US civil rights

Question 1

how does the main text of the constitution protect rights

Answer 1

original text not much protection: any not mentioned would be seen as unprotected and powers were already limited enough that government couldn’t violate rights
some protected e.g. article 1, section 9: Writ of Habeas Corpus only suspended if public safety at risk

Question 2

how does the bill of rights protect rights

Answer 2

first 10 amendments; 1791
I: speech, press, religion, assembly
II: bear arms
XI: rights not limited to those in BoR

Question 3

how do subsequent amendments protect rights

Answer 3

reconstruction amendments 1867-70
13th: ban slavery
14th: equal protection of laws
voting rights amendments
19th: women right to vote 1920
26th: voting rights for all 18+ 1971

Question 4

civil rights movement

Answer 4

1950s-60s
lynchings were violent acts terrorizing black people. 1882-1968, 4,700 lynchings

Lynching of Emmet Till catalysed the movement in 1955- 14 year old, open casket, national news

Question 5

how can congress protect rights?

Answer 5

1. can pass legislation protecting them
2. pave the way for other rights to be protected
3. can enforce constitutional amendments which protect rights

Question 6

congress: can pass legislation protecting rights

Answer 6

Civil Rights Act 1957
only 20% black voters registered in south by 1957- literacy tests e.t.c
sep 9th- passed into law allowing persecution for those trying to prevent someone voting

during passage- longest ever filibuster Strom Thurmond- 24 hours, 18 mins

Question 7

impact of 1957 civil rights act

Answer 7

limited
by 1969 only 3% more black voters had voted
dixiecrats (southern Ds in favour of segregation) amended the bill to weaken gov ability to intervene with states’ laws

Question 8

congress: pave the way for other rights to be protected

Answer 8

Civil Rights Act 1964
covered voting, education, employment
e.g. outlawed job discrimination by private employers receiving funds from public employees
bad: difficult to prove discrimination
good: paved way for civil rights to include women, LGBTQ e.t.c

Question 9

congress: can enforce constitutional amendments which protect rights

Answer 9

Voting Rights Act 1965
outlaw discriminatory voting practices adopted in southern states including literacy tests: enfore 15th amendment( Right to vote shall not be denied by race or colour)

Question 10

impact of Voting Rights Act 1965

Answer 10

by end of 1965, 250k new black voters had registered
only 4 out of 13 southern states had under 50% black voters registered by end of 1966

Question 11

Supreme Court: landmark ruling bad for civil rights

Answer 11

1896 Plessy v. Ferguson
upheld Lousiana statute requiring segregation of races on public transport and in schools, as long as facilities were equal

Question 12

Supreme Court: landmark ruling good for civil rights

Answer 12

1954 Brown v Board of Education
overrode past precedents and said no place for segregation in schools = removal of separate but equal clause

however, didnt stop discrimination in employment/voting e.t.c
some southern states passed laws to maintain segregated schools until directly struck down. e.g. Green v. County School Board of New Kent Co (1968).

Question 13

executive: little rock 9

Answer 13

1957, 9 students enrolled in little rock high school Arkansas - national gaurd sent to block entrance and 270 whites forming a mob
Eisenhower sent 101st airborne division to Little Rock and but national guard under federal command

Question 14

impact of little rock 9

Answer 14

showed executive protection of civil rights and enforcement of landmark rulings (brown v board)
however, state implementation of programs subsidising white students’ attendence at private academies were not accounted for

Question 15

executive order harming rights

Answer 15

13950: Combating race and sex stereotyping 2020
prohibit workplace training that is blame focused- aka diversity training

Question 16

executive order protecting rights

Answer 16

13985: advance racial equity 2021
recinded restrictions on diversity training and required priotisation of opportunities for communites historically under-served

Question 17

how are rights protected by pressure groups?

Answer 17

1. lobbying candidates to take on important issues
2. donations to candidates during elections
3. amicus curiae briefs

Question 18

pressure groups: lobbying candidates to take on important issues

Answer 18

ACLU 1m+ members.
e.g. their “Rights for All” policy platform ecourages candidates to adport policies in key areas ensuring that all who need it can access reproductive healthcare by ending bans on insurance coverage

Question 19

pressure groups: donations to candidates during elections

Answer 19

NRA donate to pro-gun candidates despite party
spent $55.6m in 2016 on donating to R candidates and Trump
also pro-gun Ds: 2016 Marco Rubio received $9,000

2012 $7.5 million dollars worth
of donations came from LGBTQ interests to help Obama reelection.

Question 20

pressure groups: amicus curiae briefs

Answer 20

gave grown by 6x since 40 years ago: Brown v Board got 6, National federation of Independent Business v Sebelius 2011 got 136
can present new arguments or amplify ones
e.g. NAACP during 2005 Oberg v H, amicus argued principles of Loving v Virginia are applicable to same sex marriages aswell

Question 21

3 reasons race is a salient issue:

Answer 21

1. Race and Elections
2. Affirmative action
3. Social movements

Question 22

race as a salient issue: elections

Answer 22

-Nixon dog whistle statements alienated black voters- became essential for Ds. e.g. by 1990s, Clinton winning over 80% black vote
-2020 continue to support Ds- 88% black 18-30 y/os voted Biden
-white vote not as important now- Romney 59% white vote but lost.
-by 2043, majoirt minoirty population

Question 23

race as a salient issue: affirmative action

Answer 23

1960s Ds argued for it
-progressives see it as fair- accounts for disadvantages by POCs
-conservatives say it infringes on other groups’ rights
e.g. Students for fair admission v Harvard 2023. court ruled that race-conscious admissions violated 1964 civil rights act that bars race discrimination

Question 24

race as a salient issue: social movements

Answer 24

2013 Trayvon Martin’s killer acquitted, 2020 George floyd.

impact on federal leg: Justice in Policing Act 2020 to stop force and racial profiling. but failed to pass senate vote twice

impact on state leg: Minnesota laws banning chokeholds except in police danger