American Government PS1301 – 164 Civil Rights

Outline Civil Rights vs. Civil Liberties Basis in the 14 th Amendment to the Constitution Civil Rights Movement Other types of policy –Affirmative action –Emerging civil rights

September 11 and Civil Rights What impact have the terrorist attacks had on civil rights in the United States? Debate on racial profiling What are the issues and why are they important?

What’s the difference? Civil Rights: –Protections enforced by government power. Positive rights—require government action to ensure observance. Government must act to guarantee equal rights: ie., 14 th & 15 th amendment, Brown V. Board of Education. Civil rights issues arise under “equal protection of the laws” clause of Constitution.

What’s the Difference Civil Liberties: –Constitutional protections from improper government encroachment. Negative Rights: Restricts governmental actions. Ex. Bill of Rights: Chalk full of “Thou shall nots”. –Civil liberty issues arise under the “due process of law” clause of the constitution.

Modern Day Civil Rights Modern day “civil rights” include safeguards against any effort by government or dominant groups in a community to subjugate another group and take unfair, mostly economic, advantage of it. The concept has advanced well beyond the “civic” rights of colonial America.

Contemporary Interpretation Civil rights refers to the equality of all people, regardless of: – Race, ethnicity, or national origin – Religion – Gender – Sexual orientation – Age – Disability – Disease (e.g., HIV/AIDS, cancer) – Weight, etc.

Civil Rights and the 14 th Amendment “All persons born or naturalized in the United States … are citizens of the United States … No state shall … deny to any person within its jurisdiction the equal protection of the laws.” The basic concept is political and legal equality

But does not guarantee complete equality Discrimination on the basis of achievement & behavior is allowable – Universities may reward academic merit – Employers may hire the best qualified – Laws may punish people who are felons – Income taxes may discriminate on the basis of a person’s income

Civil Rights Movement The 1964 Civil Rights Act The Voting Rights Act of 1965 This aggressive law authorized the Justice Department to suspend restrictive electoral tests in southern states that had a history of low black turnout. Federal officers could be sent into the state to register voters directly. States also had to obtain clearance from the Justice Department before changing their election laws.

Other examples of Civil Rights Policy - Affirmative Action Affirmative action was the means used by the government to redress past discrimination in employment. This policy requires any employers or government agencies that have practiced discrimination to compensate minorities by giving them special consideration in their selection for employment and education.

Affirmative Action This policy is most controversial when applied to –Government contracting, –University admissions to increase minority enrollment, –Employment policies to promote minority presence and advancement in business and the professions. Notion of quotas quickly rejected by the Court and the public. Still, controversy persists.

Affirmative Action The contentious politics for and against affirmative action have revolved around “preferential” criteria. This criteria gives minorities some advantage in university admissions, employment, and government contracts without imposing numerical quotas. While a majority of Americans support special assistance for minorities subjected to past discrimination, a majority also draws the line at affirmative action.

Emerging Rights Americans with Disabilities Act bars discrimination in employment, transportation, public accommodation, and telecommunications against persons with physical and mental disabilities. Elderly with help of the American Association of Retired Persons have worked to end mandatory retirement. Can you name some other groups waiting in the wings?

Emerging Rights Two recent cases illustrate problems courts confront in trying to implement the ADA. In 1999 the Court ruled that an airline that only hired pilots with 20/20 vision could reject those who required corrective lenses. They had filed their suit under ADA utilizing their eyesight as a disability. But the Court said that because it could be corrected it was not a disability, so the law did not apply.

Emerging Rights In 2001, the Court decided that a golfer with an atrophied leg could use a golf cart on the PGA tour despite a rule forbidding one. (PGA Tour, Inc vs. Casey Martin) Walking, the Court said, was not “fundamental” to the game.