Civil Rights Flashcards
1
Q
Sources protecting rights in the US
A
- The Constitution
- The Bill of Rights
- Constitutional Amendments
- Landmark rulings from the court
- Acts of Congress
- State Constitutions & Laws
2
Q
1st Amendment
A
Freedom of speech, religion, press, assembly and petition
3
Q
2nd Amendment
A
Right to Bear Arms
4
Q
3rd Amendment
A
Right to not Quarter Soldiers
5
Q
4th Amendment
A
Right against unreasonable search & arrest
6
Q
5th Amendment
A
- Right to a Grand Jury
- Right not to incriminate oneself
- Right to life, liberty and private property
- Right to due process of the law
(All in context of trials)
7
Q
6th Amendment
A
Right to a Fair trial:
- Speedy trial
- Impartial jury
- Sentencing in state where crime was committed
- Informed of accusation
- Right to a lawyer
- Can confront witnesses against self
- Can call witnesses in favour
8
Q
7th Amendment
A
Right to a Jury in civil cases on common law
- where value of controversy exceeds $20
9
Q
8th Amendment
A
- Right against excessive bail or fines
- Right against cruel and unusual punishment
10
Q
9th Amendment
A
- Rights of the people not explicitly enumerated in the constituiton cannot be denied
(rarely relied upon by the courts, meaning contested)
11
Q
10th Amendment
A
Powers not delegated to the federal government by the constiution, nor prohibited by it to the states, are reserved to the states or the people
12
Q
13th Amendment (1865)
A
- Abolished slavery and involuntary servitude
- Gave Congress power to enforce this article by legislation
13
Q
14th Amendment, Section 1 (1868)
A
- Birthright citizenship
- Right to life, liberty and property
- Due Process Clause
- Equal Protection Clause
14
Q
14th Amendment, Section 2
A
- Removed 3/5 Clause, population now counted by whole people
- Right to vote to any male citizen, aged 21+, who has not participated in rebellion
- Federal Government may reduce states representation in Congress if abridge citizens right to vote
15
Q
14th Amendment, Section 3
A
- May not hold any office, civil or military, Congress, POTUS, VP, or state legislatures, executives or judiciaries, if previously engages in insurrection or rebellion
- Congress may vote to remove restriction by 2/3 vote in each House
16
Q
14th Amendment, Section 4
A
- Upheld national debt as authorised by law
- Exempted federal and state governments from paying debts to former Confederate states
17
Q
14th Amendment, Section 5
A
- Gave Congress power to enforce provisions of the amendment
18
Q
15th Amendment (1870)
A
- Right to vote may not be denied or abridged on account of race, colour, or previous condition of servitude (slavery status)
- Gave Congress power to enforce this article by legislation
19
Q
19th Amendment (1920)
A
- Right to vote may not be denied or abridged on account of sex
- Gave Congress power to enforce this article by legislation
20
Q
24th Amendment (1964)
A
- Right to vote (incl. primaries) may not be denied for failure to pay poll tax or any other tax
- Gave Congress power to enforce this article by legislation
21
Q
26th Amendment (1971)
A
- Lowered voting age to 18
- Gave Congress power to enforce this article by legislation
22
Q
Context of the 9th amendment
A
- Anti-Federalists feared absence of Bill of Rights in original document
- Federalists, e.g. Wilson & Madison, feared enumerating certain rights implied those not listed were not protected, impossible to enumerate all rights of the people
23
Q
Caplan’s interpretation of the 9th Amendment
A
Russell Caplan:
- Referred to rights granted by state law
- Could be preempted by federal law under supremacy clause
24
Q
McAffee’s interpretation of the 9th Amendment
A
Thomas McAffee:
- Referred to “residual rights” not surrendered by enumeration of powers
- Congress cannot use enumerated power to violate a retained right
25
Amar's interpretation of the 9th Amendment
Akhil Amar:
- Referred to "collective" rights of the people
e.g. to alter or abolish government
26
Barnett's interpretation of the 9th Amendment
Randy Barnett:
- Referred to natural liberty rights of the people as individuals, also referred to in Declaration of Independence, state bills of rights, and Madison's proposed additions
27
James Madison's proposed Amendments
- Declaration that Government must be exercised "for the benefit of the people"
- Consists of "enjoyment of life and liberty, with right to acquire and use property, and generally pursue and obtain happiness and safety"
- Feared insecurity of rights not explicitly enumerated
28
Equal Rights Amendment
- Would have made it illegal to discriminate based on sex
- Campaign led by National Organisation for Women (NOW)
- Passed by Congress 1972
- Deadline for ratification 1982
29
Why did the ERA fail?
- Opposition from Conservative women, led by Phyllis Schlafly
- Feared erosion of traditional female values, e.g. women being drafted to war
- By deadline 35 states ratified, short of 38 needed
30
Support for the ERA today
- Ratified by Nevada (2017), Illinois (2018) and Virginia (2020)
Feb 2020 - Dem House voted to extend deadline, blocked by Rep in Senate
- Backed by 3/4 of Americans 2020
- Biden expressed opinion it had been ratified so was constiutional law in final days in office, contested legally
31
# Landmark Rulings
Brown v Board of Education of Topeka (1954)
Right of students not to be segregated by race
32
# Landmark Rulings
Miranda v Arizona (1966)
Rights of suspects to be informed of their 5th amendment rights before being questioned by police
| Miranda Rights
33
# Landmark Rulings
Loving v Virginia (1967)
State laws on interracial marriage declared unconstitutional
34
# Landmark Rulings
Roe v Wade (1973)
Right to an abortion in the first 2 trimesters of pregnancy
35
# Landmark Rulings
Lawrence v Texas (2003)
Right to engage in private consensual homosexual activity between adults
## Footnote
Some states had anti-sodomy laws prior
36
# Landmark Rulings
DC v Heller (2008)
Individual right to bear arms
37
# Landmark Rulings
Altitude Express v Zarda (2020)
Right of employees not to be discriminated against for their sexual oritentation
38
# Landmark Rulings
R.G. & G.R. Harris Funeral Homes Inc. v Equal Opportunity Employment (2020)
Right of employees not to be discriminated against on the basis of gender orientation
39
Civil Rights Act (1957)
- 1st civil rights legislation since Reconstruction
- Established Civil Rights section of the DoJ
- Federal prosecutors obtain court injunction to prevent interference with right to vote
- Est. Civil Rights Commission - investigates discriminatory working conditions & recommends corrections
- Proposed by Eisenhower, weakened by Dems in Congress
40
Civil Rights Act (1964)
- Ended segregation
- Banned employment discrimination on the basis of race, colour, religion, sex or nationality
- Forbade use of federal funds for discriminatory programmes
- Authorised DoE to assisst with school desegregation
41
Political context of the CRA (1964)
- Proposed by JFK, survived opposition from southern members of Congress, signed by LBJ
- Response to Jim Crow laws + poll taxes & literacy tests to vote
- 75 day fillibuster from South and Border Democrats
42
Civil Rights Act (1968)
"Fair Housing Act" - prohibits discrimination concerning sale, rental, or financing of housing based on race, religion, nationality or sex
- Pushed for by NAACP, Washington branch Director Clarence Mitchell Jr so successful referred to as 101st Senator
43
Political Context of the CRA (1968)
- Response to assassination of Martin Luther King Jr
- MLK Jr. assassinated April 4, LBJ singed act April 10
- Many African Americans fighting in Vietnam, family back home struggling to rent or purchase homes due to race/nationality
44
Voting Rights Act (1965)
- Banned legal barriers to vote at state & local levels aimed at African Americans
- Introduced Federal Oversight of voter registration in areas where <50% of non-white pop. registered
- Attorney General authorisation to investigate use of poll taxes in state & local elections
- Black turnout 6% 1964, 59% 1969
45
Shelby County v Holder (2013)
Regressed VRA (1965)
- ruled constraints outdated
- several states began limiting voter access - ID, limiting early & mail-in voting
46
Early Civil Rights Movement
- Began late 1940s
- Led by pressure groups, campaigners and religious groups
- Success in Landmark S.C. rulings, e.g. Brown v Topeka (1954) ending segregation in south
47
Role of Emmett Till in the civil rights movement
- 14 year old Emmett Till murdered 1955 by white men
- Till's killers acquitted by all white jury (although later admitted the crime)
- Failings of criminal justice system to protect black Americans
48
Tactics of civil rights movement
- Direct Action - sit-ins, bus boycotts
- Exposed brutality of police and many white people, frequently violent towards campaigners
49
Tactics of MLK Jr.
- Led non-violent campaign of civil disobedience
- Inspired by Mahatma Ghandi in India
- Key in changing public attitudes to race and building popular support for movement
50
Influence of MLK Jr.
* 1963 - "I have a dream speech" at the Lincoln Memorial
- Vision of world in which people would be judged "not by the colour of their skin but by the content of their character"
* Won Nobel Peace Prize 1964
* Assassinated 1968 - violence to African Americans
* Led to election of first black president 2008
51
Successes of Civil Rights Movement
* Built coalition of support in government in Congress
* Congress passed CRA's 1957, '64, '68
* Ratification of 24th amendment 1964
52
Affirmative Action
- Positive discrimination to favour racial minorities by employers, universities, or federal or state governments
- Attempt to reverse deep inequality, easier for racial minorities to get a job or place at university
53
Support for Affirmative Action
- Supported by most Democrats - accounts for economic and social disadvantages
- Obama, Biden
54
Opposition to Affirmative Action
- Criticised by most Republicans
- Reverse discrimination, given enhanced opportunities simply because of race, infringes rights of other groups not to be discriminated against
- 2020 - California rejected proposition 16 - would have removed 1996 ban on public sector affirmative action
55
Drawbacks of Affirmative Action
White people from majority group or people from economically successful minority groups (e.g. Asian Americans) effectively need to meet higher standard for entry
56
Supreme Courts role in Affirmative Action (pre-2023)
- Frequently aksed to define constitutionality
- Fisher v Uni of Texas (2016) - ruled legal, provided it met strict judicial scrutiny
- 2020 - Trump administration filed amicus curiae brief with federal court - argued Harvard's use of race in admissions was unconstitutional - rejected
57
Students for fair admissions v Harvard (2023)
- Landmark ruling
- Ruled 6-2 race-based affirmative action in most college admissions violated the equal protection clause
- Companion case SFFA v Uni of North Carolina overruled Grutter v Bollinger (2003) and Regents of the Uni of California v Bakke (1978) - had validated affirmative action as long as race played limited role
58
Impact of the Voting Rights Act 1965
- Easier for African Americans to vote, removed restrictions in South
- Mississipi - 7% black turnout 1964, 67% 1969
- African Americans became important voter group, high numbers in south
- Policies tailored to them, African-American candidates elected to office
59
Impact of Shelby County v Holder on voting rights
- States allowed to impose voter restrictions
- North Dakota only state not requiring voter registration
- 14 States restricted mail-in voters
- 21 States require photo ID, 15 accept other forms of ID
60
Impact of black turnout in recent elections
- 2016 - black turnout fell 7% - reversed trend of increasing turnout since 1996
- 2020 - effort to mobilise black voters by pressure groups, e.g. NAACP, African-American churches & the Democratic party
- Record African American turnout 2020 - crucial to Bidens victory - 88% of black 18-30 for Biden, 91% of Black women
61
Incarceration rates by race
White - 57% of inmates, 75% population
Black - 39% of inmates, 14% of population
62
Reason for crime rates
- According to FBI, African-Americans more likely to commit certain crimes - majority of arrests for murder or robbery 2019
- African Americans more likely to be socio-economically disadvantaged
2019 - poverty and unemployment rates for black americans twice that of non-Hispanic whites
2022 - 40% of white adults hold bachelors degree, 26% of black
63
Arrest rates by race
- African and white americans both use drugs at similar rate, black 6x more likely to be incarcerated for drug charges
- >half low-income AA men spent time in prison - impact on employment prospects
- black man born 2001 has 1 in 3 chance of spending time in prison over lifetime, 1 in 17 for white man
64
Felony Disenfranchisement
- Loss of right to vote for those convicted of a felony
- 48 states deny vote to people on parole or probation
- 11 extended ban until after sentence finished
65
Impact of felony disenfranchisement
- Increasing size of prison population since 1970s = increased disenfranchisement
- 2016 - 1 in 13 African-Americans not eligible to vote because of a previous criminal conviction
66
Reduction in felony disenfranchisement
- 2018 - Florida, state with highest F.D., passed ballot initiative to restore right to vote if fully completed sentence - restored vote to 1.4 million Americans
- Led by pressure groups ACLU, NAACP & Chrisitan Coalition of America - motivated by redemption & forgiveness
- Changes in other states reduced F.D. by 15% 2016-2020, 5 million still unable to vote
67
African-American disenfranchisement
- 1 in 16 2020 - fallen from 2016
- 3.7x greater than other Americans
68
Beginning of Black Lives Matter
2013 - George Zimmerman acquitted for shooting dead unarmed teenager Trayvon Martin
- Obama spoke of frustration with racial biases in US society w/ moving speech on Martin's death
- Subsequent police shootings led to protests, some violent, incl. Ferguson, Missouri, 2014
69
Ferguson Unrest 2014
- Fatal shooting of Michael Brown by FPD officer Darren Wilson
- Protests on militarisation of police and use of force by law enforcement to Black Americans
- Police established curfews and deployed riot squads, looting and violence in area of shooting
- Grand Jury did not indict Wilson, DoJ concluded Wilson shot Brown in self-defence
70
Outcome of Ferguson Unrest
-DoJ investigated policing practices of FPD
- March 2015 - DoJ announced FPD had engaged in misconduct agaisnt citizens of Ferguson and discriminated against African Americans
- Found Ferguson city council relied on fines and other charges generated by police for funding municipal services
71
Impact of Black Lives Matter
- Exposed violence and difficulties obtaining justice faced by African-Americans across USA
- Black Americans 2.5x more likely to be killed by police than white
- Viral videos of brutality to black americans by public and police
72
Causes of 2020 BLM protests
- Fatal shooting by two white men of 25 year-old Ahmaud Arbery, unarmed African-American
- White police officer filmed kneeling on George Floyd's neck for 9 min 29s during arrest as Floyd pleaded for his life - repeating "I can't breathe" - Floyd died
73
2020 BLM protests
- Estimated 23 million attended demonstrations across country despite Covid-19
- Some protests led to rioting, looting, arson, and violence against police
- Authorities responded with curfews, tear gas, smoke grenades and rubber bullets, Trump threatened to send in military
74
Impact of 2020 BLM protests
- Derek Chauvin (Floyd's killer) convicted of murder, 3 other officers charged with aiding and abetting him
- Crowds toppled statues of figures connected to slavery and colonialism
- Use of confederate flag banned in US Navy - associated with segregation
- Protests spread to other Western democracies - UK, France, Germany, Canada, Australia
75
2020 terrorist activity
- Far-right extremists & white supremacists responsible for two-thirds of terrorist activity in USA 2020
- 50 killed by far-right 2018
- 1430 Hate and Anti-government groups 2023, doubled since 2021
76
White supremacist terrorist activity
2015 - 9 African-Americans killed in a shooting massacre at a church in Charleston, South Carolina
2018 - NAACP wrote to House Committee on Homeland Security to highlight danger of domestic terrorism to A.A., held emergency digital town hall meeting on issue 2019
77
What is the Alt-right?
- White nationalist, Neo-Nazi, Neo-Confederate
- Against political correctness and feminism
- Nationalist, tribalist, anti-establishment
- Uses internet, usually web forum 4chan, to spread provocative, grossly offensive messages
- Strong support for Donald Trump
78
Trump & Alt-right
- Failed to condemn movement after liberal protester killed at "Unite the Right" rally in Charlottesivlle 2017
- Tweeted "when the looting starts, the shooting starts" during 2020 BLM protests
- Far-right groups targeted BLM protests - attacked demonstrators with weapons or drove vehicles into crowds
79
Far-right extremism towards Hispanics
- Escalated since Trump targeted illegal immigration from Mexico as major policy priority
- 2019 - 23 killed at shooting at El Paso, Texas, Hispanics main target
80
Far-right extremism to other minority groups
- 2 synagogue shootings 2018 & 2019, killed 12 Jews
- Hate crimes against Asian-Americans up 150% in large cities 2020
- Asian Americans racial scapegoat for pandemic after Trump called Covid-19 the "Chinese virus"
81
Rise of Neo-Nazism
- Swastikas and confederate flags on display when armed militia members entered Michigan Capitol April 2020 and US Capitol on Jan 6
- Elon Musk Sieg Heil at Trump rally hours after inaugration, Steve Bannon at CPAC (Conservative Political Action Conference)
82
Impact of US civil war on civil rights
- Northern abolitionist states won against southern pro-slavery states that attempted to secede union
- Slavery abolished by 13th amendment 1865
- Rights expanded by 14th & 15th amendment and CRA 1875
83
Jim Crow laws
- Southern states attempt to continue segregation post-civil war
- Plessy v Ferguson (1896) - Supreme Court ruled doctrine of "separate but equal" facilities legal but in practice facilities for people of colour hugely inferior
84
Historic treatment of Native Americans
- Genocide by European settlers - slaughtered and forced from lands over centuries
- US gov systematically attacked culture & communities - forced assimilation policies
- 1851 - governor of California "a war of extermination will continue to be waged ... until the Indian race becomes extinct"
- Native population estimated 5-15 mil 1492, 238,000 by end of 19th century
85
Treatment of Native Americans 20th century
- Some obtained US citizenship
- Not until 1924 that all became citizens
- Indian Civil Rights Act 1968 - extended protections of Bill of Rights to Native Americans in tribal governments - gave fed. court authority over tribal gov if rights infringed
86
Native Americans today
- >5 mil in USA today
- ~1 mil live across 326 reservations, total area similar size to Idaho
- Each reservation managed by different tribe with own laws and government
- Problems with unemployment and limited educational opportunities
- Poverty rate more than twice national average
- Face racist stereotyping and discrimination
87
Rights of pressure groups
- Right to form pressure group important civil liberty - protected under free speech & assembly of 1st amendment
88
Role of pressure groups
- Defend civil rights and liberties
- Liberal groups worked for rights of African-Americans, people of colour, immigrants, women and LGBTQ+ community
- Conservative groups campaigned for religious right, rights of unborn children, and gun rights
89
Typical methods of pressure groups
- Fundraising - ad campaigns to influence public, politicians and judiciary
- Public campaigning - online, social media, rallies and marches, tv ads, direct action
- Political campaigning - lobbying Congress, federal & state gov, donating to candidates
- Legal campaigning - sponsoring legal cases, writing amicus curiae brief
90
American Civil Liberties Union
- Most significant civil liberties pressure group
- 1.5 million members
- Staff of 300 lawyers - defend civil libs in court
- Affiliates in every state
- Involved in more US SC cases than any other non-govermental organisation
91
Why is the ACLU controversial?
- Defends civil libs of all Americans, incl. American Nazis or KKK
- 1978 - successfully defended right of neo-nazi group to march through an area of Chicago where many Holocaust survivors lived
- May promote views many others find abhorrent or seek to reduce civil libs of others
- Argues every individual must have rights defended, otherwise nothing stopping US gov from taking away Americans liberties entirely
92
Key successes of the ACLU
- Objectives usually align with liberals and civil rights campaigners
- Contributed to key landmark cases
- Supported NAACP in Brown v Topeka (1954)
- Pushed legalisation of abortion in Roe v Wade (1973)
93
Successes of ACLU 21st century
Won court rulings:
- Protecting right to privacy for gay people
- Against teaching of intelligent design in school science lessons
- Legal challenges to US national security measures introduced after 9/11 - e.g. waterboarding of terrorist suspects
94
ACLU challenging Trump
- Filed 230 lawsuits against Trump admin. July 2020
- Challenged 2017 Muslim ban - blocked by fed court, modified by gov, ruled constitutional by US SC
95
Failures of ACLU
- Bush, Obama and Trump continued imprisonment without trial of suspects at Guantanamo Bay
- Expanded use of drones and targeted killing overseas
- Gov claimed right to kill US citizens overseas if believed to pose terrorist threat
96
Role of ACLU in R.G. & G.R. Harris Funeral Homes Inc. v Equal Opportunity Employment Commission (2020)
- Defended rights of individuals against private employers
- Defended woman who was fired for being transgender
- Led to landmark SC ruling that discrimination on grounds of gender orientation is unconstitutional
97
National Association for the Advancement of Colored People
- Founded 1909
- USA's oldest civil rights pressure grouo
- Over half a million members today
98
Historic successes of NAACP (1950s & 1960s)
- Provided legal representation for protestors arrested by gov
- Helped plan 1963 march on Washington
- Lobbied Congress to pass CRA 1957, 1964, 1968 and VRA 1965
- Successful voter registration campaigns to increase number of African American voters
- Legal campaign to end doctrine of "separate but equal" facilities & segregation - special counsel, lawyer Thurgood Marshall, won Shelly v Kraemer (1948) and Brown v Topeka (1954)
99
NAACP focus in 21st century
- Focussed on ensuring African-Americans receive equal economic, education, health, criminal justice, and voting rights
- Expanding youth engagement in civil rights
100
NAACP 21st century campaigns
- #WeAreDoneDying - social movement from May 2020 - response to shooting of Ahmaud Arbery in Georiga & disproportionate no. of A.A deaths from Covid-19
- 2020 - national voter mobilisation programme - contributed to record levels of black turnout and election of first black VP Kamala Harris
101
NAACP voter mobilisation 2024
- 100,000 volunteers and $20 mil to mobilise and educate black voters in 12 battleground states
- Phone banks and education mail to encourage black voters to participate
- Hotline with lawyers & law students to respond to incidents of voter suppression in real-time - file cases and argue in emergency cases
- Monitered county and state canvassing to ensure every vote was counted accurately
102
Legal successes of NAACP in 2024 election
- Ended Georgia's Hand Count Rule - came in too soon before election, no training to counters
- Prevented disenfranchisement of thousands of voters in Washington state
- Halted Alabama's programme to purge thousands of voter rolls, disproportionately black voters
103
Key social movements
- Black Lives Matter campaigning for racial equality
- #MeToo campaign to end sexual assault and harassment
104
Anti-Lockdown movement
- Campaign for civil liberties, not civil rights
- State-based social movements against lockdowns
- Argued state govenors' stay-at-home orders violated constitutional civil liberties
105
Size of Anti-lockdown movement
- May 2020 - 2 million associated with movement
- Demonstrations in 33 states
106
Methods of Anti-Lockdown Movements
- Crowded demonstrations in state capitals, many carrying guns, breached lockdown rules
- April 2020 - armed protestors entered Capitol in Michigan
- October 2020 - FBI arrested members of a militia planning to kidnap Michigan's govenor, Gretchen Whitmer
- Presence of far-right protestors and white supremacists. many flew confederate flags
