Civil Rights - Welcome to Ms. Shay's Classroom!"Democracy ...

Civil Rights - Welcome to Ms. Shay's Classroom!"Democracy ...

Civil Rights Objectives 1. Describe how SC rulings and federal legislation have attempted to end racial discrimination and advance womens rights; 2. Explain the evolution of affirmative action programs; 3. Analyze how court doctrine and public opinion on gay rights has changed; 4. Summarize how American political institutions and public opinion have expanded civil rights overall. Questions to Consider WHO GOVERNS? 1. Since Congress enacts our laws, why

has it not made certain that all groups have the same rights? 2. After the Supreme Court ended racial segregation in the schools, what did the president and Congress do? TO WHAT ENDS? 3. If the law supports equality of opportunity, why has affirmative action become so important? 4. Under what circumstances can men and women be treated differently? Civil Rights Civil Rights: Rights of people to be treated without unreasonable or unconstitutional differences The term civil rights refers to rights, freedoms and liberties and that should be

given to people no matter their race, ethnicity, lifestyles, or beliefs They also can refer to the nonpolitical rights of a citizen or person Civil Rights The Basics Other Definitions: The rights of personal liberty guaranteed to U.S. citizens by the 5th and 14th Amendments to the Constitution and by acts of Congress. The rights of citizens to vote, to receive equal treatment before the law, and to share equally with other citizens the benefits of public facilities.

Civil Rights Laws: Civil rights laws increased the power of government as it limits individual rights often the majority in order to protect the rights of the minority. The Government and Civil Rights A powerful federal government was seen as the greatest threat to liberty in 1789. Today, women and minorities look to the federal government for them equality. This added role has increased the scope and power of the federal government. Courts role:

Minorities/women have used the courts to enforce laws and declare laws unconstitutional because it tends to be faster than legislatures. SC Rulings on Discrimination The suspect classification doctrine classifications of people based on their race or ethnicity; laws so classifying people are subject to strict scrutiny. The U.S. Supreme Court has held that certain kinds of government discrimination are inherently suspect and must be subjected to strict judicial scrutiny Constitutional basis in the Fifth Amendment and the Equal Protection

Clause of the Fourteenth Amendment, and it applies to actions taken by federal and state governments. SC Rulings on Discrimination When a suspect classification is at issue, the government has the burden of proving that the challenged policy is constitutional. The Supreme Court has ruled that some particular groups or Classifications may not be discriminated against Classifications that have been ruled on in the past include: Age, religion, race, gender, national origin Most recently sexual orientation

How the Court Decides Discrimination 1. Rational Basis if the policy uses reasonable means to achieve a legitimate government goal, it is constitutional 2. Intermediate Scrutiny - If the policy serves an important government interest and is substantially related to serving that interest, it is constitutional 3. Strict Scrutiny To be constitutional the discrimination must serve a compelling government interest, it must be narrowly tailored to attain that interest and it must use the least restrictive

means to attain it. Age SC Rulings on Classifications The Supreme Court has ruled that age classifications are reasonable AND constitutional Is there any rational foundation for discrimination? Lowest Level Ex: Age 18 for voting and 21 for drinking alcohol Race It is illegal to discriminate because of race Strict Scrutiny Is classification necessary to the accomplishment of a permissible state goal? Is it

the least restrictive way to reach the goal? The Court has ruled that most classifications based on race or ethnicity are inherently suspect. Only exceptions are in the classification is designed to undo past discrimination (Affirmative Action). SC Rulings on Classifications Gender The Court has ruled that classifications based on gender fit in-between being constitutional and unconstitutional Does the classification serve an important governmental objective, and is it substantially related to those ends? Intermediate Scrutiny

Ex: The golf club at Augusta was for men only and this was ruled constitutional because it is a private institution but some public institutions and universities have been forced to accept women because they take public monies SC Rulings on Classifications Sexual orientation Homosexuals have not always been considered a suspect class. But the Court has ruled on several cases concerning gay rights since Bowers v Hardwick in 1986. The changing face of gay and lesbian rights has taken a new road in the

United States since the controversial Stonewall riots in 1969. Current cases center around marriage equality. In the face of newer cases, the classification may be changing. Constitutional Conception of Equality Neither the Constitution nor the Bill of Rights mentions the word equality The Declaration of Independence said, all men are created equal. This equality did not apply to women, slaves or Native Americans. The Due Process Clause of the 5th

Amendment implies equal treatment under the law for all persons. No person (shall) be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation Constitutional Conception of Equality The first and only mention of equality is in the 14th Amendment, which prevents states from denying anyone equal protection under the law. The 14th Amendment provided equal protection of the laws while establishing citizenship rights for

newly freed slaves Not until the 1950s (Brown v. Board of Education) and 60s (The Civil Rights Act 1964 and the Voting Rights Act) was the full force of the 14th amendment felt and equal rights for women and minorities been protected. Evolution of African American Rights In Dred Scott v. Sanford (1857) the Supreme court ruled a black man, slave or free, was chattel and had no rights Furthermore, Congress could not ban slavery in any territory of the United States. Declared the Missouri Compromise unconstitutional

Civil War Amendments 13th, 14th, 15th 1883 Civil Rights Cases: Congress can only prohibit government discrimination based on race, not private individuals even if it concerned public accommodations Evolution of African American Rights Plessy v. Ferguson (1896) Separate but Equal is Constitutional In short, segregation does not in itself constitute unlawful discrimination After the Civil War most states in the South passed anti-African American legislation. These became known as Jim Crow laws. This included laws that discriminated against

African Americans with concern to attendance in public schools and the use of facilities such as restaurants, theaters, hotels, cinemas and public baths. Trains and buses were also segregated and in many states marriage between whites and African American people. Sweatt v. Painter (1950) Facts of the Case In 1946, Herman Marion Sweatt, a black man, applied for admission to the University of Texas Law School. State law restricted access to the university only to whites, and Sweatt's application was automatically rejected because of his race. When Sweatt asked the state courts to

order his admission, the university attempted to provide separate but equal facilities for black law students. Question Did the Texas admissions policy violate the Equal Protection Clause of the Fourteenth Amendment? Sweatt v. Painter (1950) In a unanimous decision, the Court held that the Equal Protection Clause required that Sweatt be admitted to the university. The Court found that the "law school for Negroes," which was to have opened in 1947, would have been grossly unequal to the University of Texas Law School.

The Court argued that the separate school would be inferior in a number of areas, including faculty, course variety, library facilities, legal writing opportunities, and overall prestige. The Court also found that the mere separation from the majority of law students harmed students' abilities to compete in the legal arena. Brown v. Bd. of Ed. (1954) Ended separate but equal doctrine for public schools class action lawsuit Brown v. Board II (1955) After its decision in Brown I which declared racial discrimination in public education unconstitutional, the Court convened to issue the directives which would help to implement its newly announced

Constitutional principle. The Court held that the problems identified in Brown I required varied local solutions. CJ Warren urged localities to act on the new principles promptly and to move toward full compliance with them "with all deliberate speed." Green v County School Board of New Kent County New Kent County, 1968 VA school board created a freedom of choice plan under which every student would be allowed to attend the school of choice

Court decided this unconstitutional b/c it did not produce the ultimate end of integration since 100% of white students stayed in white schools and 85% of blacks stayed in black schools Seemed to say that racial integration was as important as repealing laws that caused racial separation Swann v Charlotte-Mecklenburg County Board of Education (1971) Facts of the Case After the Supreme Court's decision in 1954 in Brown v. Board of Education, little progress had been made in desegregating public schools. One example was the CharlotteMecklenburg, North Carolina, system in which approximately 14,000 black

students attended schools that were either totally black or more than 99 percent black. Swann v CharlotteMecklenburg Board of Education 1971 In a unanimous decision, the Court held that once violations of previous mandates directed at desegregating schools had occurred, the scope of district courts' equitable powers to remedy past wrongs were broad and flexible. 1. Remedial plans were to be judged by their effectiveness, and the use of mathematical ratios or quotas were legitimate "starting points" for solutions 2. Predominantly or exclusively black schools

required close scrutiny by courts 3. Non-contiguous attendance zones, as interim corrective measures, were within the courts' remedial powers 4. No rigid guidelines could be established concerning busing of students to particular schools. Civil Rights Vocabulary De jure segregation Separation by law (by law or jury) Plessy v. Ferguson De facto segregation Separation as a matter of fact (housing patterns, neighborhoods, etc.) Swann v Charlotte-Mecklenburg County

Board of Education (1971) Campaign for Legislative Remedies Get on national political agenda through: Dramatic confrontations Civil disobedience Violent demonstrations Conflict between agenda-setting and coalition-building factions Developments advancing change: 1. 2. 3. 4.

Public opinion changing Moral force JFK assassination 1964 elections Civil Rights Legislation Civil Rights Act 1964 1. Made racial discrimination in public places, such as theaters, restaurants and hotels, illegal. It also required employers to provide equal employment opportunities. Projects involving federal funds could now be cut off if there was evidence of discrimination based on color, race or national origin. 2. Dealt with the problem of African Americans

being denied the vote in the Deep South. The legislation stated that uniform standards must prevail for establishing the right to vote. Schooling to sixth grade constituted legal proof of literacy and the attorney general was given power to initiate legal action in any area where he found a pattern of resistance to the law. Civil Rights Legislation 1965 Voting Rights Act This legislation removed the right of states to impose restrictions on who could vote in elections. Johnson explained how, Every American citizen must have an equal right to vote. Yet the harsh fact is that in many places in

this country men and women are kept from voting simply because they are Negroes." Passed by large majorities in the House of Representatives (333 to 48) and the Senate (77 to 19). The legislation empowered the national government to register those whom the states refused to put on the voting list. Effects of Voting Rights Act 1965 Increased minority voting in elections African-American Legislators: Blacks make up around 12.1% of the population But in 1965, only 70 African Americans held elected office in all 11 southern

states. That number rose to 2,500 by the early 1980s, after passage of the Voting Rights Act. Affirmative Action Designed to overcome the effects of past discrimination, and bring about the increased employment, promotion or college admission for women and minorities. The goal is to move beyond equal opportunity towards equal results. The federal government mandated affirmative action programs for state and local governments during the Nixon administration.

Affirmative Action Cases Regents of the University of California v. Bakke (1978): 35yo white man denied admission into Medical School twice b/c the school reserved certain seats for minorities A quota-like ban on Bakkes admission was unconstitutional but diversity was a legitimate goal that could be pursued by taking race into account. Grutter v. Bollinger and Gratz v. Bollinger (2003): Numerical benefits cannot be used to admit minorities into college, but race can be a plus factor in making those decisions.

Affirmative Action Cases Adarand Contractors v. Pena (1995): SC decision in this case holds that whenever government provides any preferential treatment based on race, that action is almost certainly unconstitutional, even if it is intended to benefit minority groups suffering from past injustices. Other Minorities Asian Americans are the fastest growing minority. Nearly 120,000 Japanese-Americans and Japanese aliens were interned in concentration camps during WWII

Hispanic Americans are the largest minority group in the US with increasing electoral influence Native-Americans were not made US citizens until 1924 because of small size electorate, they benefit least from public policy and have the highest rate of poverty related problems Korematsu v. U.S. (1944) Facts of the Case During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry

from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army. Conclusion The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights and that Japanese internment was a military necessity during wartime. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril. Congress authorized token compensation for loss of property and violation of rights years later in 1988 Womens Rights

Coverture- legal concept that made married women subject to their husbands Could not sign contracts or dispose of property. Divorce laws and child custody favored the husband. Legal concept prevailed during the 19th century. 19th Amendment 1920 womens suffrage Change in status during WWII Rosie the Riveter women in factories, baseball Rise in feminism, 1960s, Betty Friedans Feminine Mystique The Equal Pay Act of 1963 Businesses cannot discriminate salaries because of gender

Womens Rights Civil Rights Act of 1964 prohibits gender discrimination in hiring, firing, and compensation Reed v. Reed (1971) Facts of Case After the death of their adopted son, both Sally and Cecil Reed sought to be named the administrator of their son's estate (the Reeds were separated). The Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates. In a unanimous decision, the Court argued that to give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the

merits, isforbidden by the Equal Protection Clause of the Fourteenth Amendment. . . Examples of Illegal Gender Discrimination 1. Women cannot be barred from jobs by arbitrary height and weight requirements 2. Employers cant discriminate against a pregnant woman nor make her take a mandatory pregnancy leave 3. Girls cannot be barred from Little League baseball teams 4. High school coaches of girls and boys sports must be paid the same Allowable Gender

Differences 1. A law that punishes males but not females for statutory rape is permissible men and women are not similarly situated with respect to sexual relations 2. All boy and all girl public schools are permitted if enrollment is voluntary and quality is equal 3. Widows may receive a property tax exemption from the state while widowers cannot 4. The Navy may allow women to remain officers longer than men without being promoted. Sexual Harassment It is illegal to request sexual favors as a condition of employment or

promotion employer is strictly liable Illegal to experience a hostile or intimidating work environment by a steady pattern of offensive sexual teasing, jokes, or obscenity employer is only guilty if found negligent Vague and inconsistent decisions at the federal level. Womens Rights The Equal Rights Amendment ERA Proposed by Congress in 1972 Section 1. Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex. Section 2. The Congress shall have the power

to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. Never Ratified 35 states did, needed 38 The Education Amendment Act of 1972 AKA Title IX Gender equity in sports at high school and college levels Privacy and Abortion Griswold v Connecticut (1965) Found a right to privacy in the Constitution that

would ban any state law against selling contraceptives Roe v Wade (1973) States laws prohibiting abortion were unconstitutional Webster v. Reproductive Health Services (1989) Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable Planned Parenthood v Casey (1992) Reaffirmed Roe v Wade but upheld certain limits Gonzales v Carhart (2007) Federal law may ban certain forms of partial-birth

abortion currently banned in 19 states Limitations on Abortion Partial birth (specific definition) is banned D&C and D&E are allowed late-term if life of mother is endangered Do not need husbands consent States may require 24 hr waiting period States may not require husbands consent Teenagers need parental consent in some states Women in the Military Women are admitted to all military

academies and make up 15% of the armed forces. However, only men must register for the draft Rostker v. Goldberg (1980) In a 6-to-3 decision, the Court held that Congress's decision to exempt women from registration "was not the 'accidental byproduct of a traditional way of thinking about females'" and did not violate the Due Process Clause. This was, however, based on the combat restrictions for women, which have since been removed. United States v Virginia (1996) State may not finance an all male military school Americans with Disabilities

Americans with Disabilities Act was signed by President GHW Bush in 1990 Required reasonable accommodations be made and prohibits discrimination in employment The ADA prohibits private employers, or the government from discriminating against qualified individuals with disabilities in Job application procedures Hiring, firing, advancement Compensation, job training And other terms, conditions and privileges of

employment Immigrants Rights Non-citizens may not vote or run for office, but must pay taxes Entitled to rights even if illegal Entitled to welfare benefits if legal status May own property Illegal immigrants are not entitled to social security Children of illegal immigrants Plyler v. Doe (1982) - struck down a state statute denying funding for education to unauthorized immigrant children and simultaneously struck down a municipal school district's attempt to charge unauthorized immigrants an annual tuition

Gay Rights Rights upheld under right to privacy statutes Lawrence v. Texas 2003 states may not ban sexual relations between same-sex partners Boy Scouts of America v. Dale (2000): A private organization may ban gays from its membership Eventually allowed openly gay members but not openly gay leaders later banned that too Gays in the military 1990s Dont Ask, Dont Tell 2010 The Don't Ask, Don't Tell Repeal Act Gay Rights Same Sex Marriage

United States v. Windsor (2013) Restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the 1996 Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment Gay married couples must receive the same health and tax benefits as heterosexual couples Obergefell v. Hodges (2015) Case in which the Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment

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