Controversies and interpretations of civil rights
- 1. Controversies and Interpretations of Civil rights and Landmark Decisions. California content standard section 12.5 section 3. Explain the controversies that have resulted over changing interpretations of civil rights, including those in Plessy v. Ferguson, Brown v. Board of Education, Miranda v. Arizona, Regents of the University of California v. Bakke, Adarand Constructors, Inc. v. Pena, and United States v. Virginia (VMI).
- 2. Plessy v. Ferguson (1896) This was a case regarding Homer Plessy who was mixed race riding in a white only section of a train, Plessy was arrested for breaking the law and forcibly removed. Plessy argued that the right to ride in the white only train (which was better managed) infringed his fourteenth amendment under the constitution. In a landmark decision the court ruled that segregation was allowed as long as it was separate but equal. This case was before the Civil Rights Movement and served as a foundation for any existing laws at the time Q: what problems would this cause can things be separate but equal?
- 3. The civil rights in a nutshell The civil rights movement was a struggle by African Americans in the mid-1950s to late 1960s to achieve civil rights equal to those of whites, including equal opportunity in employment, housing, and education, as well as the right to vote, the right of equal access to public facilities, and the right to be free of racial discrimination. No social or political movement of the twentieth century has had as profound an effect on the legal and political institutions of the United States.
- 4. Effects and impacts the key objective of the Civil Rights movement was to protected minorities from Segregation, Disenfranchisement, and exploitation but violence as well. The movement “ended” segregation and put an end to Jim Crow laws in the south that made African Americans second class citizens. The emergence of civil rights was a series executive orders, laws, legislation and supreme court landmark cases that slowly moved its way through the county. The problem was not fixed over night. Reminder Plessy vs Ferguson still stood as a foundation. On a separate piece of paper please answer the following-- Q: how different would America be today if the Civil Tights movement failed to achieve its goals, how would it effect you personally.
- 5. Brown v. Board of Education (1954) The problem was that as long it was separate but equal it was fine under the law. Under brown vs board parents complained that the white only school was better equipped with teachers and received proper funding in Topeka Kansas. African parents wanted there children to attend a white only school because it was closer to there home rather than the colored only school which was in the next town over. The court discovered that white only schools were in fact better funded and better equipped then there African counter part. In a first ever controversy the decision of “separate but equal” was thrown out due to its failure. The court ordered that public schools would forcibly allow admonition to any student regardless of race and put an end to the segregated public school system.
- 6. Miranda v. Arizona (1966) Miranda v Arizona was a case regarding Ernesto Miranda who was involved in a rape, but at the time of his arrest he was not let aware of his constitutional rights by the police. Miranda gave a confession in a forced interrogation by the police and was pressured. The court found that the police department under the time of an arrest must give the Miranda warning. This warning is given at the time of an arrest or during an interrogation to all suspects. Q: What would happen to minorities or the uninformed during an arrest, if they are unaware of there right tor remain silent? Would they become targets for discrimination?
- 7. Regents of the University of California v. Bakke (1978) https://www.youtub e.com/watch?v=g3- Q-HFIevE
- 8. Adarand Constructors, Inc. v. (Peña 1995) Adarand Constructors were a low-bidding subcontractor and consequently denied a contract on a federal highway project. They sued the Secretary of Transportation, alleging that the federal governments incentives to hire minority subcontractors denied him equal protection of the laws. Audio https://www.oyez.org/cases/1994/93- 1841 During an earlier landmark case the supreme court ruled that “socially and economically disadvantaged individuals.” (women, ethnic group or minority) would get priority and selected for government contacts due to their status over white contactors. This is yet another controversy the supreme ruled to favoring minority contactors, but failed to uphold the 14th amendment.
- 9. United States v. Virginia (1996) Virginia Military Institute (VMI) was the only single-sexed school in Virginia. VMI used a highly adversarial method to train (male) leaders for the job market. There was no equal educational opportunity to that of VMI in the State for women. Gender-based classifications of the government can be defended but The State must show proof that its classification serves important governmental objectives that the employment opportunities are the same. The justification must be genuine, not hypothesized. And it must not rely on overbroad generalizations about the differences between males and females. Women were simply not equally prepared and were provided unfair opportunities while attending the separate women's only school. Q: under this ruling gender based discrimination was seen as unconstitutional in separating VWIL (women) and VMI (men). What opportunities did the Civil Rights movement open up for women?
- 10. Conclusion and review The civil rights movement went beyond from only protecting African Americans it benefited several ethnic minority groups and women as well. The separate but equal clause was thrown out due to its failure (brown vs board) but stood as a foundation for over 50 years. Many of the cases were similar in in nature in ruling such as Brown vs Board, Virginia vs the United states, Adarand Constructors ect. Which caused confusion and controversy within the public. All individuals are protected under the constitution regardless of race, ethnicity the Civil rights did not just focused on minorities but protected white Americans as well(Regents of the University of California v. Bakke, Adarand constructors). Although this was a difficult time in our history America is still progressing and learning from our mistakes.