women’s Movement

Women’s movement a fight against protectionism

Demand for women’s rights began with abolition movement Courts consistently upheld protectionist

laws Supreme Court 1991 ruling struck down

a company’s fetal protection policy as discriminatory

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Political Equality for Women

Women’s suffrage movement began in late 1800s Susan B. Anthony convinced a senator to

introduce constitutional amendment supporting voting rights for women in 1878

Police arrested 218 women picketing the White House, demanding right to vote

Nineteenth Amendment passed in 1920

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Political Equality for Women

Even after passage of Nineteenth Amendment, protectionist employment attitudes and policies continued Fewer educational opportunities Fewer employment opportunities Lower wages

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Gender Quotas for Representatives

in Lower Legislative Houses Several countries mandate quotas for

election of women to public office Some written into constitutions; others

are statutes or even quotas set by political parties

Some are quotas for candidates; others are quotas for those actually elected

Mixed results Quotas most effective in proportional

representation systems 48

Politics in a

Changing World

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Politics in a Changing World

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Prohibiting Sex-Based Discrimination

Equal Pay Act of 1963 advanced pay equality but did not overturn other protectionist state laws

Civil Rights Act of 1964 also prohibited sexism

Title IX of the Education Amendments of 1972 prohibited sex discrimination in federally aided education programs

Revenue Act of 1972 established child care tax credits

Lilly Ledbetter Fair Pay Act of 2009 a response to 2007 Supreme Court ruling regarding pay discrimination

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Obama Signs Equal-Pay Legislation

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Stereotypes Under Scrutiny

Beginning in early 1970s, Supreme Court began ruling against gender-based protectionism

In 1976, Court established standard: gender-based distinctions justifiable only if they serve some important government purpose

However, courts reluctant to address concept of comparable worth

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Stereotypes Under Scrutiny

Courts do support applying constitutional guarantees won by blacks to women

No discrimination in jury selection The Virginia Military Institution’s (VMI)

men-only admissions policies overturned in United States v. Virginia Distinctions based on sex almost as

suspect as discriminations based on race54

The Equal Rights Amendment

The Supreme Court has not extended the protections of the Fourteenth Amendment beyond issues of race

An equal rights amendment (ERA) was introduced in 1923 Finally approved by Congress in 1972 The ERA died in 1982, three states

short of adoption55

Why did the ERA fail? Proponents made national

campaign; opponents, a state-based campaign

Proponents exaggerated effects; opponents capitalized on fears of those effects

Despite ERA’s failure, ratification movement provided many benefits for women

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Affirmative Action: Equal Opportunity or Equal

Outcome? Affirmative action programs

designed to overcome effects of present and past discrimination Goal is to move beyond equality of

opportunity to equality of outcome Numerical or percentage goals most

aggressive form Also includes increased recruitment

efforts57

Affirmative Action Proponents believe quotas provide

opportunities to groups so discriminated against that they can’t take advantage of equal opportunities Seldom explicitly legislated Government-mandated policies began

in 1965 with Office of Federal Contract Compliance

Opponents believe quota programs can lead to reverse discrimination or benefits to less-qualified applicants

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How Others Struggle with Affirmative Action

India has “positive discrimination” policies, which have resulted in increased tensions between upper and lower castes

Brazil’s racial quotas difficult to apply because 42 percent of population racially mixed

Critics claim South Africa’s policies benefit only senior members of the ruling African National Congress

Majoritarian and pluralist models approach solutions differently

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Reverse Discrimination Supreme Court decision in Regents of the

University of California v. Bakke said race could only be “plus” factor for admissions

Groups opposed to affirmative action took other situations to court, with mixed results Gratz v. Bollinger Grutter v. Bollinger Community Schools v. Seattle School District

No. 1

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Affirmative Action Arena

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The Politics of Affirmative Action

Survey results not surprising: blacks favor affirmative action and whites do not

So, how do we account for persistence of equal outcome policies? Politicians want votes, so expand number

of protected groups and benefits provided Many Americans view programs as a

violation of personal freedoms

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