8. Civil Rights

• Civil Rights


  Rights and liberties are protected by the US Constitution and may be modified by Supreme Court rulings:

  • Pressure groups such as the NRA and the NAACP play an important role in campaigning for rights
  • One of the most important struggles for civil rights has been the campaign for racial equality in the USA
• Protection of civil rights and liberties

  The Constitution:

  • framers aimed to protect citizens from an overly powerful government
  • Checked and balances limit the powers of each branch of government
  • The US Supreme Court was established in Article III of the Constitution, giving citizens a court of final appeal if they feel that their rights have been infringed
  • By designing an entrenched constitution, with a complex amendment process, framers aimed to prevent rights from being removed by future government
• Protection of civil rights and liberties

  Bill of Rights:

  The ten amendments in the Bill of Rights were intended to protect the civil liberties of US Citizens from the actions of government

  • First Amendment freedom of speech, press and assembly
  • Second Amendment right to keep and bear arms
  • Sixth Amendment right to a fair trial
  • Eight Amendment which prohibits cruel and unusual punishment
• Protection of civil rights and liberties

  Further Amendments:

  • 13th Amendment (1868) abolished slavery
  • 14th Amendment (1868) gave formally enslaved people full citizenship, equal protection and that freedoms cannot be removed by state
  • 19th Amendment (1920) gave women vote
  • 24th Amendment (1964) gave Americans vote without paying tax, aided Black people to vote
• Protection of civil rights and liberties

  Equal Rights Amendment:

  • not ratified and is not party of the constitution.
  • It would have made it illegal to discriminate on the grounds of sex.
  • It was passed by Congress in 1972 but failed to get the backing of three-quarters of the state legislatures within the timeframe set by congress
• Protection of civil rights and liberties

  Supreme Court:

  • interprets the constitution in relation to modern civil rights and liberties cases
  • Landmark rulings have fundamentally changed the civil rights of Americans
  • In Brown v Board of Topeka (1954), the court struck down the doctrine of 'separate by equal' that had underpinned segregation in Americas South
  • Roe v Wade (1973) the court ruled the women had the right to an abortion in the early stages of pregnancy
  • In Obergefell v Hodges (2015) the court ruled that same-sex couples had the right to marry
• Role of Pressure groups in promoting and supporting rights 


  rights of citizens to form pressure groups is covered by the rights of free speech and assembly defined in First Amendment:

  • Liberal pressure groups have tended to work for the rights of Black people, women and LGBTQ+ community, conservatives pained for religious rights, unborn children and gun rights
  • groups raise funds and pay for campaign to influence public, politicians and judiciary
  • Political campaigning involved lobbying congress, legislatures and governments
  • Legal campaigning sponsors cases and amicus curiae briefs.
• Role of Pressure groups in promoting and supporting rights

  Pressure groups play a key role in promoting and supporting rights, although in recent years social movements have received considerable public and media attention:

  • Black Lives Matter, campaign for racial equality
  • the women's March, campaign for civil rights for women
  • #MeToo, campaign for an end to sexual harassment and assault
  • anti-lockdown movement, campaign for civil liberties during the Covid-19 pandemic
• Pressure groups that promote rights in USA

  NAACP:

  • USA oldest civil rights pressure group
  • Achieved major successes in the 1950s and 1960s as part of the civil rights movement
  • Used conventional campaign methods, whereas MLK and other leaders employed direct action: Legal work (Brown v Board 1954), Mobilisation, (March on Washington 1963), Lobbying (Civil rights act of 1957, 1964 and 1968)
  • 21st Century focuses on health, education, criminal justice and voting rights on social media
  • 2020 Voter mobilisation campaign led to a record Black voter turnout and election of Kamala Harris
• Pressure groups that promote rights in USA

  NRA:

  • One of the most influential lobbying groups in US politics
  • has around 5 million grassroots members, generating more than $100 million in membership fees
  • Spent $30 million supporting Trump's 2016 presidential campaign
  • Credited with having exceptional influence within the Republican Party: in 2018 only six Republicans in Congress had not received NRA funding
  • USed its influence to resist reforms following mass shootings
  • most support stricter laws but NRA lobbies harder
• Pressure groups that promote rights in USA


  American Civil Liberties Union (ACLU)

  • has over 1.75 million and a staff of 300 lawyers who defend civil liberties in the courts
  • defends the civil liberties of all Americans, including the weird ones (NAZI, KKK)
  • Numerous successes including in Brown v Board of Topeka (1954)
  • 21st Century : won court rulings protecting the right to privacy of gay people, against the teaching of intelligent design in science school. attempts to challenge the security measures after 9/11 but the were limited effectiveness as Bush Obama and Trump continued torture.
• Pressure groups that promote rights in USA

  'Pro-choice' groups:

  • Support a women's rights to choose whether she has an abortion or not, and how she manages her reproductive health
  • Include Planned Parenthood, NARAL Pro-choice America, and NOW
  • Democrats and liberals are generally pro-choice
• Pressure groups that promote rights in USA

  'Pro-life" groups:

  • Support the 'right to life' of the unborn foetus or embryo, so are anti-abortion
  • Include the Pro Life Action League, Americans United for Life, and the National Right to Life
  • Often supported by Republicans, conservatives and religious organisations
• The impact of Civil Rights on US politics - race

  Civil Rights movement: power of pressure groups to make meaningful change:

  • Direct action including sit-ins and bus boycotts
  • brutality of police and white citizens was exposed by violence against civil rights campaigners
  • murder of Black Americans, murder of Emmet Till in 1955 failure of US Justice
  • Brown v Board (1954) abolished segregation in the south
  • MLK 1963 'I have a dream' speech
  • Congress passed the Civil Rights Acts of 1957, 1964 and 1968 and Voting Rights Act of 1965
  • 1964 24th Amendment protected Black Americans in voting
• Impact of Civil Rights on US politics - race

  Affirmative Action:

  In an attempt to reverse the inequalities faced by Black Americans, Democrats in the 1960s argued for this:

  • Liberals thought this was fair as it took account of the economic and social disadvantages faced by minorities
  • Conservatives argued it was a form of reverse discrimination, by giving Black Americans enhanced opportunities
  • This has been polarising issue in US politics arguing it was 'reverse racism'; banned in 9 states
  • However, in 2022 the Supreme Court will hear a challenge against Harvards use of race in admissions
• Impact of Civil Rights on US politics - race

  Voting Rights: The 1965 Voting Rights Act made it much easier for Black Americans to vote by removing voting restrictions in most states

  • turnout among Black Americans leapt up, particularly in states with most discrimination
  • Black Americans became an important group of voters - policies have to attract Black politicians
  • More than 20 states introduced restrictions, including stricter voter iD requirements, leading to falling turnout of minorities
  • 2020 election had increased Black American turnout, and Biden then introduce new voting rights
• Impact of Civil Rights on US politics - race

  Incarceration rates: Modern civil rights campaigners argue that the criminal justice system is failing to provide equal rights

  • The incarceration rate for Black Americans is more then five times that of white Americans
  • A black man born in 2001 has a one in three chance spending part of his life in prison
  • Felony disenfranchisement meant that one in every 16 Black Americans of voting age was no longer eligible to vote because of a previous criminal conviction
• Impact of Civil Rights on US politics - race

  Black Lives Matter: movement began in 2013 when #BLM began trending on Twitter after police shooting was acquitted.

  • Subsequent police shootings of unarmed Black Americans resulted in street protests, some of which turned violent, such as Ferguson unrest in 2014
  • Numerous smart phone videos were posted online showing police brutality towards unarmed Black Americans
  • Black Americans are 2.5x more likely to be killed by police than whites. other minorities use this to draw attention to other problems
• Black Lives Matter cont.

  The murder of George Floyd by a White police officer, Derek Chauvin, sparked one of the biggest protests in US history in the summer of 2020:

  • An estimated 23 million people demonstrated across country, despite the Covid 19 pandemic
  • Some protestors engaged in looting, rioting, arson and violence against the police
  • Some authorities targeted protesters with curfews, tear gas, smoke grandes and rubber bullets
  • Trump's threat to send in the military and his tweet, 'when the looting starts, the shooting starts' , criticised for being inflammatory
• Impact of Civil Rights on US politics - race


  Alt-right and domestic terrorism:

  • Black Americans, Hispanic-americans and jews were killed in targeted mass shootings from 2015
  • President Trump was associated with some leading Alt-right figures, Trump failed to condemn the far right after violent rallies.
  • Far-right caused 2/3 of attacks in the US in 2020
  • Hate-crimes against Asian-Americans increased in 2020 as Trump called Covid the 'Chinese virus'
  • Far right armed militias pose a grave threat to democracy, Capitol 2021