Civil Rights: Equal Justice Under Law Chapter 21 American Government Ms. Powers

Civil Rights: Equal Justice Under Law Section I: Diversity & Discrimination

Animal Farm “All animals are created equal, but some animals are more equal than others.”

American Society American society is Heterogeneous Hetero = other, or different Genus = race, family, or kind Immigrants: Those aliens legally admitted as permanent residents US population is still predominantly white… for now Immigration has increased dramatically since the 1960’s This has had a major effect on the American social, political, and economic landscape

American Society: Past

American Society: Present

Race-Based Discrimination African Americans: Overview & Main Focus 1.African Americans have been the victims of consistent & deliberate unjust treatment for a longer time than any other minority group of Americans 2.They constitute a huge minority group in the US, over 40 million today 3.Most of the gains the nation has made in translating the Constitution’s guarantees of equality into a reality for all have come from efforts made by African Americans

Slave Trade Over a period of some 200 years hundreds of thousands of African Americans were sold to slavery in America Over million Total However Most went to Caribbean & South America Captured by European slave traders & by other tribes in Africa

Native Americans: Past Prior to white settlers anywhere from million Native Americans lived in what would become the United States (estimates are very difficult to obtain accurately) Foreign Disease Military campaigns Westward expansion

Native Americans: Present Today over 6 million Native Americans live in the United States Most live on or near Reservations: Public lands set aside by government for use by Native American tribes Poverty Joblessness Addiction & alcoholism Higher infant mortality rate

Hispanic Americans: Hispanic Americans: Those in this country who have a Spanish speaking background (Latinos) The LARGEST minority group in the United States!!!! Over 50 million Four main subgroups: 1.Mexican Americans 2.Puerto Ricans 3.Cuban Americans 4.Central & South Americans

Asian Americans Asians have always faced discrimination from when they first started arriving in America Chinese laborers were first (Coolie labor) – Resented by White workers Chinese Exclusion Act 1882 Japanese Internment camps during WWII Since 1965 (after Congress changed immigration policies) millions of Asian immigrants have come to America (most Philippines) Today over 18 million living here (40% population in Hawaii & NYC has largest Asian community outside of Asia itself)

Women While women are NOT a minority in the United States, they have not enjoyed the same rights as men (Still today) Property rights, education, employment Today women…. Hold less than 20% of seats in Congress Only 5 of the 50 are State Governors Less than 40% nations doctors & lawyers 96% of all secretaries are women... Women struggle MOST with PAY INEQUALITY

Civil Rights: Equal Justice Under Law Section II: Equality Before the Law

Equal Protection Clause “No State shall deny to any person within its jurisdiction (area) the equal protection of the laws” The equal protection clause was originally meant to protect NEWLY FREED SLAVES

Segregation by Race In the late 1800’s nearly half the states passed racial segregation laws… What is segregation? The separation of one group from another on the basis of race Jim Crow laws: Required segregation in public & private facilities “Separate but Equal”: Plessy v. Ferguson Created the doctrine

Brown v. BOE Brown v. BOE: Overturned Plessy’s “Separate but Equal” “Separate educational facilities are inherently unequal” Types of Segregation: 1.De Jure 2.De Facto

De Jure Segregation De Jure: Segregation that is AUTHORIZED by law Latin: “From law” ABOLISHED (by 1970) Examples of De Jure Segregation: Separate but equal educational facilities Separate bathrooms, restaurants, businesses

De Facto Segregation De Facto: (in reality, as a matter of fact) Segregation that exists in fact, even if no law requires it. Examples of De Facto Segregation: HOUSING PATTERNS is the most prevalent cause  leading to things like schools made up primarily of minorities

Civil Rights: Equal Justice Under Law Section III: Federal Civil Rights Laws

Civil Rights Act of 1964 Most “far-reaching” act within the Civil Rights Acts Components: Prohibits discrimination in public places Prohibits discrimination against any person on the basis of race, color, religion, national origin, sex, & physical disability Prohibits discrimination by employers (for the same above mentioned reasons)

Civil Rights Act of 1968 Often called the “Open Housing Act” Components: Prohibits housing discrimination Forbids anyone to refuse to sell or rent a dwelling to any person on grounds of race, color, religion, national origin, sex, or disability Also forbids refusing to sell/rent to a family with children

Title IX Ladies listen up!!! Part of the Education Amendments of 1972 Provisions: Forbids discrimination on the basis of gender “in ANY education program or activity receiving federal financial assistance” Ensures that women receive equal treatment in all aspects of education Most profound effect has been on school athletics programs (especially at the college level)

Affirmative Action Created in response to the effects of past discrimination Affirmative Action: Requires that most employers take positive steps (affirmative action) to remedy the effects of past discriminations Applies to all agencies of the federal, state, & local government, & private employers who sell goods or services to the federal government Quota: Hiring a certain a number of people from a minority group

Reverse Discrimination Reverse discrimination: Discrimination against the majority group Some claim that affirmative action has led to reverse discrimination Example: University of California v. Bakke White male denied entrance to medical school Claimed university discriminated against him and chose students of minority instead SCOTUS ruled with Bakke

Civil Rights: Equal Justice Under Law Section IV: American Citizenship

Who is a Citizen American Citizen: One who owes allegiance to the United States & is entitled to both its protection & the privileges of its laws

Citizenship by Birth 90% of US citizens are citizens by birth Citizenship by birth: Means that you are born on American soil Two Rules: 1.Jus Soli: Citizenship is determined by place of birth 2.Jus Sanguinis: Citizenship is determined by parentage (to whom one is born) This means that someone born off American soil can be a US citizen if the birth occurs outside the United States

Citizenship by Naturalization Naturalization: The legal process by which a person can become a citizen of another country at some time after birth Naturalization is an exclusive power of Congress Individual & Collective (when the US gains territory)

Undocumented Aliens Numbers began rising dramatically in the 1980’s Estimated Number living in the US: 11.5 Million undocumented aliens Most have come from Mexico & other Latin American countries Small number from Asia How are there so many? Very difficult to locate Many employers hire them for cheap labor Paid “under the table”