Chapter 5

Congress had no authority to ban slavery in the territories.  1857 – Chief Justice Taney declared that Congress had no authority to ban slavery in the territories. prior to the civil war  Decision handed down a few years prior to the civil war

 Forbade slavery and involuntary servitude

 1868 – Originally created in order to make former slaves citizens. racial and ethnic classifications by states in regard to any matter are inherently suspect.  Courts have recently ruled that, under the 14 th amendment, racial and ethnic classifications by states in regard to any matter are inherently suspect.

 Contained in 14 th amendment and has been interpreted broadly enough to forbid racial segregation in the public schools, reapportion state legislatures, and prohibit job discrimination.  Does not deny states treating classes of citizens differently if the classification is reasonable

 1870 – “The right of citizens to vote shall not be abridged by the US or by any state on account of race, color, or previous condition of servitude.”  Prevents racial discrimination in voting.

 The legal right to vote

deny African Americans the right to vote.  Passed by Oklahoma and other southern states to deny African Americans the right to vote.

 Banned in 1944  1962 – Outlawed for federal elections by the 24 th Amendment

 1880 – Invalidated a law barring African Americans from jury service  Refused to use the 14 th Amendment to remedy subtle forms of discrimination.

 1896 – The principle of “separate but equal” was used to justify segregation

 Laws that were enacted by Southern Whites in the late nineteenth century to segregate African Americans from Whites.

 Segregation that was not backed by law  Ex. Segregation occurs by the reality of neighborhood schools located in areas that happen to be racially segregated.

 Segregation that occurs by law

 1954 – Overturned Plessy v. Ferguson  Ruled that school segregation was inherently unconstitutional  After the decision, school integration proceeded very slowly.

increased enrollment in private schools by whites and a threat to close public schools.  Resulted in increased enrollment in private schools by whites and a threat to close public schools.

 Permitted judges to achieve racially balanced schools through busing.

 Congress prohibited federal aid to schools that remained segregated.  Forbade discrimination in employment on the basis of race, color, national origin, religion or gender.  Made racial discrimination illegal in places of public accommodation.

increase African Americans registered to vote  Resulted in a dramatic increase in the number of African Americans registered to vote, especially in the south. only 70 African Americans held public office. There was approximately 2,500 in the 1980’s  At the time it was passed, only 70 African Americans held public office. There was approximately 2,500 in the 1980’s and currently there are more than 9,400.

 Amended in 1982 to redraw district boundaries to avoid discriminatory results and prevent the diluting the votes of African Americans.

restrict the right to vote to people over the age of 18 are an example of a reasonable classification  State laws that restrict the right to vote to people over the age of 18 are an example of a reasonable classification under the Supreme Court’s standards of classification. basis for discrimination is permissible.  In addition, the basis for discrimination is permissible.

Shaw v. Reno SC decried (to condemn as wrong or to express disapproval) the creation of oddly-shaped districts based solely on race 1993 – SC decried (to condemn as wrong or to express disapproval) the creation of oddly-shaped districts based solely on race. gave legal standing to challenges to oddly shaped majority-minority districts And gave legal standing to challenges to oddly shaped majority-minority districts

 Congressional Districts that are intentionally drawn to give minority groups a numerical majority.

rejected the Justice Departments efforts to achieve the maximum minority districts.  1995 – SC rejected the Justice Departments efforts to achieve the maximum minority districts. use of race as the predominant factor in drawing district laws should be presumed unconstitutional  In addition, they held that the use of race as the predominant factor in drawing district laws should be presumed unconstitutional.

 Truman desegregated armed forces

oldest and poorest minority group  The oldest and poorest minority group in the US. Indian Claims Act established a means to settle financial disputes arising from lands taken from the Native Americans  In 1946, the Indian Claims Act established a means to settle financial disputes arising from lands taken from the Native Americans. guaranteed access to the polls, housing, and to jobs  They are guaranteed access to the polls, housing, and to jobs

 Largest minority group in the US  Hernandez v. Texas protection from discrimination to Hispanic Americans, guaranteeing their right to a free trial  Hernandez v. Texas: Court extended protection from discrimination to Hispanic Americans, guaranteeing their right to a free trial first case in which Hispanic lawyers argued before the SC.  It was the first case in which Hispanic lawyers argued before the SC.

 Fastest growing minority population  Fastest growing minority population in the United States  Korematsu v. United States Upheld the constitutionality removal of Japanese Americans their placement in internment camps  Korematsu v. United States – 1944 – Upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during WWII.

 Have been ruled to be somewhere between inherently suspect and reasonable.

Women Granted the right to vote by the 19 th amendment in 1920 women’s suffrage began in 1848 – Organized social movement and popular struggle for women’s suffrage began in Gaining the right to vote did not eliminate challenges Gaining the right to vote did not eliminate many of the challenges facing women. – Did not give women equality – Did not automatically give women equality (Equal rights, pay, and status.) supportersaccepted the traditional model of the family – Many supporters of the right to vote accepted the traditional model of the family – Many state laws continued to enshrine (to cherish) the traditional view of the family in public policy.

 The legal doctrine that used to give men the legal advantage in securing custody of their children in case of a divorce.

 Banned gender discrimination in employment by law as well as prohibited sexual harassment.

 The SC has handed down decisions concerning gender discrimination in employment and business  Voiding laws barring women from jobs through arbitrary height and weight requirements  Voiding laws and rules barring women from jobs through arbitrary height and weight requirements  Protecting women from being required to take mandatory pregnancy leaves  Protecting women from being required to take mandatory pregnancy leaves from their jobs  Prohibiting gender discrimination in private business and service clubs

SC ruled that any arbitrary sex-based classification violated the equal protection clause  1971 – SC ruled that any arbitrary sex-based classification violated the equal protection clause

 1976 – SC Ruled that it would employ a “medium scrutiny” standard: sex discrimination would be treated as neither valid or invalid.

 First female Speaker of the House elected in 2007.

subject to strict scrutiny  Programs are subject to strict scrutiny under the SC’s standards of review.  Race is a permissible in consideration to colleges  Race is a permissible factor among many to use in consideration to colleges. the use of race in voluntary integration plans to be in violation of the equal protection clause.  The Supreme Court has declared the use of race in voluntary integration plans to be in violation of the equal protection clause.

Regents of California v. Bakke Regents of California v. Bakke – Ruled that a public university could not set aside a quota of spots for particular groups. Rehabilitation Act of 1973 Rehabilitation Act of 1973 – Added handicapped people to the list of Americans protected from discrimination