Which of the following cases involved the decision that the Bill of Rights only applied to the federal government? a. Marbury v. Madison b. McCulloch v. Madison c. Gibbons v. Ogden d. Barron v. Baltimore e. Gitlow v. New York Both Gitlow v. New York and New York Times v. Sullivan are United States Supreme Court cases that dealt with which of the following amendments to the United States Constitution a. First amendment b. Second amendment c. Fourth amendment d. Fifth amendment e. Fifteenth amendment

The supremacy clause in the Constitution states that (A) federal law takes precedence over state law when the laws conflict (B) only Congress may declare war (C) the Senate should have a greater role in foreign affairs than does the House of Representatives (D) the federal government has the right to regulate interstate commerce (E) the Supreme Court has the power

Which of the following clauses in the Constitution justifies the “implied powers doctrine” ? (A) The necessary and proper clause (B) The privileges and immunities clause (C) The contract clause (D) The debts and engagements clause (E) The executive power clause A writ of habeas corpus refers to (A) a person’s right to know the reasons for his or her imprisonment (B) a person’s right to not be charged for an action committed before that action was a crime (C) a person’s right to trial by jury (D) the protection against cruel and unusual punishment (E) a demand from one state to extradite a suspect from another state

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? (A) The First Amendment right to petition the government for a redress of grievances (B) The Fourth Amendment protection against unreasonable search and seizure (C) The Fifth Amendment protection against self-incrimination (D) The Eighth Amendment protection against cruel and unusual punishment (E) The Tenth Amendment right of states to powers not given to the national government

The United States Constitution says that Congress has the power to coin money. This is an example of (A) an enumerated power (B) an implied power (C) an inherent power (D) a reserved power (E) a concurrent power

Civil Rights: Introduction Civil rights: rights of all citizens to equal treatment under the law What government must do to ensure equal protection and freedom from discrimination Fourteenth Amendment guarantees Civil liberties are limitations on government What government cannot do

African Americans and the Consequences of Slavery in the United States Ending servitude Emancipation Proclamation (1863) Reconstruction Amendments 13th Amendment (1865, prohibits slavery) 14th Amendment (1868, citizenship to blacks) 15th Amendment (1870, voting rights for black men)

African Americans and the Consequences of Slavery in the United States Limitations of civil rights laws Little practical effect for African Americans Hayes presidency ends progression of rights, allows creation of Jim Crow laws Civil Rights Cases Invalidates much of civil rights legislation Plessy v. Ferguson (1896) Separate-but-equal doctrine Jim Crow laws support segregation

African Americans and the Consequences of Slavery in the United States End of separate-but-equal doctrine NAACP established, begins legal challenges Brown v. Board of Education of Topeka (1954)- overturns Plessy using the equal Protection clause of the 14th amendment “With All Deliberate Speed” Reactions to school integration Segregationist backlash; violence Many Southern schools remained segregated

Escalation of the Civil Rights Movement Modern civil rights legislation Civil Rights Act of 1957: Civil Rights Commission Civil Rights Act of 1960: voting rights Civil Rights Act of 1964 Forbids discrimination on basis of race, color, religion, gender and national origin Banned Discrimination in Public Accommodations Provided for withholding of federal funds from discriminatory state and local laws

Women’s Campaign for Equal Rights Reed vs. Reed 1971 First time the 14th amendment’s equal protection clause was applied to treatment between legal sex. Work to pass constitutional amendment Nineteenth Amendment (1920)

The Suffrage Map, Early August, 1920 Figure 5-2 (Source: From “Out of Subjection into Freedom” by Marjorie Shuler, published in The Woman Citizen, p. 360, September 4, 1920.)

Women’s Voting Rights Around the World (Selected Countries, Year Women’s Suffrage Granted) Table 5-1 (Source: Center for the American Woman and Politics)

Gender-Based Discrimination in the Workplace Voting rights and the young Twenty-sixth Amendment (1971) “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” Vietnam War played significant role

Affirmative Action Although discrimination prohibited by law, education and skills often lag Affirmative action policies attempt to “level the playing field” U.C. Regents vs. Bakke (1978) Strict quotas unconstitutional, but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke was admitted

Affirmative Action Gratz vs. Bollinger (2003) Struck down use of “bonus points” for race in undergrad admissions at UM Grutter vs. Bollinger Allowed the use of race as a general factor in law school admissions at UM

Securing Rights for Persons With Disabilities Americans with Disabilities Act of 1990 Public accessibility Public accommodation Employers must “reasonably accommodate” Supreme Court limited scope of ADA