5. Individual Rights under the Constitution

There is no doubt that the American Constitution of 1787 was the most democratic of its time, and there is thus a strong argument that individual rights were an important consideration in its framing. The fact that the right to stand for such offices as President or senator were not limited by wealth or property qualifications would suggest that individual rights were being taken seriously, but however progressive that may sound in theory, in reality it would not be possible for simply anyone to find the resources on which to base a campaign to become President. Other individual rights included protection from arbitrary arrest, the safeguarding of property, the right to vote for government representatives （although states would decide who could vote）, and the enactment that citizens of each state would be entitled to all the rights extended to citizens of any other state. It was also decided that holding office would not be impeded by anyone’s religious beliefs.

Individual rights outlined in the Constitution were of course essentially limited to white males. It was simply assumed that females, Native Americans and blacks were not part of the deal and it could not have worked if they had been. Black slaves were regarded as personalproperty, while free blacks were certainly not regarded as the equals of whites, even in the North, where very few were even permitted to vote.

5.1　Civil Rights, 1863-2001

Civil rights are those rights that citizens are entitled to expect in a free society. They include the right to vote, the right to equality of opportunity and the right to receive the protection of the law. However, for the majority of Americans their history is a history of the struggle to achieve civil rights. It could be argued that in the “Land of the Free”, only white, Protestant males of North European origin, who spoke English and possessed capital were truly free to enjoy their civil rights. All other groups were disadvantaged and had to fight institutional racism and sexism in order to achieve their freedom.

At the outbreak of the Civil War, most African Americans were slaves, Native Americans had been moved from their homelands, the majority of Hispanic Americans were trapped in low-paid employment, recent immigrants from Europe were living in eastern ghettos, Chinese Americans were the victims of racist attacks, and many women contented themselves with a supporting role for their families. All these groups were kept socially, politically and economically inferior to the American elite.

The Civil War was a catalyst for change, and from 1863 to 1870 American society changed considerably. At this time great strides were made by African Americans in their quest for civil rights but, as the century progressed, many of these gains were eroded and by the outbreak of the Second World War millions of Americans were still denied social, political and economic equality. However, things did eventually improve and the civil rights movement of the 1950s and 1960s is widely regarded as a success. Consequently, by the 1970s the majority of Americans enjoyed their legal and political rights to a greater extent than any of their ancestors. Whether they had all their civil rights, though, is a matter for debate.

5.2　Martin Luther King

After the Montgomery Bus Boycott had brought him to national prominence, King realised that he would need the help of experienced campaigners if full civil rights were to be achieved. So, with Bayard Rustin, who was black, and Stanley Levison, who was white, he set up the Southern Christian Leadership Conference （SCLC）. It was a direct campaigning organisation, but as a result of their communist sympathies Rustin and Levison were unable to play a leading public part in its activities. Consequently, King was portrayed as the majorplayer in its achievements.

King and the SCLC did not initiate the sit-ins and freedom rides of 1960 to 1961. However, King was asked to address gatherings of students and he used the changing situation to develop the civil rights movement. King maintained non-violent protest as the mood of the country became more sympathetic to his aims, and this allowed him to keep the moral high ground and force a response from federal government in order to achieve a Civil Rights Act. Consequently, his actions were designed to achieve this aim and this led to criticism from others within the African American community.

By the time of his death much had been achieved: segregation had been destroyed, African Americans were politically active and there was a greater self-confidence among black people in America. King’s ability to inspire, his oratory skills and the media focus he brought to the movement all contributed to this. However, there were others who played important roles too.

In conclusion, Martin Luther King was important in securing civil rights for African Americans in the period 1956 to 1968 but he was fundamentally a figurehead. His actions were important as they brought media attention, government intervention, support from liberal whites, and direction to the actions of many African Americans, but without the contribution of a number of people and organisations African Americans would not have achieved their civil rights at this time. The movement rather than the individual was the most important factor.