Transcript Civil Rights - R. Allen Bolar

September 19, 2016
Lecture #3: Civil Rights
Civil Liberties
 The US Constitution is quite concerned with
limiting the power of the government and those
who run it.
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Pits branch against branch – “checks and balances”
Also, provides for constitutional protection of
individual civil liberties
 Protections of citizens from improper
government action
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But what about citizen action?
Bill of Rights
 These civil liberties were protected in the Bill of
Rights at the behest of the “anti-Federalists”.

Many Federalists thought a Bill of Rights
unnecessary since Congress only had enumerated
powers
 Limits government, but after the 14th
Amendment, has obligated the government to do
some positive action.
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But, has taken societal shift, as well.
Bill of Rights
 Ten Amendments passed right away, can you
name them?
 How about just the First Amendment?
First Amendment
 Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
 Can you name the Second Amendment?
Second Amendment
 A well regulated militia,
being necessary to the
security of a free state,
the right of the people to
keep and bear arms, shall
not be infringed.
Third Amendment
 No soldier shall, in time of peace be quartered in
any house, without the consent of the owner, nor
in time of war, but in a manner to be prescribed
by law.
Fourth Amendment
 The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall
issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
 Emails? Cell phones? Are they papers or effects?
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The courts are now interpreting this amendment in light
of the new digital age.
Riley v. California (2014)
http://www.nytimes.com/2014/06/26/us/supreme-courtcellphones-search-privacy.html
Did not apply to the states until Mapp v. Ohio (1961)
Fifth Amendment
 No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
Fifth Amendment
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No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of
war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation.
Barron v. Baltimore (1833)
Kelo v. City of New London (2005)
Sixth Amendment
 In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the state and district wherein
the crime shall have been committed, which
district shall have been previously ascertained by
law, and to be informed of the nature and cause
of the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defense.
Seventh Amendment
 In suits at common law, where the value in
controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise reexamined in
any court of the United States, than according to
the rules of the common law.
Eighth Amendment
 Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments
inflicted.

Brown v. Plata (2011) declared California’s prisons in
violation of the Eighth amendment.
 Commanded California to reduce the overcrowding of its
prison.
 Prop 47 was, in part, meant to help address this
Ninth and Tenth Amendment
 The enumeration in the Constitution, of certain
rights, shall not be construed to deny or
disparage others retained by the people.
 The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to
the people.
Barron v. Baltimore (1833)
 In paving its streets, the city of Baltimore
disposed of so much sand and gravel in the water
near Barron’s wharf that the value of the wharf
for commercial purposes was virtually destroyed.

Mr. Barron sued under the 5th Amendment
because he alleged that the value of his property
had been taken for public use without
compensation.
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What happened, do you think?
Barron v. Baltimore (1833)
 Chief Justice Marshall denied to order Maryland
to compensate Mr. Barron, because “the fifth
amendment must be understood as restraining
the power of the General Government, not as
applicable to the States.”
 While Mr. Barron may be entitled to
compensation, that was not guaranteed by the US
Constitution.
14th Amendment
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Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their
respective numbers, counting the whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the choice of electors for President and Vice President
of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twentyone years of age, and citizens of the United States, or in any way abridged, except for participation in
rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in
such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice
President, or hold any office, civil or military, under the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member
of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to
the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this
article.
Equal Protection
 Section 1. All persons born or naturalized in the
United States, and subject to the jurisdiction
thereof, are citizens of the United States and of
the State wherein they reside. No State shall make
or enforce any law which shall abridge the
privileges or immunities of citizens of the
United States; nor shall any State deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within
its jurisdiction the equal protection of the
laws.
Civil Rights
 Civil rights are obligations imposed on the government by
the “equal protection” clause of the Fourteenth
Amendment, to take positive action to protect citizens
from the illegal actions of other citizens and government
agencies.
 But it took a “civil rights movement” to be achieved. Real,
ordinary people changing social attitudes, challenging
courts, voting out politicians.

Rules are important, but popular action/culture is, too.
“Eyes on the Prize”
 https://youtu.be/Ts10IVzUDVw
Segregation and Equality
 Background
Plessy: “separate but equal”
 NAACP; Thurgood Marshall
 Linda Brown & the 14th Amendment
 Thinking about equality
 equality of condition
 inequality and stigma
 “equal educational opportunity”
 Dissenting opinions
 jurisprudential
 political
 moral and psychological
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NAACP & Thurgood Marshall
 In 1938, Thurgood
Marshall became DirectorCounsel of the NAACP’s
Legal Defense and
Educational Fund
 Marshall directed litigation
in the Brown case.
 Served as Supreme Court
Justice from 1967 – 1991.
(Nominated by L. Johnson)
Justice Thurgood Marshall (1967-1991)
The University of Georgia, 1948
Chief Justice Earl Warren (1953-1969)
Some Warren Court Civil Rights Cases
 Brown v. Board of Education I (1954)
 Brown v. Board of Education II (1956)
 Boynton v. Com. Of Virginia (1960)
 Burton v. Wilmington Parking
Authority (1961)
 Baker v. Carr (1962)
 Reynolds v. Sims (1964)
 Heart of Atlanta Motel v. United States
(1964)
 South Carolina v. Katzenbach (1966)
 Loving v. Virginia (1967)
Opposition to Earl Warren
Brown v. Board of Education (1954)
Linda Brown
Miss Brown & Family
Segregation and Equality
 Background
Plessy: “separate but equal”
 NAACP; Thurgood Marshall
 Linda Brown & the 14th Amendment
 Thinking about equality
 equality of condition
 inequality and stigma
 “equal educational opportunity”
 Dissenting opinions
 jurisprudential
 political
 moral and psychological

Segregation and Equality
 Background
Plessy v. Ferguson: “separate but equal”
 NAACP; Thurgood Marshall
 Linda Brown & the 14th Amendment
 Thinking about equality
 equality of condition
 inequality and stigma
 “equal educational opportunity”
 Dissenting opinions
 jurisprudential
 political
 moral and psychological
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Civil Rights
 segregation
 rights: what are they?
 legislation
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Civil Rights Act (1964)
Voting Rights Act (1965)
 causes
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government and power
politics and ideas
The Civil Rights Act of 1964
The Civil Rights Act of 1964
 Banned racial discrimination in public
accommodations
 Banned racial discrimination in employment
 Cut off funds to segregated institutions
 Created the Equal Employment Opportunity
Commission.
The Commerce Clause
 “The Congress shall have Power…To regulate
Commerce with Foreign Nations, and among the
several States, and with the Indian tribes;”
-United States Constitution, Article I, Section 8
 “Confronted as we are with the facts laid before
Congress, we must conclude that it had a rational
basis for finding that racial discrimination in
restaurants had a direct and adverse effect on the
free flow of interstate commerce.”
-Justice Clark, Heart of Atlanta Motel, Inc. v. United States (1964)
The Heart of Atlanta Motel v. United States (1964)
The Voting Rights Act of 1965
The Voting Rights Act of 1965
 Suspended literacy tests used to deny blacks their
right to vote.
 Assigned federal voting registrars in states and
counties where fewer than half of the eligible
voting population had voted in 1964.
 Required all states covered by the act to receive
pre-clearance from the Department of Justice
regarding any laws relating to voting.
Civil Rights
 segregation
 rights: what are they?
 legislation
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Civil Rights Act (1964)
Voting Rights Act (1965)
 causes
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government and power
politics and ideas
Government & Power
(a story of legislative arm-twisting)
John Fitzgerald Kennedy
Lyndon Baines Johnson
JFK & “Going Public”
Johnson becomes President
Lyndon Johnson and “the Treatment”
Politics & Ideas
(some moments during the civil rights era)
 Jackie Robinson & the Brooklyn Dodgers (1947)
 Executive Order #9981 & Military Integration (1948)
 Rosa Parks & the Montgomery Bus Boycott (1957)
 Central High School & the Little Rock Nine (1957)
 Sit-ins & Mob intimidation (1960)
 Freedom Rides & White Backlash (1961)
John Lewis
 Birmingham & “Bull” Connor (1963)
 The March on Washington & “I Have a Dream” (1963)
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Jackie Robinson & the Brooklyn Dodgers (1947)
Executive Order #9981 & Military Integration (1948)
Rosa Parks & the Montgomery Bus Boycott (1957)
Central High School & the Little Rock Nine (1957)
Sit-ins & Mob Intimidation (1960)
Freedom Rides & White Backlash (1961)
John Lewis
Birmingham & “Bull” Connor (1963)
The March on Washington & “I Have a Dream” (1963)
“I Have a Dream”
 “I have a dream that one
day this nation will rise up
and live out the true
meaning of its creed: “We
hold these truths to be
self-evident, that all men
are created equal.”
Marriage and the 14th Amendment
Loving v. Virginia (1967)
Proposition 8 & the 14th Amendment
The Court & Public Opinion
 In May 2010, Americans opposed the legalization
of same-sex marriage 53% to 44%.
 In 1967, 72% opposed interracial marriage.
 “Thus our decision, rather than being the leading
edge of change, is but a part of the moving
stream…”
-Kentucky Supreme Court Justice Leibson (1992)