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Click here for a printable version of lecture notes 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.
Common
Characteristics
-U.S.
born Hispanics:
Where
they live:
75% live in just five states:
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:
-Divorced:
Hispanic Men
II
Puerto Ricans
III
Cuban Americans
-Reasons
why :
IV
Mexican Americans
-
Treaty of Guadalupe Hidalgo ending Mexican-American War had 2
important guarantees:
Hispanic Leaders & Organizations & Strategies to Fight for Equality:
IMPORTANT COURT CASES AFFECTING HISPANICS:
Causes and Solutions
to illegal
alien problem: -Causes:
-Solutions:
IMMIGRATION REFORM AND CONTROL ACT OF 1986:
Criticisms:
-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
-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 ***THE LAWS BELOW
ARE STATE
LAWS AND
VARY FROM
STATE TO STATE*** 2.
DIVORCE LAWS 3.
INHERITANCE TAX LAWS 4.
PHYSICAL ABUSE 5.
NEGLIGENT INJURY 6.
ALIMONY 7.
RAPE 8.
CREDIT 9.
JOBS & PAY 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 |
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SYLLABUS
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SCHEDULE
· INSTRUCTOR ·
ASSIGNMENTS
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Copyright © 2000, 2001
Brian K. Dille.
All rights
reserved.
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