Explain why conceptions civil rights or liberties (choose only one) which are supposed to be granted to all under the constitution, changed so greatly in the second half of the twentieth century. Make sure to discuss the court’s role in this shift.
A civil right is a right or privilege that represents protections by government power or things government must secure on behalf of its citizens. Examples of civil rights are freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Various jurisdictions have enacted statues to prevent discrimination based on a person’s race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and sexual orientation. In American history, there are so many civil rights movements in the second half of the twentieth century and Congress enacted numerous civil rights statues. Many of these are still in force today and protect individuals from discrimination and from the deprivation of their civil rights.
If we want to talk about civil rights of America, we cannot skip a famous person, Martin Luther King. He is a great leader of human rights in American history. He makes himself reasonable to help people of Birmingham fighting against racial discrimination. For example, King says, “I am in Birmingham because injustice is here.” In 1963, he gathered a lot of people in Washington D.C and gave his famous “I have a dream” speech. He inspired his followers; passions and triggered their eagerness to listen to his solutions to unjust situations.
Declared in US Constitution, every American is guaranteed civil rights. I think it was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. The...
...the cause of protest and objection. Civilrights and inequality cases and issues are focused on by Congress, the courts, and the bureaucracy. Not only is discrimination an issue against race and gender, other groups have been demanding social and constitutional protection. There are some that have to do with age and disability, and there are more controversial ones like sexual orientation.
Civilrights must be demanded and quieted upon. These fights have to take place on philosophical levels, as well as Constitutional interpretations. The Declaration of Independence might have stated equal rights for all, but does it actually mean equal opportunities for all. Even though we might have equal opportunities, does that mean we all have equal chances of succeeding? Do all of these other minorities have the same chance to succeeding as do all other peoples? Are they all getting the same results and reward? This is the focus of the 21st civilliberties fight. Founding fathers did not explicitly mention equal rights for all; however, the interpretations of the constitution and other historical documents do no not limit freedom to any specific government.
The constitution is unequal in many terms. The First Amendment didn’t explicitly allow freedom of expression which allows people to protest for equality. Equality only appeared in the post-Civil War in...
...argued that the biggest obstacle to civilrights progress was white racism and intimidation?
The civilrights movements faced many obstacles, the most significant being slow and insufficient action from the Federal Government, however, other factors such as white racism and intimidation, the poverty in the north and divisions in the movement also had adverse effects on the movement. However, these factors also had some positive effects such as gaining media attention and white sympathy.
White racism and intimidation was a very significant factor that slowed the civilrights movement. This is evident in the South in which the Ku Klux Klan and the White Citizens Council were lynching blacks quite frequently. Additionally, after the ruling of Plessy vs. Ferguson (1896) of ‘separate but equal’, segregation was made legal, therefore southerners took it so far that Supreme Court rulings in favour of blacks were completely defied, such as in the Little Rock Crisis where Governor Faubus stopped black students from entering the high school despite previous rulings from Brown II (1955). This intimidation from supremacist groups and resistance from state government and general citizens slowed progress significantly because blacks were now afraid to campaign for fear of being lynched meaning that any effort made by blacks for equality was often negated by this strong resistance in the South. However,...
Chapter 5 Review Questions
1. CivilRights are the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals. The concept of equality got introduced into the constitution. The 14th Amendment, one of three Civil war Amendments ratified from 1865 to 1870, introduced the notion of equality into the constitution by specifying that a state could not deny “any person within jurisdiction equal protection of the laws.” It is evident in the recent Walmart vs. Duke case, where women were not allowed to attend management meetings or further their career at Walmart. It is important because today, this amendment protects a variety of groups against discrimination.
2. Bakke was followed by a 1979 case in which the Court ruled that a factory and a union could voluntarily adopt a quota system in selecting black workers over more senior white workers for a training program. This outraged blue collar Americans who traditionally voted for the Democratic Party. Later they abandoned the party, a foe of affirmative action.
3. The statute defines a disabled person as someone with a physical or mental impairment that limits one or more “life activities” or who has a record of such impairment.
4. The DADT policy is where the military would no longer as gays and lesbians if they were homosexual.
5. Homosexual people should be, and under our existing system generally are,...
...One of the major groups that were in the CivilRights movement was the NAACP which fought for CivilRights by changing the laws thinking that if the law stated that the white community had to treat them equally, they would do so. They continually argued the 14th amendment which granted them equal protection under the law and the easiest cases that pointed this out were the ones about the inequality in education. Thurgood Marshall, the main lawyer for the NAACP, is famous for his court case Brown vs. Topeka Board of education and Brown vs. Board of Education II. The first case was not a success because the supreme court agreed with the board, but the second case in 1953, came to the agreement that segregation was wrong on the grounds that separating black students from others that are the same age and intelligence as them because of their race, “generates a feeling of inferiority... that may affect their hearts and minds in a way unlikely ever to be undone,” (Chief Justice Earl Warren). This was a major success for the NAACP although implementing the new ruling proved to be more difficult because the federal government did not force the state governments to apply them to their cities. This ruling did change some districts but most did not comply. Many schools and school districts were closed because the cities would have rather close them than integrate. Also because of President Eisenhower’s lack of support, the...
...THE CIVILRIGHTS ACT OF 1964
I was not born until after Martin Luther King had died. Born in 1968, I didn't know African Americans were treated as second class citizens. The CivilRights Movement was ongoing and the CivilRights Act of 1964 was being enforced. Unlike my parents, aunts and grandparents, when I got older I only heard of the CivilRights Movement and Act of 1964 in school, and did not know that I was reaping the benefits from it until I was old enough to understand. Unlike the generation before me, I didn't have to deal with laws that did not protect their individual's rights, resulting in them being discriminated against continuously, such as going to segregated schools and having segregated public places. As a small boy, I didn't know they were attempting to defy racial discrimination and segregation. Because of the marches, boycotts, protests and federal government enforcement to end racial inequality, we would not have the CivilRights Act of 1964 today that allows blacks the right to vote, citizenship, education, and able to utilize public facilities.
"Historical momentum for civilrights legislation picked up speed after 1945 as a result of black migration to northern cities and the experiences of black soldier in World War II. Bills...
...CivilRights Act 1964 The CivilRights Act of 1964 prohibits the legal discrimination of any one person for any reason another person may come up with. The whole CivilRights Act was based on one document entry that summarizes the entire CivilRights Act of 1964 in one sentence: "To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on CivilRights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes." The CivilRights Act was a time when people who were exploited for many years, rose up the odds and achieved their freedom. The African Americans won their independence through determination, persistence, and courage. Before the CivilRights Act of 1964, the African American race was considered to be second-class citizens, and they were socially and economically discriminated against. Property values would drop a great deal if an African American family moved into a neighborhood...
• Public Opinion
• The 1954 Brown case – established that a segregated education could never be an equal one.
• Although there were other legal victories which attempted to speed up integration, progress towards desegregation was slow.
• In 1957, 3 years after the Brown case which ruled that segregation was illegal in all schools, 97% of black students remained in segregated schools.
• Although theCivilRights Act of 1964 gave the government power to force integration of education, by 1968 58% of black students remained in segregated schools.
• President Johnsons Higher Education Act of 1965 increased the number of black students attending college/uni during the late 1960s and 1970s
Important points to remember:
The Brown Case (1954)
CivilRights Act (1964)
Higher Education Act (1968)
• An NAACP court case in 1946 successfully established that segregation was illegal on interstate transport
• CORE’s 1961 Freedom Rides – were necessary for a de facto change
• September 1961 – signs enforcing segregation were removed from interstate buses/bus terminals
• SCLC’s Montgomery Bus Boycott (1955-1956) led to desegregation of buses in Montgomery and the NAACP’s legal case les to the establishment that segregation on buses was illegal (de...
...To what extent was the NAACP responsible for the successes of the civilrights campaign? (1945-57)
The NAACP was a major civilrights groups and had many successes, especially in the period 1945-57. They mainly did this through legal cases, supporting individuals and groups gain their rights, and supporting the use of economic means to beat segregation. On the other hand, it could be argued that there were many other bodies responsible for the successes of the civilrights movement, such as the individual people involved in isolated incidents, and those who, independently from the NAACP, marched and gave up their time, safety and money to fight for the rights of African Americans, such as the various other civilright groups, students, and many other people. Also, the government and the president also passed the amendments, legislations and supported these campaigns, so the NAACP were not solely responsible.
The NAACP clearly played a major role in many of the successes of the civilrights campaign in this period. This is evident by their involvement in a series of legal cases regarding civilrights issues, such as their landmark legal case: Brown vs. Board of Education, Topeka. This case ruled that segregated schools were, in fact, not ‘separate but equal’ and they did...