Bell Work T/F Quiz, Section 2.5

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Presentation transcript:

Bell Work T/F Quiz, Section 2.5 Get your Landmark Supreme Court Cases Assignment out

Chapter 11: Civil Rights

11.1: Civil Rights and Discrimination

Civil Rights in the U.S. What are civil rights? Rights that involve: Equal status and treatment Ensuring that all citizens get equal treatment Being free from discrimination Unjust treatment of a people The right to participate in government Voting, running for office, participating in the political process

Expansion of civil rights through principles in the Declaration of Independence Declaration of Independence states, “all men are created equal” Women and minorities were not included originally Women’s participation in politics was considered unnecessary Racial minorities were NOT thought of as equals at that time Women and minorities were able to redefine equal treatment through Constitutional amendments Federal laws State laws Legal and Supreme Court decisions

Legal Sources of Civil Rights 1.) Constitutional Amendments: 1st, 5th, 13th, 14th, 15th, 19th, 24th, and 26th 2.) Federal Laws, such as: Civil Rights Act of 1964 Voting Rights Act of 1965 3.) Supreme Court Rulings, such as: Brown v. Board of Education 1954 (desegregated public schools) 4.) Various state civil rights laws

Populations discriminated against historically: African Americans Native Americans Asian Americans Latino Americans Women

Partner Work Go to page 322-324 in your books and write down one injustice each demographic has suffered throughout U.S. History African Americans - Native Americans - Asian Americans - Latino Americans - Women -

11.2 Equal Justice Under the Law

Bell Work Answer the following questions on the back of your PowerPoint notes: 1. What are the three major powers of any government and what is the main duty of each? 2. Define: Dictatorship 3. Define: Democracy

14th Amendment – Equal Protection Clause 14th amendment states, “No State shall…deny to any person within its jurisdiction the equal protection of laws.” This is known as the equal protection clause Targeted specifically at the states…why? Protect the rights of newly freed slaves…ESPECIALLY in the southern states 14th amendment is the first time the Constitution required the states to protect basic civil rights.

14th Amendment Although the 14th amendment was originally written to protect freed slaves, the Supreme Court has interpreted the equal protection clause in a way that prevents states from classifying any group of people unfairly or making unreasonable distinctions among groups

14th Amendment – Reasonable Distinction HOWEVER, the equal protection clause does not mean that all people will be guaranteed to be treated exactly the same in every situation. Example: State parks can distinguish between employees and visitors of the park and charge visitors an admission fee If the visitor does not pay, the park can deny entry They cannot deny entry to those who have green eyes and red hair Denying entry to a paying customer with red hair and green eyes is unreasonable

Reasonable Distinction Reasonable distinction – When it is legal to distinguish between two groups of people Three tests to determine if a law has reasonable distinction: 1.) rational basis test – does it accomplish a legitimate goal of the government? Not allowing teenagers to get their license until they are 16 Rational? Accomplishes a goal of the government? Legal drinking age of 21

Reasonable Distinction 2.) Intermediate Scrutiny Test Does the government have an important reason for treating two groups differently? Used with laws associated with gender Example: Women and the draft – Since all gender-based restrictions on military service has been lifted in 2016, the draft may now be open to female citizens as well. United States v. Virginia (1996) Supreme Court case that centered around denying admission to females to the Virginia Military Academy Ruled that it violated the equal protection clause of the 14th amendment and now females can attend the school

Reasonable Distinction Strict Scrutiny Test Used when a fundamental right is restricted (freedom of speech, right to vote, etc.) Used when a classification is based on race or national origin ****Korematsu v United States**** WWII, the United States created internment camps for Japanese Americans following FDR’s executive order Korematsu refused to go to…tried to sue

Korematsu v. United States WWII, the United States created internment camps for Japanese Americans following FDR’s executive order. Japanese spies were in fact within the public of the United States at that time. Fred Korematsu refused to leave California and enter the internment camp, citing the “equal protection clause” of the 14th amendment and was unfair racial discrimination. However, the Supreme Court ruled that the government’s compelling interest to protect the public from sabotage outweighed the civil rights of Korematsu and other Japanese Americans

1. What are the theories of government held by Enlightenment thinkers? 2. What was “Common Sense”?  3. Define: Limited Government 4. Who were the influences on the Declaration of Independence?