Civil Rights Chapter 5

Civil Rights Guarantees the equal rights and equal treatment under the law Protections from government abuse Government must provide these rights to all

Civil Rights Equal rights for all individuals Equality and freedom Based on: Declaration of Independence, Constitution, Bill of Rights Types of inequality Racial and ethnic group membership Gender Age Disability

Home and Person 3rd Amendment 4th Amendment Quartering of troops Search and Seizure: Katz v. US 1967 ‘reasonable right to privacy’ - phone booth Terry v. Ohio (1968): stop and frisk Due process Search warrant

Right to Privacy 1, 3,4,5,9,10 Amendments Right to be free from gov’t surveillance, intrusion Right not to have private affairs made public Right to free thought and belief Griswold v. Connecticut 1965 (birth control) Roe v. Wade (1973) Texas v. Lawrence (2003)

Accused of a Crime 5th Amendment Double Jeopardy Taking clause: eminent domain Self-incrimination Miranda v. Arizona (1966): Earl Warren, Chief Justice “ must be warned that he has the right to remain silent”

Excessive Bail & Punishment 8th Amendment Capital punishment In re Kemmler (1890) -- death acceptable if it does not involve “torture and lingering death” Furman v. Georgia (1972): death penalty has to be consistantly used Gregg v. Georgia (1976) must be in consistent manner -- most states have stopped

Discrimination Unfair treatment of an individual based on group membership alone

African Americans Post Civil War Amendments Century of Discrimination 13th: Slavery abolished 14th: Civil Rights 15th: Right to Vote Century of Discrimination Jim Crow De facto De jure Separate but Equal Plessy v. Ferguson 1896 Modern Movement Brown v. Board of Education 1954

Modern Civil Rights Brown v. Board of Education Increased Activism Civil Rights Laws Civil Rights Acts 1964 Voting Rights Act 1965 Right to own property Racial / ethnic religious covenents Red lining

Presidents Involved in Civil Rights Harry Truman Dwight Eisenhower John Kennedy Lyndon Baines Johnson

Rights of Others Hispanics Asian Pacific Americans Native Americans 14% of US population Bi lingual education Divers category Asian Pacific Americans Japanese Americans Internment camps Korematsu v. US Native Americans Citizens of a foreign nation 1870’s: reservations 1945: policy of termination

Women Early attitudes and suffrage Discrimination & Growing Concerns 1848: Seneca Falls, Lucretia Mott & Elizabeth Cady Stanton 1920: 19th Amendment Women’s Christian Temperance Union 1919: 18th Amendment Discrimination & Growing Concerns 1963 Betty Friedan, The Feminine Mystique 1972: Title IX, Education Act

Court Cases Reasonable Standard Strict Scrutiny Standard Different treatments are reasonable Taxes Strict Scrutiny Standard ‘inherently suspect’ - historical categories Reed v. Reed 1971 Other decisions No different drinking ages based on gender No mandatory pregnancy leaves Girls cannot be barred from Little League

Issues Equal Rights Amendment (ERA) Comparable worth

Equal Rights for Americans Older Americans Age Employment Discrimination Act 1972 AARP Disabled Americans Rehabilitation Act of 1973 - added disabled to list of groups protected from discrimination American with Disabilities Act (ADA) 1990 Employment Government programs Public accommodations Public transportation Telephones

Sexual Orientation 1986 Hardwick v. Georgia - 13 colonies, all 50 states until 1961 had laws making homosexuality illegal 1986 Bowers v.Hardwick - private acts of homosexuality illegal 2003 Texas v. Lawrence - struck down criminal nature of homosexuality act between consenting adults Issues Marriage - separate but equal legal access Adoption

Affirmative Action Redress historical injustice Create level playing field: equal opportunity Issues Quotas Reverse discrimination Regents of University of California v. Bakke - 1978

Court Decisions 1979: United Steelworkers v Weber Training programs to overcome inbalance ok 1980: Fullilove v. Klutznick Minority set aside for public works projects 1987: Johnson v. Transportation Agency of Santa Clara County Reverse discrimination female hired 1995: Adarand Constructors v. Pena Race primary criteria, action is unconstitutional