LECTURE NOTES
UNIT 12
CIVIL RIGHTS
SIX
TYPES OF DISCRIMINATION BLACK AMERICANS EXPERIENCED
1. Political
Discrimination--Blacks
were denied their constitutional right to vote-guaranteed by the 15 Amendment-through five practices that were once legal and used in various Southern
states: the grandfather clause, the white primary, the poll tax, the
literacy text, and the character test. The
first 3 were eventually declared unconstitutional by the U.S. Supreme
Court. The
last two have been banned by the Voting Rights Act.
2. Economic
Discrimination-Laws
were passed in Southern states barring blacks from entering certain more
skilled and higher paying occupations. Sharecropping
tied them to a cycle of poverty and debt handed down from generation
to generation. As long as
they owed debts, they could not legally leave the country and find better
opportunities elsewhere. Blacks
today still face job and pay discrimination (which are illegal). They
often are paid less than similarly qualified whites or are not hired
or promoted beyond a certain level.
3. Social
Discrimination-Laws
were passed in the South establishing de jure segregation (required
by law). These
were upheld in the Plessy vs. Ferguson case in 1896 through
the "separate but equal" doctrine. The
Court reasoned, where was the inequality if the separate black facilities
were equal in quality to the white ones? Rarely
was the "equal" part enforced. Segregation
meant inferior facilities or no facilities for blacks. This
was finally ended by the U.S. Supreme Court in 1954 in the Brown
v. Board of Education decision for public schools and in 1962
for public facilities. Today,
we still experience de facto segregation resulting from
economics, customs, tradition, and housing patterns.
4. Educational
Discrimination-Segregated
black schools were almost always inferior in quality to white schools. Thus,
black students were not competing on an equal basis with whites in the
job market and to enter college. Today,
inner city, primarily nonwhite schools are still inferior compared to
suburban schools because of an inadequate tax base.
5. Psychological
Discrimination-Blacks
have been viciously stereotyped throughout much of American history by
the media, books, magazines, and scholars. They
were generally portrayed as dumb, lazy, shiftless, immoral, inferior,
and generally undeserving of the same rights whites had. This
justified the discriminatory treatment against blacks and still affects
white attitudes towards blacks today. These
attitudes, although less prevalent, still remain today.
6. Physical
Discrimination-Blacks
who stood up for their rights, complained, were assertive, did not act
submissively, and jumped out of line were threatened with physical violence, KKK
actions, cross burnings, vandalism, beatings, and brutal lynching. This
was not a crime and attempts to pass any anti-lynching law in Congress
were always defeated. Grand
juries generally refused to indict whites for lynching blacks and trial
juries refused to judge guilty the few who
were indicted. This
lasted into the 1960's!!! This
was legalized violence and murder!!!
HISPANICS
I Hispanics (Latinos,
Latins)
Anyone
with a Latin American background; sometimes includes those with Spanish and
Portuguese backgrounds.1998--28 million Hispanics in U.S. -- Second Largest
minority group in U.S. and the fastest growing; will surpass blacks in the
1990s. Fifty-three Million by
2020.
Mexican
Americans -- 65%
Puerto
Ricans -- 10%
Cuban
Americans -- 4%
All
others with Central and South American backgrounds -- 13%
Common
Characteristics
-63%
born outside U.S.; indicates many are recent arrivals and first generation
-43%
speak little or no English
-90%
speak Spanish = language barrier
(causes more problems)
-50%
feel Hispanic first, American second -- ties to old culture
-89%
feel they must pass down cultural and religious tradition to kids =
ties to old culture
-U.S.
born Hispanics:
-75%
speak English proficiently
-51%
feel it is most important for kids to learn English
Where
they live: 75%
live in just five states:
California -34%,
Texas - 19%,
New York - 10%,
Florida - 7%,
Illinois - 4%
=
75% of all Hispanics in the U.S.
Income: Hispanics
-- 27% below poverty line; Non-Hispanics
-- 16%
Education: (High
School graduates) Anglos 67%;
Blacks 46%; Hispanics 40%; high number of dropouts
Politics: ( Registered to vote) Hispanics 38%; Non-Hispanics 67%--this reduces the political strength and clout of Hispanics.
-2-Parent household with minor children:
37%
- Hispanics v. 26% - U.S.
-Divorced:
7.9%
- Hispanics v. 9.2 % U.S.
Hispanic Men
- 80%
employed -- U.S. average - 67% of men = strong work ethic
II Puerto
Ricans
-Economic
refugees -- come to U.S. for better economic opportunities
-Most
settle in New York area -- face much poverty and discrimination--worse
off than Mexican Americans or Cuban Americans
--
many still live in ghettos
-Have
one advantage: are
U.S. citizens before they arrive = political advantages
III Cuban
Americans
-Are
the best off of all Hispanic groups -- have made it in U.S. society,
middle class
-Reasons
why :
1. are
political refugees fleeing communism in Cuba -- welcomed in U.S. society,
given much help
2. most
who came were middle income or upper class -- brought money, high education,
white collar job skills
3. many
are a part of the establishment in Miami and Florida -- revitalized
Miami
4. many
first generation Cuban immigrants are reluctant and slow to become
U.S. citizens because hope to return
to Cuba one day
IV Mexican
Americans
-Largest
Hispanic group, largest minority in Southwest
-Similar
to Indians -- a conquered minority -- were here when Anglo- Americans
arrived.
Most
Mexicans in Texas sided for independence from Mexico, some died at
the Alamo, provisional vice-president of Texas Republic was Tejano
(Mexican American)
- Treaty
of Guadalupe Hidalgo ending Mexican-American War had 2 important
guarantees:
1. Spanish
and Mexican land grants would be recognized by U.S. with little proof
required
2. Mexicans
choosing to remain in Southwest after war automatically guaranteed
U.S. citizenship and all such rights
-U.S.
did not live up to these 2 guarantees -- much land lost by Mexican-Americans
and they faced much discrimination
-Mexican-Americans
valued primarily as cheap labor.
-First
big influx of Mexican-Americans into U.S. was in 1910 - 20 during bloody
Mexican Revolution.
-
U.S. sent labor recruiters into Mexico during 1920s begging Mexican
workers to come north
-When
Depression hit, 1930s, Mexican-Americans viewed as taking jobs from
Americans, so many were illegally deported
( 2 million) in operation Wetback even though many were here
legally or were U.S. citizens --no hearing held, contrary to law
-WWII:
U.S. had another labor shortage, so we recruited again, and started bracero program
-- an agreement between U.S. and Mexican govt. -- jobs, pay, and
housing guaranteed to Mexican workers, and after job over, Mexican
workers returned to Mexico. This
program ended in 1965 due to pressure from unions, some Hispanics
and others who felt they lost jobs to braceros willing to work for
less -- end of bracero program led to beginning of huge flow of illegal
aliens from Mexico.
-Mexican-Americans
never faced de jure segregation, but face de facto segregation,
job discrimination, social discrimination and stereotyped as lazy,
bumbling, always taking siestas, violent
Hispanic Leaders & Organizations & Strategies to Fight for Equality:
Cesar
Chavez -- founded
United Farm Workers union to help migrant workers attain better
pay, treatment, benefits, etc. --used strikes, boycotts, and
economic pressure.
LULAC -- oldest
Hispanic civil rights group -- use court litigation, stress assimilation
and learn English quickly.
Raza
Unida -- a
third political party founded by Mexican-Americans in Texas to
represent Mexican-American community and run Hispanic candidates
-- spread to 37 states, in decline.
IMPORTANT COURT CASES AFFECTING HISPANICS:
Cisneros Case -- Supreme Court told Texas they could not integrate their schools by simply mixing blacks and Hispanics (who were legally white), but they had to integrate blacks, Mexican-Americans, and Anglos -- Mexican -Americans could not be considered "White" for integration purposes. Texas compares poorly in its treatment of and opportunities given Mexican-American in comparison to 4 other southwestern states.
Rodriguez
case(1975) -- case
filed by a Mexican American challenged the constitutionality
of the property tax to finance public schools because he argued
(due to lower property values in the inner city as compared to
the suburbs) that it perpetuated unequal inferior inner city
schools, which contributed to inner city students (primarily
nonwhite) receiving an inferior education, which meant they were
at a disadvantage competing in the job market or attempting to
enter college --end result -- these students would end up in
lower paying jobs, could then afford to live only in cheaper
housing (located primarily in the inner city) and their children
(the second generation) would then be attending the same inferior
schools and getting the same inferior education -- perpetuating
the "Poverty Cycle." Although
the Supreme Court did not contest his statistics, they ruled
that the property tax was constitutional -- thus perpetuating
the inferior schools for inner city students.
Edgewood v Kirby(1989)--Texas
Supreme Court ruled use of property tax as primary method of financing
Texas public Schools violated the Texas Constitution and Texas must
close funding gap between wealthy and poor school districts.
Causes and Solutions to illegal alien problem:
-Causes:
1. poverty in Mexico and Latin America,
2. lack of jobs,
3. high population growth,
4. U.S. projects itself as "A Land of Opportunity" -- exaggerated
5. U.S. employers knowingly recruit and hire them because no penalties
6.
inadequate border patrol -- kept this way deliberately by some groups
lobbying Congress because they want cheap labor.
-Solutions:
1. penalize employers who knowingly hire
2. beef up border patrol,
3. help Mexico with internal problems with more foreign aid
4.
change U.S. propaganda as "land of opportunity" -- don't
oversell U.S.,
5.
quit recruiting illegal labor.
IMMIGRATION
REFORM AND CONTROL ACT OF 1986:
1. Increases
by 50% the number of border patrol officers.
2. Grants
to most undocumented aliens who came to the U.S. before Jan. 1, 1982
the right to become permanent resident
aliens (and eventually citizens).
3. Creates
fines for employers who knowingly hire undocumented aliens and requires
them to keep records.
4. Allows
a certain number of aliens to come into the U.S. to serve as temporary
farm workers.
Criticisms:
1. Hispanics fear that the fines will make employers hesitate to hire Hispanics (or anyone who "looks or sounds" foreign) = more job discrimination
2. Employers worry about keeping costly records
3. Workers are worried that the temporary workers allowed in will be used to keep wages low
4.
Others fear the negative effect on Mexico and that it will worsen our
relations with Mexico.
-Studies
conflict as to whether illegals take jobs from U.S. workers -- most do pay
taxes and don=t take social services for fear of being caught.
Proximity
of Mexico and how it affects Mexican - American Assimilation
1. Because
Mexico is so close, easy to travel back and forth, visit relatives.
2. Spanish
media in Southwest undermines attempts to learn English.
3. In
many Southwestern towns, Mexican Americans are a majority, so less
need to learn English and assimilate;
constant influx of new immigrants from Mexico reinforces old language
and cultural traditions -- all of
this makes assimilation for Mexican-Americans more difficult than
for other groups, thus assimilate slower.
-in
1940s and 1950s, it was to their advantage for Mexican-Americans to be
considered white. Since
1960s it is to their advantage to be considered Hispanic, a minority
ASIAN AMERICANS
CHINESE
-- They were the first major Asian immigrants into the U.S., entering
in the 1860s-1880--valued primarily as cheap labor, especially in the
building f the transcontinental railroad. They
were viewed with suspicion from the beginning, due to racial prejudice. They
were stereotyped as "sly, cunning, devious, immoral, docile, drug
dealers" and labeled the "yellow peril.
Three
factors bothered Americans about the Chinese and other Asian immigrants:
1. Racial
differences: they were the first major nonwhite group to immigrate to the
U.S. (excluding blacks).
2. They
were the first major non-Christian group to enter the U.S. (excluding blacks)
3. The
Oriental culture or "Oriental mind" was viewed as too different
from the Western mind.
CONCLUSION: For
the above 3 reasons, the Chinese and later, other Asian immigrants, were
viewed as unable to assimilate into American culture.
The
Chinese Exclusion Act of 1882 barred further Chinese from legally entering
the U.S.
JAPANESE--
With the barring of legal Chinese immigrants, Americans on the West coast,
needing a new source of cheap labor, turned to the Japanese, who began
entering the U.S. from the 1880s until 1924, when a law was passed barring
any more Japanese immigrants from legally entering the U.S. Although
the Japanese were viewed with slightly less suspicion than the Chinese
(due to their higher level of education), they still encountered much prejudice. The
fact that they competed very well economically, and became very successful
farmers and businessmen threatened many Americans. Laws
were passed prohibiting anyone born in Japan from becoming a U.S. citizen,
owning land in California, or leasing it for long periods of time.
The
Japanese attack on Pearl Harbor in December 1941 caused a wave of hysteria
on the West coast. The federal
government was pressured to "do something" to rid the West coast
of the "Japanese threat"--many Americans viewed them as a security
threat, loyal to Japan, not the U.S. As
a result, President Roosevelt signed an executive order authorizing the
removal of 114,000 Japanese Americans from the West coast and their detention
in "detention camps" in the interior of the U.S. from spring
1942-early 1945. They had
48 hours to sell or get rid of their assets, could only take what they
could carry, and lost an estimated 90% of their assets. In
a court suit, the U.S. Supreme Court upheld this detention by a 6-3 vote
(the Korematsu decision), even though 70% plus of these Japanese
Americans were U.S. citizens. Economic
pressure from labor unions, businesses, and farmers in California, along
with racial prejudice, led to this. Few
Americans questioned this.
TODAY--
Japanese Americans have a suit pending in the federal courts to get the
earlier 1943 decision reversed, receive compensation for their losses,
and get a formal apology from the U.S. government. A
congressional commission established to study the matter concluded there
existed no real security or military threat from the Japanese Americans,
FDR's military advisors told him this was not necessary, and this relevant
information was withheld from the Supreme Court prior to their 1943 decision. Clearly,
this was a violation of their constitutional rights, the Bill of Rights,
and we simply assumed they might be guilty because of their race. There never was one act of disloyalty or espionage ever proven
against any Japanese American.
QUESTION: Why
did we only round up the Japanese Americans, and not the German or Italian
Americans whose mother countries we were also at war with?
TODAY-Japanese
and Chinese Americans rank above the national average in both education
and income. Other Asian American
groups (Koreans, Vietnamese) also rank very high. They
have succeeded economically despite prejudice. Why:
Their strong work ethic, their emphasis on education, and the Asian cultural
tradition of doing nothing to embarrass the family.
SEX DISCRIMINATION AND THE LAW
1. SOCIAL
SECURITY LAWS
Women lose all of their husband's social security benefits if the divorce occurs
before the marriage has lasted 10 years. This
hurts the non-working woman who had no career or gave it up to be a housewife
and take care of the kids.
***THE LAWS BELOW ARE STATE LAWS AND VARY FROM STATE
TO STATE***
2. DIVORCE
LAWS
In some states men may get a divorce from their wives on certain grounds (drunkenness
or adultery) that the woman cannot use against her husband to get a divorce.
3. INHERITANCE
TAX LAWS
In some states the widow (a woman) still has to pay an inheritance tax on her
husband=s estate. But the widower (a man) pays a lower tax rate or no tax at
all. (Even though men are usually financially more able to pay the tax.)
4. PHYSICAL
ABUSE
In some states, a wife still cannot sue her husband for beating her up. This
goes back to the days when a wife was her husband's property, and he could
do as he pleased. If he beat her,
she "must have done something to deserve it."
5. NEGLIGENT
INJURY
In some states, if a wife's injuries lead to a loss of marital relations, the
husband can sue the party responsible for his wife's injuries on the grounds
of "loss of consortium." But
the wife cannot do the same if it's the husband's injuries that lead to a loss
of marital relations. It's the
old idea that sex is more important to men than women, so no big deal if a
woman loses it: (This was true in Texas until 1978.)
6. ALIMONY
In some states (Texas), alimony is forbidden. This
penalizes the non-working woman who gave up her career to be a housewife and
mother. She often has no education
or job skills to fall back on. Employers
are often unwilling to hire such women, especially if they are in their 50s
or 60s.
7. RAPE
In some states, a husband cannot be charged with raping his wife--he
has certain privileges. Women's
groups argue if the couple is separated and/or undergoing a divorce, the woman
should have legal protection from being attacked by her husband.
8. CREDIT
Although a 1977 federal law prohibits discrimination for credit on the basis
of sex, indications are that women still find it more difficult to obtain
credit due to the old stereotype they cannot manage money, have no business
sense, can't balance a checkbook, etc.
9. JOBS & PAY
Although a 1963 federal law prohibits pay discrimination on the basis of sex
and a 1964 law prohibits job discrimination on the basis of sex. Women
often find they are not seriously considered or hired for certain "traditionally
male" jobs (usually better paying and higher level jobs) or they are
paid less for the same job. Women
in "traditionally female" jobs (nurses, teachers, secretaries)
are often paid less than men in "traditionally male" jobs (truck
drivers, deliverymen, salesmen) even though the women's jobs in these instances
require more training and education.
10. MANAGEMENT
OF PROPERTY
Affirmative action are programs used by both
government, colleges and universities, and employers, that make a special
effort—give preferential treatment--to recruit and hire minorities—women
and non-whites. They may include
quotas but they often do not.
· Affirmative
action is constitutional only if used properly.
· “If
you engaged in past discrimination, then you must come up with an affirmative
action program that may include a quota.”
· “If
you have not engaged in it in the past then its voluntarily allowed but no
quota allowed.”
· Pros
1. Makes up for past discrimination—necessary to undo the effects
of past discrimination.
2. Eliminates barriers that still exist due to continuing prejudice,
especially in the job market.
3. Is not the same as “old type” of discrimination because the
old type was designed to keep minorities and women “in their place” but affirmative
action, while it might have a discriminatory effect, has no discriminatory
intent because its designed to help minorities and women have equal opportunity,
not to keep whites and men “in their place.”
· Cons
1. Decreases quality of employees (omitting the most qualified
employees) who may be white or male
2. Reverse Discrimination—just as wrong and unconstitutional
as the “old type” of discrimination against nonwhites and women
3. Violates the 14th Amendment equal protection clause
4. Violates the 1964 Civil Rights Act that prohibits job discrimination