Background
Throughout United States history, many groups have been
denied the rights of citizenship based on the Bill of Rights
and the U.S. Constitution. Through various efforts, civil
rights have been extended to Americans in many different ways.
One could argue that the struggle to obtain and maintain these
civil rights is an ongoing one, continuing through today.
African-Americans
Beginning with slavery, African-Americans have
been denied civil rights in the United States. In the 1857
case of Dred Scott v. Sanford, the Supreme Court
declared that slaves were property, and that all
African-Americans, free or slave, were not citizens, and
therefore had no right to sue in court.
|
Civil
War Amendments |
| 13th (1865) |
Freed the slaves. |
| 14th (1868) |
Defined citizenship and guaranteed equal
protection. |
| 15th (1870) |
Provided universal male suffrage (voting). |
After the Civil War, freedmen seemed to obtain rights with
the passage of the Thirteenth, Fourteenth, and Fifteenth
Amendments. However, after Reconstruction ended in
1876, these rights were quickly rescinded until the 1950s and
1960s. In the 1896 case of Plessy v. Ferguson,
the Supreme Court ruled that racial segregation was legal as
long as the separate facilities were equal.
In the 1954 case of Brown v. Board, the
Supreme Court overturned the Plessy case by declaring
that segregated facilities were inherently unequal, and
ordered the integration of the nation's public schools. In
1955, Rosa Parks refused to give up her seat in the
front of a Montgomery, Alabama, public bus for a white rider.
This attracted the attention of Dr. Martin Luther King, Jr.,
who organized the Montgomery Bus Boycott, eventually
resulting in the end of such racist policies. These events
sparked the modern Civil Rights Movement that allowed
African-Americans to exercise their civil rights, and inspired
other groups to do the same.
|
African-American
Civil Rights Movement |
Brown
v. Board
(1954) |
Overturned the Plessy case by
declaring that segregated facilities were inherently
unequal, and ordered the integration of the nation's
public schools. |
| Montgomery
Bus Boycott (1955) |
Rosa Parks refused to give up her seat in
the front of a Montgomery, Alabama, public bus for a
white rider, leading African-Americans to boycott public
bussing. |
Little
Rock Crisis
(1957) |
After schools in Little Rock, Arkansas,
refused to admit African-Americans to all-white schools,
President Eisenhower authorized the U.S. Army to escort
and protect African-American students. |
University
of
Alabama
(1963) |
Governor George C. Wallace refused to
allow African-American students to register for classes
at the all-white University of Alabama. President
Kennedy authorized the use of the National Guard to enforce
educational integration. |
March
on Washington
(1963) |
Martin Luther King and his SCLC organized
a massive demonstration in Washington, D.C., where he
delivered his famous "I Have a Dream" speech. |
Members of the Civil Rights Movement used a variety of
methods to get results. These included practicing non-violence
and passive resistance (sit-ins, boycotts,
freedom rides, etc.) as encouraged by Dr. King.
However, other leaders such as Malcom X demanded that
civil rights needed to be achieved, "by any means
necessary," including using acts of violence if need be.
Overall, the struggle was successful, and the government
began to grant civil rights to African-Americans.
|
African-American
Civil Rights Law |
Civil
Rights
Act of 1964 |
Provides criminal penalties for
discrimination in employment or voting and integrates
most pubic facilities. |
24th
Amendment
(1964) |
Banned the poll tax. |
Voting
Rights
Act of 1965
|
Banned literacy tests in counties where
over half of eligible voters have been disenfranchised. |
This successful civil rights reform inspired other groups
to follow similar tactics in order to achieve similar results.
Hispanic-Americans
Hispanic-Americans have struggled to obtain civil
rights in two key areas: labor protection, political
representation, and desegregation.
Cesar Chavez helped to organize mostly Hispanic
migrant farm workers using non-violent methods into the United
Farm Workers union which later merged with the AFL-CIO.
This attention to the plight of migrant farmers has led to
safer working conditions and more stringent government
regulations.
Ignacio Lopez established the Unity League of
California in order to promote political candidates who
would represent Hispanic interests. The Unity League also
sought and achieved integration of public schools in
California.
Native
Americans
Beginning in colonial times, native tribes were
dislocated and pushed West. The most classic example is that
of the Trail of Tears in which the Cherokee Nation was
forced from Georgia and resettled in the mid-West in the 1830s
under extremely harsh conditions. American settlers continued
pushing westward, resulting in the Indian Wars of the
late 1800s, which resulted in the failed Dawes Act, an
attempt at Americanizing natives, and the reservation system.
In 1934, the Indian Reorganization Act was passed which
strengthened tribal land claims and tribal authority while
providing practical educational opportunities for native
groups.
In 1968, the American Indian Movement (AIM) was
founded as a response to the government's Termination Policy
which was aimed at limiting or eliminating the financial
assistance provided to native groups. AIM used militaristic
action to focus attention on native problems in order to gain
publicity.
Many native groups have since filed land claims in
New York State, claiming that negotiates that resulted in the
loss of native lands were unconstitutional because states do
not have treaty-making powers with foreign nations.
Feminism
The Women's Movement was rekindled after women's
suffrage was obtained in 1920. Betty Friedan wrote The
Femine Mystique in 1963 which question the traditional
domestic female role in the United States. Friedan also went
on to establish the National Organization for Women (NOW)
in 1996 in order to obtain legislation guaranteeing equality
for all women.
|
Feminist
Law |
Equal
Rights
Amendment
(NEVER PASSED!) |
Congress approved this proposal to
guarantee that "equality of rights under the law
shall not be denied or abridged by the United States or
any state on account of sex." However, the states
failed to ratify it. |
Equal
Employment Opportunity Act
(1972) |
Required employers to pay equally
qualified women the same as their male counterparts. |
Title
IX of
Educational Amendments Act
(1972) |
Gave female athletes the same right to
financial support for individual and team sports as male
athletes. |
In the Supreme Court case of Roe v. Wade,
women were granted the right to have an abortion. This
decision has proven controversial and has been hotly debated
ever since.
Disabled
Americans
The rights of disabled Americans were first championed
by Dorthea Dix in the early 1800s. She helped provide
institutions for the disabled who were being mistreated across
the nation. However, problems with institutionalizing disabled
American including abuse and neglect soon became the norm.
|
Disabled
American Law |
Education
of All Handicapped Children Act
(1972) |
Required states to mandate education for
all students regardless of mental and/or physical
disability. |
Americans
With Disabilities Act
(1990) |
Mandated construction codes, public
access, and employment opportunities for the disabled. |
Today, many schools mainstream students with
disabilities so that they take classes with other students
their own age.
Affirmative
Action
Many of these groups were guaranteed equality through Affirmative
Action, which is a label used to describe the many methods
used to guarantee that women, minorities, and the disabled
have equal opportunities in education and employment.
The landmark case of University of California Board
of Regents v. Bakke found that while affirmative
action was constitutional, race could not be the only criteria
used to allow applicants to attend a university. So while race
could be a criteria for selection, it could not be the only
criteria.
Rights of the
Accused
In the 1960s under the Warren Court, the Supreme
Court handed down decisions that vastly expanded the rights of
the accused in the United States.
|
Rights
of The Accused Case Summaries |
Mapp
v. Ohio
(1961) |
Upheld the Fourth Amendment
guarantee against unreasonable search and seizure. |
Gideon
v. Wainwright
(1963) |
Required that the accused be
provided with an attorney by the government even if they
cannot afford one. |
Escobedo
v.
Illinois
(1964) |
Required that the accused be
provided with an opportunity to meet with an attorney. |
Miranda
v.
Arizona
(1966) |
Required that the accused be
informed of their rights and that they understand them
before being questioned. |
|