Civil Rights Part I The Civil Rights Act and its predecessors Overview Stark Realities How did we end up there? How could something be done about it? Racial Segregation Jim Crow Law "Jim Crow Law": state laws required separate accommodations (laws passed after 1880) Separate But Equal doctrine approved by the Sup. Ct. in Plessy v. Ferguson (1896). Separate Schools Throughout south and in other states like Kansas, black children were sent to separate schools Discrimination in Politics Widespread denial of the right to vote. poll tax literacy tests grandfather clauses "white primary" It doesn't make sense! Civil War was fought to end slavery Post-war policies pushed American blacks into conditions that were as bad or worse than slavery. How did we get there? First Reconstruction occurred/fizzled Definition: policies to rebuild/remake the South Reconstruction included: Constitutional amendments National laws/policy to protect freed slaves Enforcement was vigorous at first, but not for long. Post Civil War Constitutional Amendments 13th -- Abolish slavery 14th Amendment. All people are citizens, and: (Privileges and Immunities clause) No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; (Due Process clause) nor shall any state deprive any person of life, liberty, or property, without due process of law; (Equal Protection clause) nor deny to any person within its jurisdiction the equal protection of the laws. 15th Amendment States may not deny right to vote on account of race or color Congressional Laws of Reconstruction 1866-1875 Congress passed several laws forbid discrimination in contracting KKK law 1875 CRA: outlawed discrimination in hotels/public accommodation Federal troops sent to South to stop mob violence But the Supreme Court … CRA 1875 struck down (1883: Civil Rights Cases): Only "state action"—not private business—could be regulated under 14th 14th "privileges and immunities" does not protect against state rights violations (Slaughterhouse Cases, 1873) End of Reconstruction "Corrupt bargain" of 1876 Electoral College deadlock-> Hayes deal with Congress Reconstruction ended, troops withdrawn Implications States allowed to adopt discriminatory laws. Private businesses could hire/fire on the basis of race Restaurants and businesses could turn people away or separate them on the basis of race Recipe for change Fight in the Courts Push in the Legislature Pivotal Sup. Ct. Decisions White primary declared unconstitutional (1944) State courts cannot enforce discriminatory housing convenants (1948) Brown v. Board of Education, 1954-6 ( Eisenhower sent troops to Arkansas.) Movement Politics Rosa Parks & The Montgomery Bus Boycott Civil Rights marches Sit-ins March On Washington, 1963 March Pressured President Kennedy Proposed Civil Rights Act (CRA) Pres. Johnson saw CRA to passage. Civil Rights Act of 1964 passed … after 3 month filibuster in Senate My claim: CRA is the single most important law in American history Highlights of CRA Cut off federal funds to discriminatory programs. Outlawed discrimination in public accommodations--hotels, restraunts Ordered Dept. of Justice to prosecute civil rights violations, especially to desegregate. Outlawed discriminatory voter registration, set standards on literacy tests (6th grade equivalent) Employment Provisions of 1964 Act In most businesses and labor unions, "outlawed discrimination on grounds of race, color, religion, sex, or national origin" Enforced by EEOC. No "quota" requirements "merit" and "seniority" are OK Exemptions in the CRA religious schools small business (25 employees or less) Communists or members of Communist organizations Preferential treatment of Indians allowed Here's a Puzzle Where does Congress find the authority to pass such a law? Sup Ct struck down the same thing in 1883! Answer: The Commerce Clause in Article I. "Heart of Atlanta Motel" decision by Sup. Ct. upholds hotel/restaurant provisions of CRA Movement Politics II Voting Rights Act of 1965 Followed dramatic televised marches and protests Look who's waiting Violent confrontation Voting Rights Act 1965 Federal Voting Examiners sent to states to register voters and oversee elections. Applied states with poll taxes or low registration) Suspend literacy tests where Atty. Gen. finds discrimination. Pre-Clearance: All new state voting laws must be approved by federal government. To and Fro of politics continues Divisions continue to exist on government policies and race relations Extreme voices heard all around Rise of "white militant (militia)" groups Some leaders of African Americans take more extreme positions Meanwhile, the Sup Ct and Congress "dance," changing details and provisions Court and Congress I Sup.Ct. VRA cases must prove intent to discriminate ( Mobile v. Bolden, 1980) Congress reacts, VRA of 1982. outlawed electoral systems that have discriminatory effects Court and Congress II: Employment Discrimination In 1966 "Griggs" case, statistical evidence was allowed to prove "disparate impact" In 1989, "Wards Cove" case reversed that, claiming statistical pattern does not prove discriminatory Intent Civil Rights Act of 1991. Restored policy of Griggs: disparate impact evidence allowed What's up with that? Minority "set aside" laws. Race/Sex based college admissions.