Popular in Into to American Government and Politics
Popular in Department
This 4 page Class Notes was uploaded by Shanell Coleman on Friday October 23, 2015. The Class Notes belongs to 89075 at a university taught by in Summer 2015. Since its upload, it has received 31 views.
Reviews for CivilRightsandLibertiesClassNotes.pdf
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 10/23/15
10192015 Civil Rights Civil Liberties Civil Liberty a freedom from the government when we talk about this we are talking about individuals being protected from government encroachments on their rights Was very much on framers mind when they were writing the constitution and trying to enact it Ex NSA watches activities of citizens collects data Bill of Rights is meant primarily for civil liberty all about protecting civil liberties was written to assure the people that the government would have limited abilities Framers were all for civil liberties Civil Rights Guaranteed by the government Kind of opposite of civil liberties but not exactly Freedom from group based discrimination Freedom of being treated differently because of some group that you belong to that could be a racial group religious group nationality etc Framers didn t care about civil rights group based discrimination was normal Main way that government prevents this is by something known as protected 1779 group based discrimination was normal race gender age marriage pregnancy veteran etc there are about 10 protected classes Sexual orientation isn t a protected class yet The Supreme Court could make protected classes but hasn t every protected class was created by an act of Congress History of Civil Rights History of different groups trying to convince the government that they are worth protecting Worth it to whom Structure of government How has allowed discrimination against various groups What are the structures that allow this How does this happen in a democracy Different states can pass different laws Example in Mississippi same sex families can t adopt Voting rights have been incomplete throughout much of American history these people haven t been allowed to vote there are large periods in history when some people weren t allowed to vote Keeping people from voting was a conscience strategy that they used to keep people from voting and making changes Federalism made it easy to pass Jim Crow laws 1971 voting age was lowered from 21 to 18 because of Vietnam War Complexity of government Separation of Powers Made it difficult to pass laws Difficult for the government to force people to do things that they don t want to do 10212015 Civil Rights and Liberties 0 Conditions were terrible in the South on purpose enforced by white people who wanted them to not participate in political processes 0 In a general sense throughout history politicians are selfish Only help in if helps to expand their empowerment Post Civil War 13th Amendment 14th Amendment grants citizenship to all the former slaves 15th Amendment Only applies to general elections not primary elections guarantees all citizens the right to vote Is toothless for 100 years is not enforced in any meaningful way in the South Says everyone has the right to vote but that is not a reality for a century Another thing that happened immediately after the civil war the north in an attempt to force the south to adhere to the laws that have been duly passed in the form of these amendments they stage what amounts to a military occupation of the south The military occupation of the South was called Reconstruction So the North stations most of its Army in the South and forces Southern citizens and former slave owners basically at bayonet point to force them to let African Americans participate in the legal process and political process this goes on for about 7 or 8 years and in some ways it is reasonably successful and in some ways was not It ended abruptly and prematurely as a part of a political deal that involves a scandal that has nothing to do with reconstruction at all The Deal involves the Republican Party keeping control of congress Parties care more about their own power than they do about the rights of citizens This is true often for both parties and it is true generally about all periods in American history The Republican Party spent 8 years in the south using the army to trying to make sure that the African Americans could vote Why Because they knew that African Americans would vote Republican Back in 1860 the Democratic Party was the party of slave owners the slave system it was the party of power in the South The Republican Party was the party of emancipation the party of Lincoln so the Republican Party uses Reconstruction as a political boost As soon as the Republican Party s larger fortunes are threatened they are more than happy to sell out the south as part of a bargain to save their own skin This leads to the Jim Crow Era Jim Crow Era Period of time between the end of reconstruction 1872 1964 the voting rights act and the civil rights act began passage So for 90 years the Jim Crow Era reigns The Jim Crow era refers to a time in which there is legally enforced segregation in the South Legally enforced segregation conditions were constantly and consciously made so that whites had the higher privilege How did the South maintain this for 90 years How did they keep AA from exercising their rights in the legal system political system and the judicial system Because African American s can t vote Methods of keeping African Americans from voting 1 Poll Tax a tax you have to pay to vote if you are poor you probably can t afford to pay the poll tax was very expensive In order to vote in the South you had to pay the poll tax if you are black Grandfather Clause If your grandfather voted you didn t have to pay the poll tax No AA grandparents voted because they were slaves 2 Literacy Test designed to determine whether you re qualified to vote If somehow you pay the poll tax you have to take this in order to vote White people didn t have to take the literacy test because of the grandfather clause Each state made their own tests 3 White Primary Primary Election Decide who will represent the Republican and Democratic in the general election In the South during Jim Crow Era there were like 3 republicans in the south it was primarily democratic Had to vote in the primary if you wanted to make a difference because general election was pointless Only white people can vote in the primary election African Americans start seeking out judicial system help but everywhere they turned there was a barrier So they sent best students to law school to train them Did not start working until 1950 s First case Brown vs BOE Thurgood Marshall went to Howard an HBCU Civil Rights Era Invention of Television was a game changer because people living everywhere else for the first time could see what was really going on in the South The Civil Rights Era really started kicking off in the 50 s Voters in late 50 s and early 60 s start contacting their politicians and asking them about what going on in south Now that voters know Congress pays attention and start process of getting civil rights legislation through congress Most effective acts 1964 CRA authorizes federal gov to end segregation could not segregate on the basis of race 1965 VRA does away with the voting limitations 1955 people s rights to vote are ensured in a meaningful way Bill of Rights Only applied to Federal government Incorporation Making bill of rights apply to the state governments also BOR s incorporated piece by piece from 1930 s to 1960 s through Supreme Court Interpreted the Constitution instead of incorporating it Due Process Clause Everybody shall have due process of law SC interprets that everybody has these rights Requires protection against government encroachment One part of government can t pass law no part of government can pass law Discovery of Idea called penumbra shadow all rights in 1st amendment say what I want to say and in constitution have shadows no one has to listen Privacy Certain fundamental right I Sex