Greenberg13e PPT Ch16

The Struggle for Democracy
Thirteenth Edition, 2020 Presidential Election Edition
Chapter 16
Civil Rights: The Struggle
for Political Equality
Copyright © 2022, 2020, 2018 Pearson Education, Inc. All Rights Reserved
Learning Objectives
16.1 Trace the evolution of civil rights protections for racial
minorities and women prior to 1900.
16.2 Assess the evolving status of civil rights protections for
racial and ethnic minorities since 1900.
women since 1900.
LGBTQ+ individuals.
Stop the Violence
Learning Objective 16.1
Trace the evolution of civil rights protections for racial

minorities and women before 1900.
The Status of Civil Rights
Before 1900
 An Initial Absence of Civil Rights in the
Constitution
 Civil Rights After Ratification of the Civil War
Amendments
An Initial Absence of Civil Rights
in the Constitution
 Equality in the early republic
■ Constitution does not contain word “equality”
 African Americans
■ Slavery
■ Restricted from some occupations
■ Could not serve on juries
 Women
■ Could not vote
■ Could not serve on juries in many states
■ Could not own property or enter contracts in a few states
Advocate for Women’s Rights
Journal 16.1: Advocate for
Women’s Rights
Why did it take so many years of outspoken activism

for women finally to be granted the right to vote?
Civil Rights After Ratification of the Civil
War Amendments (1 of 2)
 Thirteenth Amendment
■ Outlawed slavery
 Fourteenth Amendment
■ Privileges or immunities clause
■ Due process clause
■ Equal protection clause
 Fifteenth Amendment
■ Voting for formerly enslaved people
Civil Rights After Ratification of the
Civil War Amendments (2 of 2)
 Undermining the Civil War amendments
■ Court did not enforce 14th and 15th Amendments
■ Jim Crow and segregation
■ Undermining voting
■ Poll tax
■ Literacy test
■ Grandfather clause
■ White primaries
■ Violence/terror
 Women and the Fifteenth Amendment
Table 17.1 Items from the Alabama
Literacy Test (1 of 2)
1. A person appointed to the U.S. Supreme Court is appointed for a term of
__________.
2. If a person is indicted for a crime, name two rights which he has.
3. Cases tried before a court of law are what types: civil and __________.
4. If no candidate for president receives a majority of the electoral vote, who
decides who will become the president?
5. If no person receives a majority of electoral vote, the vice president is chosen
by the Senate. True or False?
6. If an effort to impeach the President of United States is made, who presides
at the trial?
7. If the two houses of Congress do not agree to adjournment, who sets the
time?
8. A president elected in November takes office the following year on what date?
Table 16.1 Items From the Alabama Literacy
Test (2 of 2)
9. Of the original 13 states, the one with the largest representation in the first
Congress was _________.
10. The Constitution limits the size of the District of Columbia _________.
Answers: (1) good behavior; life; (2) jury trial, protection against self-
incrimination, right to counsel, speedy trial, protection against excessive bail; (3)
criminal; (4) the House of Representatives; (5) true; (6) the chief justice of the
Supreme Court; (7) the president; (8) before 1933, March 4; after 1933, January
20; (9) Virginia; (10) not to exceed ten miles square.
SOURCE: Alabama Literacy Test and Answers http://www.socialstudies.org/system/files/publications/

se/6006/600604.html https://www.pbs.org/newshour/extra/app/uploads/2013/11/constitutiontest.pdf; and
https://www.pbs.org/newshour/extra/app/uploads/2013/11/alabamatestanswers.pdf.
Jim Crow
Journal 16.2: Jim Crow
Should states have been left alone to address how to

change Jim Crow, or was federal intervention
essential?
Assess the evolving status of civil rights protections

for racial and ethnic minorities since 1900.
The Contemporary Status of Civil Rights
for Racial and Ethnic Minorities
 The End of Government-Sponsored

Segregation and Discrimination
 The Beginning of Government-Sponsored
Remedies to Right Past Wrongs
The End of Government-Sponsored
Segregation and Discrimination
 Suspect classification
 Strict scrutiny
 Chipping away at “separate but equal”
 The slow demise of segregation
 Brown v. Board of Education
 Resistance to integration
 Civil rights movement
Grudging Integration
Journal 16.3: Grudging Integration
When a federal court ordered the University of Oklahoma
to admit a qualified Black applicant to its Ph.D. education
program in 1948, the university did so, but forced the
lone student to sit separate from other students. Would a
college or university today be able to discriminate
against racial minorities in a similar manner?
If not, can you think of other ways that discrimination
continues in higher education but in more subtle and less
obvious ways, or are we pretty much past that?
The Beginning of Government-Sponsored
Remedies to Right Past Wrongs (1 of 3)
 De jure versus de facto discrimination

 Discrimination in law
 Discrimination in practice
 Passage of the 1964 Civil Rights Act
 Bans a range of discriminatory practices
 Passage of the 1965 Voting Rights Act
 Bans a range of discriminatory voting practices
 Preclearance
 Shelby County v. Holder (2013)
 De jure discrimination has declined
The NAACP
The March on Washington
 De facto discrimination remains

 Treatment by police
 Laws that do not specifically target race
 Hostility toward Arab Americans and Muslims
Stop and Frisk
Journal 16.4: Stop and Frisk
Can you suggest ways that crime might be reduced

without discriminatory outcomes?
 Affirmative action
 Origins of affirmative action
 Eradicating poverty
 Why affirmative action?
 Public opinion on affirmative action
 Reverse discrimination
 Supreme Court on affirmative action
 No racial quotas
 Race cannot be only criterion
Opening the Construction Trade
Journal 16.5: Opening the
Construction Trade
Do you believe that affirmative action should be used

to increase diversity in all areas of American life, or
used only as a tool to compensate for specific
discriminatory practices?
Or do you believe that affirmative action programs are
never justifiable because they discriminate against
people today who are not in a "protected class?"
Defend your answer.
Figure 16.1 Applying the Framework: Why Has the Supreme Court
Dramatically Narrowed the Scope of Affirmative Action Programs?
(1 of 2)
Figure 16.1 Applying the Framework:
Structure
• Culture: Americans have long supported individual, but not
group, rights.
• Economy: Economic difficulties among White Americans without

college degrees begins in the 1980s and escalate after that as
automation and offshoring of manufacturing jobs accelerate,
fueling opposition to affirmative action.
• History: Affirmative action gradually changes from remedying

specific harms in specific institutions and economic sectors to
aiming to end societal discrimination and increase diversity.
• History: Affirmative action programs affecting government

contractors started under Richard Nixon as a way to remedy past
discriminatory policies in the building industry that harmed racial
and ethnic minorities.
• Constitution: Equal protection guaranteed by Fourteenth

Amendment bans discrimination against groups but offers no
remedies for past discrimination.
Political Linkage
• Parties and Elections: Anti-government
conservatives make big gains in the Republican
Party beginning in the 1980s; Tea Party gains in
2008 and 2010 election cycles. The GOP makes
opposition to affirmative action a plank in their
convention platforms.
• Public Opinion: Polls indicate that a White majority
believes the main goals of the civil rights movement
have been achieved. Also, polls show support for
anti-discrimination laws but not for laws and
programs that advantage racial and ethnic
minorities or women.
Government
• Courts: The slim majority in favor of affirmative
action on the Court ends when Sandra Day
O’Connor, who was willing to break with
conservatives on civil rights issues, retires in 2006.
• President and Senate: George W. Bush nominates
and the Senate confirms the appointment of strong
conservative Samuel Alito to fill the O’Connor seat.
Action
• Supreme Court Rulings: Between 2006 and 2016,
the Court issued a number of rulings limiting
affirmative action.
Figure 16.1 Applying the Framework: Why Has the Supreme Court
Dramatically Narrowed the Scope of Affirmative Action Programs?
(2 of 2)

for women since 1900.
The Contemporary Status of Civil
Rights for Women
 Beyond Voting
 The Court’s Doctrine of Intermediate Scrutiny
 Abortion Rights
 Hostile Work Environments, Sexual
Harassment, and Sexual Assault
 The Status of American Women by Comparison
Leaning In
Journal 16.6: Leaning In
What do you make of Sheryl Sandberg's argument in

her book, Lean In: Women, Work, and the Will to Lead?
Is she right?
Is it relevant to all women or only to highly-educated
professional women as her critics claim?
Intermediate Scrutiny
 Intermediate scrutiny
 Craig v. Boren (1976)
 Somewhat suspect classification
 Substantially related to an important objective
 Falls short
 Changing attitudes, not laws
 Social attitudes evolving
 Women outnumber men in higher education
Figure 16.2 Percentage of Elective
Offices Held by Women
SOURCE: Data from Center for American Women and Politics, Rutgers University
Critical Thinking 16.1: Percentage of
Elective Offices Held by Women
How has the share of women serving in elected office

changed over the past few decades?
What do you think might account for these changes?
Why do you think there are still substantially more
men serving in elected office than women?
Women Athletes
Journal 16.8: Women Athletes
Would something analogous to Title IX be useful to

women's advancement in other areas of American life
or does it seem appropriate only to sports?
Abortion Rights
 Equal protection of privacy?
 Roe v. Wade (1973)
 Addressed in previous chapter
Hostile Work Environments, Sexual
Harassment, and Sexual Assault
 Workplace harassment a major problem
 33% of women claim harassment
 11,000 complaints to EEOC (16 percent filed by men)
 Taken seriously by corporations today
 Increase in awareness has led to increase in
legislation
Protesting the New President
Harassment Allegations
American Women by Comparison
 American women do not fare well by
comparison
 Rank 17th on glass-ceiling index
Figure 16.3 Index of Women’s Status
and Well Being
SOURCE: Data from The Economist.

for LGBTQ+ individuals.
The Contemporary Status of Civil
Rights for LGBTQ+ Individuals
 Congressional and Presidential Action
 Supreme Court Rulings
 Public Opinion on LGBTQ+ Rights
Gay and Lesbian Rights (1 of 2)
 Congressional and presidential action on gay
and lesbian rights
 Defense of Marriage Act
 “Don’t ask, don’t tell”
🞑 The Supreme Court on gay and lesbian rights

 Anthony Kennedy
 DOMA unconstitutional
 Bans on same-sex marriage unconstitutional
LGBTQ+ People in the Military
Journal 16.8: LGBTQ+ People
in the Military
Do you believe that more friendly Pentagon policies

toward lesbian and gay personnel was a result of the
LGBTQ movement outside the military, or was it a
contributing factor in pushing civil rights protections
for these Americans in society at large?
What effects might President Trump’s barring of
transgender people from serving in the military have
on LGBTQ civil rights?
Same Sex Marriage Is Legalized
LGBTQ Plaintiffs Win at the Supreme
Court
Gay and Lesbian Rights (2 of 2)
 Public opinion on gay and lesbian rights
 Dramatic change in public opinion
 Number of factors that explain change
 Gay rights movement
 Sympathetic treatment in popular culture
 Increases in education
Figure 16.4 Public Opinion About
Same-Sex Marriage, 2003–2016
SOURCE: Pew Research Center, “Attitudes on Same-Sex Marriage,” May 14, 2019.
Shared Writing (1 of 2)
Fulfilling the promise of making “equal protection” a reality for all Americans required federal
government intervention and oversight with respect to the states of the former Confederacy. Passed
in the wake of the Civil War, the Fourteenth Amendment was intended to make formerly enslaved
males full citizens of the United States and of the states in which they lived, with all the rights and
privileges of other citizens.
Beginning in 1877, when the federal government withdrew its troops from the South marking the end
of Reconstruction, Southern states imposed a system of racial separation and subordination on
African Americans, called Jim Crow, which was similar to the apartheid system of South Africa. Under
Jim Crow, African Americans were denied access to White-only establishments, to White-only
sections on public conveyances such as trains and buses, and to certain occupations. They were
compelled to attend separate and inferior schools, enjoyed few protections from the police, and were
denied the right to vote and to hold public office.
By the 1960s, national leaders became persuaded that Jim Crow would have to end and that the
South would not or could not end it without federal intervention. The fact that African Americans
outside the South had effectively used their right to vote, especially in states that had lots of electoral
votes (Illinois, New York, Pennsylvania, and California, among others), was something to which
elected leaders paid attention.
Shared Writing (2 of 2)
The civil rights movement gained strength in the 1950s and reached full fruition in the 1960s, bringing
moral pressure on national leaders to end Jim Crow. In 1954, the Supreme Court ruled, in Brown v.
Board of Education, that “separate but equal” in schools, and by implication other areas of social life,
was constitutionally unacceptable. In follow-up cases, the Court pressed southern states to end
segregated schools “with all deliberate speed” and, when they violently resisted in some instances,
presidents sent in troops to carry out court orders. President Eisenhower sent the 101st Airborne to
Little Rock, Arkansas, in 1957, and President Kennedy sent troops to Oxford, Mississippi in 1962.
President Johnson used the FBI to infiltrate and disrupt the KKK in the mid-1960s. In 1964, Congress
and the president passed the Civil Rights Act to end segregation in public accommodations. In 1965,
the Voting Rights Act declared illegal the various devices used by the southern states to keep African
Americans from the polls, provided for federal officials to take over the voting registration process,
and forced the states in the South that had done the most to prevent African Americans from voting to
seek approval from the Justice Department when they legislated anything to do with the voting
process.
Think about what you know of the role of the federal government in enforcing the equal protection
clause of the Fourteenth Amendment and about the quality of justice administered to members of
minority communities in contemporary America.
Now construct a brief argument for or against this proposition: The federal government needed to
take actions to force states to provide equal protection to all citizens and must continue to do so,
wherever limits to participation in the voting process or limits to equal treatment under the law present
themselves. How would you defend your position to a fellow student? What would be your main line
of argument? What evidence do you believe best supports your position?
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The Struggle for Democracy

Thirteenth Edition, 2020 Presidential Election Edition

Trace the evolution of civil rights protections for racial

Why did it take so many years of outspoken activism

 Women and the Fifteenth Amendment

SOURCE: Alabama Literacy Test and Answers http://www.socialstudies.org/system/files/publications/

Should states have been left alone to address how to

Assess the evolving status of civil rights protections

 The End of Government-Sponsored

 De jure versus de facto discrimination

 De facto discrimination remains

Can you suggest ways that crime might be reduced

Do you believe that affirmative action should be used

• Economy: Economic difficulties among White Americans without

• History: Affirmative action gradually changes from remedying

• History: Affirmative action programs affecting government

• Constitution: Equal protection guaranteed by Fourteenth

Assess the evolving status of civil rights protections

What do you make of Sheryl Sandberg's argument in

How has the share of women serving in elected office

Would something analogous to Title IX be useful to

SOURCE: Data from The Economist.

Assess the evolving status of civil rights protections

🞑 The Supreme Court on gay and lesbian rights

Do you believe that more friendly Pentagon policies

This work is protected by United States copyright laws and is

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