OUR LIVING CONSTITUTION Changing the Law of the Land
Changing the Law of the Land over 5000 amendments introduced! Abolishing Slavery the word “slavery” is not in the Constitution 3/5 Compromise runaway slaves must be returned
Abolishing Slavery Missouri Compromise Dred Scott Decision for every slave state admitted to the Union, a free state must be admitted to balance representation in Congress Dred Scott Decision Supreme Court Decision a slave is property no matter which state he/she travels owners can reclaim a slave in northern states northern states outraged technically makes slavery legal everywhere
Abolishing Slavery 13th Amendment: Slavery abolished African Americans & Rights 13th Amendment: Slavery abolished 14th Amendment: (Second Bill of Rights); no state can deprive citizens of natural rights & power to grant citizenship is in federal gov. 15th Amendment: – Gives all citizens in U.S. right to vote (can deprive on basis of race, color, or previous condition of servitude) 24th Amendment: (1964) Poll taxes declared illegal (passed during Civil Rights Movement) Thomas Nast. Emancipation. Philadelphia: S. Bott, 1865. Wood engraving. Prints and Photographs Division. Reproduction Number: LC-USZ62-2573
Women’s Suffrage Traditional Views Challenging Views Not smart Belong in the home Politics is for men Challenging Views Women begin working (industrialization) More educated Blacks can vote; why can’t we? June 18, 1873 Headlines blared: “The Woman Who Dared” It was we, the people, not we, the white male citizens...who formed the Union.” —Susan B. Anthony
Women’s Suffrage The 19th Amendment introduced in 1878 states pass individual voting laws (MI – 1918) federal amendment ratified in 1920
Age and Voting 26th Amendment Changed legal voting age from 21 to 18 Ratified in 1971 Why? war
The Road to Brown
OUR LIVING CONSTITUTION A Flexible Framework
Supreme Court – the final say Equality & Segregation Plessy v. Ferguson (1896) – establishes separate but equal principle Plessy wants to ride in a “whites only” railroad car Leads to racism, discrimination, lynchings 1950s – many questions segregation Supreme Court rules in Plessy v. Ferguson (1896)
Brown v. Board of Education Brown v. Board of Education of Topeka (1954) Is separate equal? Linda Brown wants to go to “white school” 7 blocks from white school; 21 blocks from black Argued by Thurgood Marshall lawyer at National Association for the Advancement of Colored People (NAACP) first black Supreme Court Justice separate in NOT equal All segregation laws overturned
Equality & Affirmative Action Steps taken to counteract the effects of past racial discrimination and discrimination against women. Fair or reverse discrimination
Affirmative Action Regents of the University of California v. Bakke (1978) White student (Bakke) couldn’t get into UC; spots reserved for minorities Had higher GPA Supreme Court Cannot be discriminated against because of race Race can be ONE of the factors considered in Admissions Process 1996 – CA voters approve Proposition 209 state universities & employers cannot race when accepting students or hiring employees
Affirmative Action
Affirmative Action University of Michigan Gratz v. Bollinger (2003) – College of LSA Grutter v. Bollinger (2003) – Law School
Women & Equality Phillips v. Martin Marietta Corporation (1971) Ida Phillips applies Company asks if she has young children Denied job based on this status Wins here case at Supreme Court In the application process, NO COMPANY CAN ASK if you are married if you have children Robin Morris "Working Mom"
FRONTLINE: A Class Divided