7.5 How Do Governments Bring About Civil Rights Change?
3 min read•june 18, 2024
and government institutions are deeply intertwined. has historically shaped laws, enforcement, and representation, perpetuating systemic inequalities. However, efforts to combat discrimination through legislation and policies have made progress in promoting equity.
The three branches of government play crucial roles in civil rights. The legislative branch enacts protective laws, the executive enforces them and implements policies, while the judiciary interprets laws and strikes down discriminatory ones. Landmark court cases have significantly impacted civil rights in America.
Civil Rights and Government Institutions
Impact of racism on institutions
Biased laws disproportionately affect certain racial or ethnic groups
Unequal enforcement of laws by law enforcement and the judicial system
Underrepresentation of minority groups in government decision-making positions
Perpetuates systemic inequalities in education, housing, and employment
Historical examples:
laws enforced racial segregation and limited civil rights (United States)
Apartheid institutionalized racial segregation and white supremacy (South Africa)
Efforts to combat racism in government:
Anti-discrimination legislation prohibits discrimination ( of 1964)
Affirmative action policies increase representation of underrepresented groups
Diversity and inclusion initiatives within government institutions promote equity
Branches of government in civil rights
Legislative branch:
Enacts laws that protect civil rights and prohibit discrimination (Civil Rights Act of 1964, of 1965, of 1990)
Proposes to expand civil rights protections
Executive branch:
Enforces civil rights laws and implements policies to promote equality
Issues executive orders to address civil rights issues ( desegregated the military, mandated affirmative action)
Judicial branch:
Interprets laws and determines their constitutionality
Exercises to strike down discriminatory laws and policies
(1954) declared racial segregation in public schools unconstitutional
(1967) struck down laws banning interracial marriage
(2015) legalized same-sex marriage nationwide
Executive Power and Civil Rights Reforms
Executive power for rights reforms
Formal methods of executive power:
Executive orders are legally binding directives issued by the president to federal agencies ( required government contractors to practice affirmative action)
Appointing federal judges and officials who support civil rights (President Lyndon B. Johnson appointed to the Supreme Court)
Informal methods of executive power:
Bully pulpit uses the president's public platform to advocate for civil rights and influence public opinion (President John F. Kennedy's televised address on civil rights in 1963)
Collaborating with civil rights leaders and organizations to push for reforms (President Lyndon B. Johnson partnered with and the )
Government redress of rights violations
Legislation aimed at rectifying past injustices:
of 1988 provided to Japanese Americans interned during World War II
(1999) settled claims of racial discrimination against Black farmers by the U.S. Department of Agriculture
Apologies and acknowledgments of historical wrongdoings:
U.S. House Resolution 194 (2008) apologized for the enslavement and racial segregation of African Americans
U.S. Senate Resolution 201 (2005) apologized for failing to enact anti-lynching legislation
Limitations and criticisms of government efforts:
Reparations for slavery and systemic racism remain contentious
Some argue apologies and symbolic gestures are insufficient without substantive policy changes
Ongoing disparities in criminal justice, education, and wealth suggest more work is needed to fully address historical injustices
Strategies for Civil Rights Change
mobilizes communities to demand change from the ground up
uses nonviolent resistance to challenge unjust laws and policies
involves direct advocacy to lawmakers to influence civil rights legislation
Legal challenges based on the of the 14th Amendment
Key Terms to Review (56)
Activism: Activism refers to the use of direct action or campaigning to bring about social, political, economic, or environmental change. It involves individuals or groups taking deliberate steps to influence public opinion, policies, or laws through various means of advocacy and protest.
Americans with Disabilities Act: The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The ADA's goal is to ensure that people with disabilities have the same rights and opportunities as everyone else.
Black Panthers: The Black Panthers, also known as the Black Panther Party, was a revolutionary black political organization that was founded in 1966 to address issues of racial inequality and police brutality against the African American community. The group advocated for black empowerment, self-defense, and community-based social programs to improve the lives of African Americans.
Brown v. Board of Education: Brown v. Board of Education was a landmark 1954 Supreme Court case that overturned the 'separate but equal' doctrine established in Plessy v. Ferguson, declaring state laws that segregated public schools unconstitutional. This historic decision was a pivotal moment in the Civil Rights Movement, paving the way for greater government action to bring about civil rights change and setting the stage for the judiciary to play a more active role in addressing issues of discrimination.
Civil disobedience: Civil disobedience is the act of intentionally refusing to obey certain laws, demands, or commands of a government or occupying international power as a form of peaceful political protest. It is typically carried out to draw attention to laws or policies considered unjust and to advocate for change without resorting to violence.
Civil Disobedience: Civil disobedience refers to the deliberate, nonviolent refusal to comply with certain laws or government demands, often as a form of political protest or to bring attention to perceived injustices. It is a tactic used by individuals and groups to challenge the status quo and advocate for social and political change.
Civil Liberties Act: The Civil Liberties Act is a landmark legislation that aimed to address and redress the injustices faced by Japanese Americans during World War II. It acknowledged the fundamental rights and freedoms that were unjustly denied to this group and provided reparations for their incarceration in internment camps.
Civil Rights: Civil rights refer to the fundamental rights and freedoms guaranteed to all individuals within a society, regardless of their race, ethnicity, gender, religion, or other characteristics. These rights protect individuals from discrimination and ensure their equal treatment under the law, enabling them to fully participate in political, economic, and social life.
Civil Rights Act: The Civil Rights Act is a landmark federal law in the United States that prohibits discrimination based on race, color, religion, sex, or national origin. It has played a crucial role in advancing civil rights and addressing issues of public policy, public interest, and power dynamics in the country.
Civil rights movement: The Civil Rights Movement was a series of social and political campaigns in the United States aimed at ending racial segregation and discrimination against African Americans, and securing legal recognition and federal protection of the citizenship rights enumerated in the Constitution and federal law. It spanned from the 1950s to the 1960s, featuring nonviolent protests, legal challenges, and community actions.
Civil Rights Movement: The Civil Rights Movement was a long-lasting struggle for racial equality and justice in the United States, particularly for African Americans. It encompassed various social, political, and legal efforts to end racial discrimination and secure equal rights and opportunities in areas such as voting, education, housing, and public accommodations.
Constitutional Amendments: Constitutional amendments are changes or additions to a country's fundamental governing document, the constitution. These amendments are designed to adapt the constitution to evolving societal needs, address emerging issues, or clarify ambiguous provisions. They are a crucial mechanism for governments to bring about civil rights change and address the decline of legislative influence over time.
Crenshaw: Kimberlé Crenshaw is a scholar and civil rights advocate who introduced the concept of intersectionality, highlighting how different aspects of social and political identities (gender, race, class, etc.) overlap and influence the experience of discrimination. Her work emphasizes the importance of considering these intersecting identities within laws and policies to effectively address civil rights issues.
Critical Race Theory: Critical race theory (CRT) is a framework that examines how race and racism are deeply embedded within various social, economic, and political systems, structures, and institutions. It challenges the notion of colorblindness and seeks to understand and address the ways in which racism perpetuates and maintains power imbalances in society.
Desegregation: Desegregation is the process of eliminating racial segregation, integrating previously separated races within public and private spaces, especially within educational institutions and public facilities. It involves enforcing laws and policies that prohibit racial discrimination to ensure equal access and opportunities for people of all races.
Desegregation: Desegregation refers to the process of ending the separation of people based on race, particularly in public facilities and institutions. It is a crucial component of the civil rights movement and government efforts to bring about greater equality and justice.
Disenfranchisement: Disenfranchisement refers to the deprivation or denial of the right to vote, which can limit voter participation and undermine civil rights. This term is particularly relevant in the contexts of voter suppression, civil rights abuses, and efforts by governments to address civil rights issues.
Equal Protection Clause: The Equal Protection Clause is a provision in the Fourteenth Amendment of the United States Constitution that requires states to provide equal protection under the law to all people within its jurisdiction. It is a critical component in the government's efforts to bring about civil rights change.
Executive Order 10925: Executive Order 10925 was a landmark executive order issued by President John F. Kennedy in 1961, which established the President's Committee on Equal Employment Opportunity and prohibited federal contractors from discriminating in employment practices on the basis of race, color, religion, or national origin. This order was a significant step in the federal government's efforts to promote civil rights and equal opportunity in the workplace.
Executive Order 11246: Executive Order 11246 is a landmark policy enacted in 1965 that prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. It aims to promote equal employment opportunity and affirmative action in the workplace.
Executive Order 9981: Executive Order 9981 was an executive order issued by President Harry S. Truman in 1948 that abolished racial segregation in the United States Armed Forces. It was a significant step towards achieving civil rights and equality for African Americans in the military and paved the way for further desegregation efforts in the federal government.
Ford: Ford, particularly referring to Henry Ford in historical context, played a significant role in societal shifts through industrial innovation and labor practices. His implementation of the assembly line and fair wage policies not only revolutionized automobile manufacturing but also contributed to economic mobility and the American middle class's growth, indirectly affecting civil rights by setting new standards for workers.
George H. W. Bush: George H. W. Bush served as the 41st President of the United States from 1989 to 1993, playing a significant role in shaping civil rights legislation and policies during his term. Notably, he signed the Americans with Disabilities Act (ADA) in 1990, which prohibited discrimination based on disability.
Grassroots lobbying: Grassroots lobbying involves mobilizing community members to influence public policy or government action by contacting their representatives or through public demonstrations. Unlike traditional lobbying, which is done directly by interest group lobbyists, grassroots lobbying harnesses the collective power of individuals at the local level.
Grassroots Organizing: Grassroots organizing refers to the process of building a movement or campaign from the ground up, driven by the active participation and engagement of ordinary citizens, rather than being initiated or directed by political elites or institutions. It emphasizes local, community-based action and empowerment of individuals to bring about change.
Informal executive power: Informal executive power encompasses actions and influence that a governmental leader, such as a president or prime minister, can exert without relying on formal legal or constitutional authority. These powers allow leaders to initiate changes in civil rights through persuasion, public appeals, and behind-the-scenes negotiation.
Institutional racism Introduction,: Institutional racism involves discriminatory practices, policies, and norms that are embedded within public and private institutions, which result in unequal opportunities and outcomes for people based on race. It is systemic in nature, affecting multiple aspects of society including legal, educational, and economic systems.
Intersectionality: Intersectionality is a concept that recognizes individuals face overlapping forms of discrimination and disadvantage that stem from their various identities, such as race, gender, class, sexuality, and other axes of identity. It emphasizes the need for nuanced approaches to civil rights policies and practices that take into account these multidimensional aspects.
Intersectionality: Intersectionality is a theoretical framework that examines how different forms of social and political identities, such as race, class, gender, sexuality, disability, and age, intersect and overlap to create unique experiences of discrimination and marginalization. It emphasizes that these identities cannot be analyzed in isolation, but must be understood in relation to one another.
Japanese American Citizens League: The Japanese American Citizens League is the oldest and largest Asian American civil rights organization in the United States, established to address issues of discrimination and civil rights violations against people of Japanese ancestry in America. It played a significant role in advocating for reparations and a formal apology from the U.S. government for the internment of Japanese Americans during World War II.
Jim Crow: Jim Crow refers to the discriminatory laws and policies enacted in the United States after the end of Reconstruction, which enforced racial segregation and denied African Americans their civil rights. These laws and practices were in place from the late 19th century until the 1960s.
Judicial Review: Judicial review is the power of courts to evaluate the constitutionality of legislative acts and executive decisions. This process allows the judiciary to check the other branches of government and ensure that laws and actions align with the constitution, thus protecting individual rights and maintaining a balance of power.
Lobbying: Lobbying refers to the act of attempting to influence the decisions of government officials, legislators, or other policymakers on a particular issue. Lobbyists advocate for the interests of individuals, organizations, or special interest groups by communicating with elected representatives and government officials to sway their decisions in a favorable direction.
Long: In the context of Civil Rights within Introduction to Political Science, "long" describes the extended duration often required for governments to implement and achieve significant civil rights changes. This temporal aspect highlights the numerous challenges and persistent efforts needed to enact legal and social reforms.
Loving Day: Loving Day commemorates the anniversary of the 1967 United States Supreme Court decision in the case of Loving v. Virginia, which declared all laws against interracial marriage unconstitutional. It is celebrated on June 12th and marks a significant moment in the civil rights movement, highlighting the government's role in advancing civil rights through judicial action.
Loving v. Virginia: Loving v. Virginia was a landmark 1967 Supreme Court case that struck down laws prohibiting interracial marriage, a major victory for the civil rights movement and an important step in advancing equal protection under the law.
March on Washington: The March on Washington was a pivotal civil rights protest that took place in 1963, where over 250,000 people gathered in Washington, D.C. to demand racial equality and justice. It was a landmark event that helped galvanize the civil rights movement and led to the passage of landmark civil rights legislation.
Martin Luther King Jr.: Martin Luther King Jr. was a prominent African American civil rights leader who played a pivotal role in the American civil rights movement from the mid-1950s until his assassination in 1968. He was a key figure in advancing civil rights through nonviolence and civil disobedience, inspired by his Christian beliefs and the nonviolent activism of Mahatma Gandhi.
NAACP: The National Association for the Advancement of Colored People (NAACP) is a prominent civil rights organization in the United States that has worked to eliminate racial discrimination and ensure the political, educational, social, and economic equality of all people. It has been at the forefront of the civil rights movement and has played a crucial role in bringing about government-led civil rights changes.
Obergefell v. Hodges: Obergefell v. Hodges was a landmark 2015 Supreme Court case that legalized same-sex marriage nationwide. The decision held that the Fourteenth Amendment requires all states to license and recognize same-sex marriages, overturning previous state-level bans and establishing marriage equality as a fundamental right.
One-drop rule: The one-drop rule was a social and legal principle in the United States that classified as Black any individual with any amount of African ancestry. It emerged in the 20th century to enforce racial segregation and the disenfranchisement of people with African descent under the guise of racial purity.
Pigford v. Glickman: Pigford v. Glickman was a class-action lawsuit filed by African American farmers against the United States Department of Agriculture (USDA) for racial discrimination in its farm loan and assistance programs. The case led to a historic settlement that aimed to address the long-standing issue of discrimination faced by Black farmers in America.
Ponce: Policy change for civil rights involves governmental actions and legislative adjustments aimed at ensuring equal protections and freedoms for all citizens, regardless of their backgrounds or identities. It encompasses a range of efforts from amending existing laws to introducing new regulations that address inequalities and discrimination.
Public interest litigation (PIL): Public Interest Litigation (PIL) is a legal action initiated in a court of law for the enforcement of public interest or general welfare, where the public or a specific class of the community has pecuniary interest or some interest by which their legal rights or liabilities are affected. It allows an individual or group to file a lawsuit on behalf of those whose rights are directly affected.
Racism: Racism is a system of oppression and discrimination based on the belief that one race is superior to others. It manifests through prejudiced attitudes, biased behaviors, and unfair treatment towards individuals or groups due to their race or ethnicity.
Reparations: Reparations are compensatory measures taken by governments or institutions to rectify historical injustices and harms inflicted upon groups or communities. These can take various forms, including financial compensation, land redistribution, apologies, and policy changes aimed at correcting inequalities.
Sotomayor: Sonia Sotomayor is an Associate Justice of the Supreme Court of the United States, appointed by President Barack Obama in 2009. She is known for her advocacy for the rights of defendants, support for affirmative action, and her commitment to issues related to civil rights.
Taney: Roger B. Taney was the fifth Chief Justice of the United States, serving from 1836 to 1864, known for his controversial ruling in the Dred Scott v. Sandford case which declared that African Americans could not be American citizens and negated federal power to regulate slavery in U.S. territories. His decision had profound implications on civil rights and is often cited as a catalyst for the American Civil War.
The justice gap: The justice gap is the disparity between individuals who need legal representation or services and those who actually have access to them. It particularly affects marginalized communities and highlights systemic inequalities within judicial systems.
Thurgood Marshall: Thurgood Marshall was a pioneering African American lawyer and civil rights activist who served as the first Black Supreme Court Justice in the United States. He is widely recognized for his instrumental role in the civil rights movement and his efforts to bring about significant changes in the legal system to advance racial equality.
Trudeau: In the context of civil rights within the Introduction to Political Science, "Trudeau" refers to Justin Trudeau, the current Prime Minister of Canada, known for his government's efforts in promoting civil rights, including gender equality, LGBTQ+ rights, and reconciliation with Indigenous peoples. His administration has implemented various policies aimed at enhancing civil rights and addressing historical injustices in Canada.
Trump v. Hawaii: Trump v. Hawaii is a landmark Supreme Court case decided in 2018 that upheld the legality of Presidential Proclamation 9645, often referred to as the "Travel Ban," which restricted entry into the United States by nationals from several predominantly Muslim countries on national security grounds. The ruling underscored the broad discretion granted to the President by Congress in matters of immigration and national security.
Truth and Reconciliation Commission: A Truth and Reconciliation Commission is an official body established to investigate, document, and address human rights abuses that occurred during a specific period of conflict or under a particular regime. Its goal is to uncover the truth about past injustices, promote healing and reconciliation among affected communities, and recommend ways to avoid such issues in the future.
Virginia’s Racial Integrity Act: The Virginia's Racial Integrity Act of 1924 was a law enacted by the state of Virginia to prohibit marriage between individuals classified as "white" and people of other races, marking a significant moment in the legal codification of racial segregation and discrimination. It was part of a broader set of laws known as the Jim Crow laws that enforced racial segregation in the Southern United States.
Voting Rights Act: The Voting Rights Act is a landmark federal law that prohibits racial discrimination in voting. It was enacted in 1965 to enforce the 15th Amendment and ensure that the right to vote is not denied on the basis of race or color.
World Justice Project: The World Justice Project is an independent, multidisciplinary organization that works to advance the rule of law around the world. It measures countries' rule of law performance on several factors including constraints on government powers, absence of corruption, and civil rights.