Ch. 5 – Civil Rights & Public Policy

Civil Rights: – Policies designed to protect people against arbitrary or discriminatory treatment by govt officials or individuals. Three general categories of discrimination: – Racial – Gender – Age, Disability, Sexual orientation, etc.

The word “equality” is not in the Constitution. 14 th Amendment – “equal protection under the law” – Means equality of opportunity, not equality of outcome Three levels of judicial scrutiny: – Reasonable: Classification must bear rational relationship to some legitimate govt purpose. – Inherently suspect: Denying access or services. Will be upheld only if there is a compelling public interest. – Substantial: Most likely unconstitutional; SCOTUS will probably strike down.

Race, the Constitution, & Public Policy Slavery in America for 250 years. Scott v. Sanford (1857) – SCOTUS said slaves were not citizens of USA & therefore not citizens of a state. Slaves were property. The Civil War Amendments: – 13 th – Outlawed slavery – 14 th – Equal Protection Clause, Due Process Clause – 15 th – Right to vote for former slaves Jim Crow Laws – Segregationist laws, usually in South. Plessy v. Ferguson (1896) – SCOTUS said separate facilities allowed, as long as they are equal.

The Civil Rights Era Brown v. Board of Education of Topeka, Kansas (1954) – SCOTUS ruled Plessy unconstitutional; violation of 14 th Am. Equal Protection Clause. – Lower courts ordered to proceed with “all deliberate speed” to desegregate schools. – Eisenhower had to send troops to Little Rock, Arkansas to force issue. – Segregation was de jure (by law) ended. De facto (in reality), kids went to nearby schools in homogenous neighborhoods. Civil Rights Act of 1964 made racial discrimination illegal in public places.

Right to Vote 15 th Amendment (1870) – Extended suffrage to former slaves 19 th Amendment (1920) – Extended suffrage to women 24 th Amendment (1964) – Voided poll taxes in federal elections – Harper v. Virginia (1966) – Voided poll taxes in state elections. – Voting Rights Act (1965) – Abolished literacy tests.

In some states (TX), voting districts were drawn so that minority groups had a numerical majority. – This process is known as gerrymandering. – Miller v. Johnson (1995) SCOTUS ruled that using race as the predominant factor in district creation was unconstitutional. – Bush v. Vera (1996) & Shaw v. Hunt (1996) Forced redrawing of 3 TX & 1 NC districts on reasons that race was used to create districts.

Minority Groups Native Americans – Became citizens in 1924 – Indian Claims Act of 1946 to settle disputes with govt Hispanic Americans – Largest minority group – 17% of pop. In 2012 Asian Americans – Korematsu v. United States (1944) Arrested for not going willingly to internment camps in WWII. SCOTUS upheld relocations; Govt’s need to protect against espionage outweighed Korematsu’s rights. 1980’s – Cash settlement & apology from govt.

Women Seneca Falls Convention – Suffrage movement organizes. – 19 th Amendment (1920) – Equal Rights Amendment Equality of rights shall not be abridged based on sex. – Failed. Reed v. Reed (1971) – Law was that males be preferred over females for executing estates. SCOTUS ruled this violated Equal Protection Clause of 14 th Am. Workplace, military, comparable wages, draft, assault charges, rape charges? – Are men and women equal in these things?

Newly Active Groups Under the Civil Rights Umbrella Gray Americans The young of America People with disabilities – Americans with Disabilities Act (1990) prevented discrimination. LGBT rights – Lesbian, gay, bisexual, transgender

Affirmative Action Affirmative Action is the effort to give special attention to or compensatory treatment for members of a previously disadvantaged group. Regents of University of California v. Bakke (1978) – SCOTUS ruled any use of racial quotas violated Civil Rights Act of – Concurring Opinion also ruled it violated 14 th Am. Equal Protection Clause. – Also admitted using race for admission was acceptable as long as it was 1 of many criteria. – Bakke accepted to UC Davis Med School. Is A.A. legal? It is moral? Is it reverse discrimination?