Chapter 16

 Seattle Schools Integrated Busing Case  Seattle had not shown that the goal of racial integration justi9fied the method it used White v. non-white  Parents win 5-4  “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” –John Roberts

 Rights entitled to all people (human rights)  Citizenship not necessary

 Consensus on equal opportunity  Should the federal government step in to help? Head start  Affirmative action- remedial action designed to overcome the effects of discrimination against minorities and women

 Legal Rights  Member, allegiance, and subject of a nation  1868 citizenship given Constitutional protection 14 th Amendment  previously states  Birth  Naturalization

 Most rights come from state citizenship  Federal include using navigable waters, protection on high seas, peacefully assemble, petition, vote, travel through the U.S.  Times of War  Rights get tested  No to civilians in Military Court (Civil War)  Japanese Internment Camps

 Rights to religion and speech  War Time can be expelled for minor infractions.  Due process of the law  Equal protection  May limit welfare and other benefits  Lots of states discretion

 Racial Equality  Civil War  13 th,14 th,15 th Amendments  Reconstruction….and reality  1960s before major changes truly take place

 By the 1930s, African Americans were challenging segregation in the courts  In the late 1950s, an emerging national consensus in favor of governmental action to protect civil rights began to influence Congress

 Brown v. Board  Rosa Parks  Bus Boycott  Freedom Riders  Sit-ins  March on Washington  JFK Assassination  Civil Rights Act 1964  Voting Rights Act 1965

 Watts, CA 1965  Detroit 1967  Vietnam War and Watergate diverted attention from civil rights  Little governmental attention since then  2008 Elect First African-American President

 Women’s movement tied to ending slavery, abandoned, and then focused again in early 1900s  Wyoming- 100 year rule  Anything else from Wyoming?  WWI 50% of states allow women to vote  th Amendment Ratified

 Denied equal rights through law, informal barriers of custom  Non-white or non-English speaking  Language barrier has not helped  Increasing numbers  Unable to use their numbers as political clout  California and Texas 50% 2001 &2005  1994 California denies medical, educational, and social services.

 Japanese Internment Camp WWII  Korematsu v. United States (1944)  1988 awarded $20,000 restitution to 60,000 survivors  Approximately 10 million people  Many different backgrounds  “successful minority”  1906 The Naturalization Act – no Asian American could get citizenship  Upheld by Supreme Court  1943 before this is repealed  1965 race and ethnic criteria eliminated from naturalization

 2 million in the U.S.  50% live on or near reservations  550 federally recognized tribes  1830 Indian Removal Act  Force allowed  “Trail of Tears” 25% died in the march  Still face discrimination  Poor health  Alcohol, diabetes, pneumonia  50-60% unemployment  Ben Nighthorse Campbell 

 Part of 14 th Amendment  No State can deny equal protection of the laws  Does not apply to private individuals, constitutionally protected  Cannot create unreasonable classifications  5 th Amendment applies this to Federal Government

 Rational Basis Test: a law is constitutional as long as it meets a reasonable government interest  Burden of proof on parties attacking the law  Typically applied to economic interests

 Strict Scrutiny Test: A test applied by the court when a classification is based on race.  Government must show that there is a compelling reason for the law and not other less restrictive way to meet the interest.

 Heightened Scrutiny Test: This test has been applied when a law classifies based on sex  To be upheld it must meet an important government interest

 May discriminate on the basis of age  Drivers license, voting, drinking age, tobacco, etc…  Illegal for employers to discriminate based on age GREY POWER  Economic rulings at state level with “rich” schools spending more per pupil violates free and equal education  $578 Million high school

 Marriage laws a constant issue currently  Same sex couple adoption  Don’t Ask Don’t Tell

 States Control  Congress –Times, places, and manners  No more literacy tests  no racial gerrymandering  Voting Rights Act 1965 finally protects minority voting rights

 Plessy v. Ferguson  Separate but equal acceptable Applied to numerous situations  Brown v. Board of Ed  Not acceptable