Civil Rights – part 3

1. Civil Rights – part 3 AP U.S. GOVERNMENT & POLITICS – Civil Rights

2. Asian Americans • They are a dangerous • element. There is no • way to determine their • loyalty. Other Groups General DeWitt AP U.S. GOVERNMENT & POLITICS – Civil Rights

3. Asian Americans • Korematsu v. United States • 1944 • The Court upheld the constitutionality of • internment of Japanese Americans • during WW II Other Groups AP U.S. GOVERNMENT & POLITICS – Civil Rights

4. Native Americans • Indian Citizenship Act of . . . • Made Native Americans citizens • Gave right to vote Other Groups 1924 California v. Cabazon Band of Mission Indians - 1987 AP U.S. GOVERNMENT & POLITICS – Civil Rights

5. Hispanics • Hernandez v. Texas • 1954 • The Court extended protection against discrimination to Hispanics . . . widening definition of discrimination beyond race Other Groups AP U.S. GOVERNMENT & POLITICS – Civil Rights

6. Hispanics • Key civil rights leader Other Groups Cèsar Chavez AP U.S. GOVERNMENT & POLITICS – Civil Rights

7. Americans with Disabilities Act (1990) • Requires employers and public facilities to • make reasonable accommodations for • people with disabilities • Prohibits discrimination in employment Other Groups AP U.S. GOVERNMENT & POLITICS – Civil Rights

8. In 1941, President Franklin D. Roosevelt signed Executive Order 8802, which outlawed segregationist hiring policies by defense-related industries which held federal contracts. • During 1953 President Harry S. Truman's Committee on Government Contract Compliance urged the Bureau of Employment Security "to act positively and affirmatively to implement the policy of nondiscrimination . . . ." Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

9. The actual phrase "affirmative action" was first used in John F. Kennedy's 1961 Executive Order 10925: • which requires federal contractors to "take affirmative • action to ensure that applicants are employed, and that • employees are treated during employment, without • regard to their race, creed, color, or national origin.“ • The same language was later used in Lyndon Johnson's 1965 Executive Order 11246. Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

10. Johnson Speech in 1965 • The voting rights bill will be the latest, • and among the most important, in a long series of victories. • But this victory--as Winston Churchill said of another triumph for freedom--"is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning. Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

11. Johnson Speech in 1965 • That beginning is freedom; and the • barriers to that freedom are tumbling down. • Freedom is the right to share, share fully and equally, in American society--to vote, to hold a job, to enter a public place, to go to school. • It is the right to be treated in every part of our national life as a person equal in dignity and promise to all others. Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

12. Johnson Speech in 1965 • But freedom is not enough. • You do not wipe away the scars of centuries by saying: Now you are free to go where you want, and do as you desire, and choose the leaders you please. Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

13. Johnson Speech in 1965 • You do not take a person who, for years, • has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, "you are free to compete with all the others," and still justly believe that you have been completely fair. • Thus it is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates. Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

14. Key Questions: • Equal Opportunity or Equal Results? • How achieve? • Key Concerns: • Quotas • Violate “equal protection”? • Reverse discrimination? Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

15. Regents of the University of California • v. Bakke • 1978 • The Court held that race or ethnicity • can be one element in admissions • (among other elements) . . . • but quotas are not OK. Affirmative Action • Allan Bakke AP U.S. GOVERNMENT & POLITICS – Civil Rights

16. Proposition 209 • California - 1996 • Banned affirmative action programs based on race, ethnicity, or gender in: • Hiring • Contracting • Educational admissions Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

17. Gratz v. Bollinger • 2003 • In a 6-3 decision . . . • The Court held that the point system • used by the University of Michigan • was too much like a quota system, • and therefore unconstitutional. Affirmative Action • CJ Rehnquist AP U.S. GOVERNMENT & POLITICS – Civil Rights

18. William Rehnquist • Served as a law clerk to a • Supreme Court justice involved • in the Brown decision. • In a memo to the justice concerning the • Brown case, the young Rehnquist wrote: • "Plessy vs. Ferguson was right • and should be reaffirmed." Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights

19. Grutter v. Bollinger • 2003 • In a 5-4 decision . . . • The Court held that the inclusion of • race as a “plus” in the University of • Michigan’s Law School admissions • process was individualistic and • non-mechanical, therefore OK. Affirmative Action • Sandra Day • O’Connor AP U.S. GOVERNMENT & POLITICS – Civil Rights

20. Grutter v. Bollinger • 2003 • She further wrote that in using race • as a factor in admissions, colleges • would be "obtaining the educational • benefits that flow from a diverse • student body." Affirmative Action • Sandra Day • O’Connor AP U.S. GOVERNMENT & POLITICS – Civil Rights

21. 3 Justifications in College Admissions • Rectify past discrimination • Create diversity of viewpoints & experience in the student body for educational purposes • Improve diversity in future leaders for society to better reflect the population Affirmative Action AP U.S. GOVERNMENT & POLITICS – Civil Rights