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Civil Rights Final Outline

Civil Rights Final Outline

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Published by Theresa Calimag

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Published by: Theresa Calimag on Jun 26, 2010
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CIVIL RIGHTS REVISED OUTLINEI.INTRO TO AMERICAN RACE PROBLEM AND CIVIL RIGHTS PERSPECTIVES
a)Separate and unequal.
Protected by the Constitution and state slave laws (esp. in the South.).Ex: Article I Sec. 2 Cl.3: counted slaves as 5/3 of a person to increaseCongressional representation in a state.Article IV Sec. 2 Cl.3: fugitive slave clause which preserved slave’s status asrecoverable property even if slaves escape to “free” states.
b)Slaves nor their descendants could be citizens.
Ex.
 Dred Scott 
(slave)
v. Sanford 
:
P brought suit to assert “free slave” statuswhen D claimed his ownership of P. SC held that Scott could not be free under Article IV Sec 2 Cl 3. Case was brought back in fed court and held that P did nothave standing because P cannot be a citizen because AA were not recognized as part of “We the People” in the Const.
c)Reconstruction (1865-1877)
Amend. V: No person be deprived, without due process of law
Amend. XIII: Abolished slavery.
Amend. XIV:
o
All persons born or naturalized in the US are citizens of the state where theyreside
o
 Due Process and Equal Protection Clauses
:
 Nor shall any State deprive any person of life, liberty, or property,
without due process of law 
; nor deny to any person within its jurisdiction the
equal protection of the laws
.
This addressed the Dred Scott case regarding AA as citizensunder the Const.
Amend. XV: Right to vote must not be denied based on race, color or previouscondition of servitude.
d)Separate BUT Equal 
Jim Crow Segregation- a response to control post-slavery.
o
EX:
 Plessy
 
(1/8 AA)
v. Ferguson
:
P was 1/8 AA who sat in the white railwaycar and was then arrested for violating LA state law of 
Segregation (JimCrow).
SC held that under the separate-but-equal doctrine, separate facilitiesfor blacks and whites satisfied the Fourteenth Amendment so long as theywere equal.
Harlan’s Dissent:
 But it is difficult to reconcile that boast with a state of law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens,
our equalsbefore the law 
. The thin disguise of “equal” accommodations for  passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done
II.CIVIL RIGHTS PERSPECTIVES
CLASSICAL LIBERALISM 
is both liberal and conservative expressions. It is a belief that FEOis sound. There are two views under this paradigm.
TRADITIONALISMREFORMIS
Current civil rights laws are sufficient in
FEO is conceptually sound but
 
addressing civil rights issues
Individual rights are more important
Invented by the liberals in the Jim CrowEra
See trouble with racial differences being put above racial similarities
 No one is entitled to special treatment
Color blindness
See racial separation as internal—it is blacks own fault they are down
Affirmative action hurts—stigmatizes
“Pull yourself up by your own bootstraps”Prescription
:
 
individual self help
Looks at Family Based Programs
Equal Opportunityoperationally flawed.
Strongly disagrees with the Trads.Because RACE still MATTERS.
o
Slavery and Jim Crow continue tohave lingering effects that limitopportunity.
The goal of equal opportunity is good, butthe method to get there need to bereformed
Group rights are more important
Agree with traditionalists that equalopportunity is the key
They believe that slavery and Jim Crowhave lingering effects that effect blacks
Racism is primarily due to external factors
Internal factors do exist
Racism causes bad values within theminority communities
In favor of affirmative action
 Solution:
Collective Prescription:
Supports race-conscious measures
Sees the significance of structural barriers (institutional racism)
Difference b/w racial exclusion andinclusion in positive programs.
In favor of affirmative Action
Looks at Family Based Help
OPPOSITIONAL THEORISTS CRITICAL RACE THEORISTSLIMITED SEPARATIST
Equal opportunity fails to recognizeAmerica’s socio-economic structure is notracially neutral
Do not see internal problems and focusedmore on the external-the structure
All about power and lack of distribution of  power 
Insider/Outsider Dichotomy
o
Insider:White Males
o
Outsider: ppl of color, women,LGBT
Am. Society is fundamentally slanted infavor of insiders (white males) Not objectiv
Racism exits even w/o discriminatoryintent
 Never on the same level playing field andalways will be slanted in favor of certaingroups
White hegemony is as racist as Jim crow
See both internal and external factors thatlead to the problem
“Racial Solidarists”- seek voluntaryseparation.
Contend that liberalists are focused on thewrong problem
o
Racial integration is NOT solution
Too much faith given to racial integrationwhich is DEPENDENT on the kindness of whites
Fails to distinguish between racialsegregation and voluntary separation.
 Solution:
Equalization of governmentalfunding for black schools, etc.
Legalize govntl funding in away that does not trample rightsof other groups.
o
Ex.Public funding for traditionally black colleges
Idea of conformity and color blind rhetoric:
 
era whites
 Solution:
since prob is external, so is sol.
o
Distribute benefits: STRONGAFFIRMATIVE ACTION programs
o
More extreme but normally focusedon affirm. Action
o
Reformism will never work b/cintegration won’t work b/c whiteswill never give up their privilege.whiteness is a standard-harmful to thecommunity
Racial solidarity fosters strong minoritycommunity
Traditionalists:
takes an individual,
 Reformists:
it takes a family,
Critiical:
community needshelp by external factors,
 Limited Separatists:
it takes a village
EDUCATIONa)Separate But Equal Doctrine
i)14
th
Amendment: NO VIOLATION(1)
 Roberts v. City of Boston (1849)-
City of Boston had separate schools for whitesand blacks.
HELD:
that city could legally maintain segregated schools b/c allraces were provided schools and that it is w/in purview of school commission todetermine how to arrange, classify and distribute pupils.(2)
Cumming v. Richmond Board of Education (1899)
-first case to apply SBEdoctrine –Blacks were paying taxes to fund schools and black schools got closedfor lack of funding.
HELD:
 Not a violation of 14th Amendment b/c publictaxation (funding for schools) are shared by all citizens w/o discrimination againstclass or race. A matter for States to decide. Unless the act is egregious, fed govntis not going to meddle.(3)
Gong Lum v. Rice
- A Chinese girl sued bc she had to go to black schools andchallenged whether a Chinese person is colored.
HELD
: Not a violation of 14
th
Amendment. US born, Chinese descent citizen is not denied equal protection by being classified by state as colored and segregated from white children becauseequal facilities are provided to both white and colored.ii)14
th
Amendment: VIOLATION(1)
Clark v. Board of Education-
 
Separate schools for blacks and whites.
HELD
:that the IA const required schools for the education of 
all the youths
of the stateand all races were to attend same schools because const “all youths” showedintent to educate all State’s children together.(2)
 Pearson v. Murray
-Thurgood Marshall’s 1
st
major civil rights case. Black manapplied to Maryland law school but rejected on basis of race. No law school for  blacks in Maryland though they offered scholarship to go to out of state school
.
“Equality of treatment does not require that privileges be provided members of the two races in the same place.” But, did require that “separation of the racesmust nevertheless furnish equal treatment.”
 
Cost for him to move to closest one inDC made the scholarship plan unequal and no separate school for him to attend inMaryland.
HELD:
Violated 14
th
Amendment. Ordered that black man be admittedinto the school.
 
Prior to this no precedent for court ordered integration in anyAmerican court.(3)
 MO ex rel Gaines v. Canada
-Black man was trying to get into law school, MShad no law school for blacks. He was offered a scholarship for a law school inanother state.
HELD
: Violation of 14th Amendment bc there had to be a lawschool for blacks in MS; separate but equal is ok just has to be “equal”.

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