Unit 6: Civil Rights & Liberties

Granted citizenship rights in 1924 Civil Rights Native Americans Granted citizenship rights in 1924 Indian Claims Act 1946 – a process to settle claims of American Indians against the govt. for land taken from them Title II – Civil Rights Act of 1968 – Indian Bill of Rights Applied most of the provisions of the constitution’s Bill of Rights to tribal governments Native American Rights Fund An interest group since 1970 to protect the rights of Native Americans in hunting, fishing, sacred land, etc Businesses on Reservations Are not subject to federal taxes or state laws regulating business

16% of population nationwide, 40% in southwest Civil Rights Hispanic Americans 16% of population nationwide, 40% in southwest Hernandez V Texas Texas excluded Hispanics from juries, thereby denying any Hispanic litigant a fair trial. Widened racial protections of 14th Cesar Chavez Led movements in the 1960s to protect the rights of migrant workers, most of whom are Hispanic Plyler V Doe States cannot deny illegal immigrants access to public schools, they can’t show compelling state interest to justify it Benefit from rights gained by African American CR movements Federal govt. does not compel states to proactively create bilingual policies, so language based discrimination is normal

Fastest growing minority group, 6% of USA population Civil Rights Asian Americans Fastest growing minority group, 6% of USA population Korematsu V United States During WW2 over 100,000 Japanese-American citizens were placed in internment camps SCOTUS upheld the internment as constitutional Govt. need to prevent espionage outweighed Korematsu’s individual rights Fed. Govt. formally apologized and granted reparations to 82,000 victims and their families in 1993 Benefit from rights gained by African American CR movements

Increasing discrimination since Sept 11, 2001 attacks Civil Rights Arab Americans Increasing discrimination since Sept 11, 2001 attacks detainment In aftermath of attacks, 1200 people detained by FBI, 70% were illegal alien Arabs Probable violation of 6th amendment rights to be informed of charges and speedy trial Detainees have a right to challenge their detention before a judge “enemy combatans” 1942 case defines “enemy combatant” as belligerents who aren’t entitled to status of prisoners of war Subject to military tribunals instead of courts, Bush & Obama administrations have denied them access to civil courts

Civil Rights women Nineteenth Amendment Right to vote cannot be denied because of gender “Equal Rights Amendment” Introduced in Congress in 1923, actually passed by Congress in 1972 Would essentially be the same as the 14th amendment but for “sex” instead of “race” 10 year time limit placed on ratification in 1972, and was 3 states short when time ran up in 1982

Civil Rights women Reed V Reed 1st time SCOTUS upheld claim of gender discrimination Craig V Boren Established “intermediate scrutiny” standard for differences in gender treatment Oklahoma was selling beer to males at 21 but females at 18! The law was struck down because state had no compelling interest in discrimination

Civil Rights women Different treatment has been upheld: Statutory rape laws applying only to men Male-only military draft States that give tax exemptions to widows but not widowers

Civil Rights women Pregnancy Dicrimination Act Illegal to exclude pregnancy & birth from benefits Civil Rights & Women’s Equity Act Shifts burden of proof to employers in hiring & promotions. Must show gender bias is necessary Dothard V Robinson Arbitrary height and weigh requirements are unconstitutional – must be directly related to job Title IX of Education Act Forbids gender discrimination in all federally subsidized education programs, including athletics

Civil Rights women United States V Virginia State schools can’t deny women - even Virginia Military Institute Sexual Harassment Quid Pro Quo Decisions are based on an employee’s submission to or rejection of sexual advances Hostile Work Environment Employees are subject to a pattern of exposure to unwanted sexual behavior

Civil Rights Old people Social Security Act Passed in 1930s to provide income assistance for adults over age 65, unlikely to be changed Age Discrimination & Employment Act Banned age discrimination in hiring & in college admissions Age is not in the “inherently suspect” category Most workers protected from compulsory retirement

Civil Rights Disabled Americans Rehabilitation Act Added “disabled” as a protected class in CR cases Americans with Disabilities Act 1990 Employers & public facilities must make all reasonable accommodations Improvements to older facilities usually cannot be made if building is not ADA compliant Education of All Handicapped Children Act All children are entitled to a free public education appropriate to their needs

Civil Rights LGBT Bowers V Hardwick Court upheld state bans on sodomy in 1990s Lawrence V Texas (2003) Overturned BowersI and made state sodomy laws illegal