Chapter 5

 1857 – Chief Justice Taney declared that Congress had no authority to ban slavery in the territories.  Decision handed down a few years prior to the civil war

 Forbade slavery and involuntary servitude

 1868 – Originally created in order to make former slaves citizens.  Courts have recently ruled that, under the 14 th amendment, racial and ethnic classifications by states in regard to any matter are inherently suspect.

 Contained in 14 th amendment and has been interpreted broadly enough to forbid racial segregation in the public schools, reapportion state legislatures, and prohibit job discrimination.  Does not deny states treating classes of citizens differently if the classification is reasonable

 1870 – “The right of citizens to vote shall not be abridged by the US or by any state on account of race, color, or previous condition of servitude.”  Prevents racial discrimination in voting.

 The legal right to vote

 Passed by Oklahoma and other southern states to deny African Americans the right to vote.

 Banned in 1944  1962 – Outlawed for federal elections by the 24 th Amendment

 1880 – Invalidated a law barring African Americans from jury service  Refused to use the 14 th Amendment to remedy subtle forms of discrimination.

 1896 – The principle of “separate but equal” was used to justify segregation

 Laws that were enacted by Southern Whites in the late nineteenth century to segregate African Americans from Whites.

 Segregation that was not backed by law  Ex. Segregation occurs by the reality of neighborhood schools located in areas that happen to be racially segregated.

 Segregation that occurs by law

 1954 – Overturned Plessy v. Ferguson  Ruled that school segregation was inherently unconstitutional  After the decision, school integration proceeded very slowly.

 Resulted in increased enrollment in private schools by whites and a threat to close public schools.

 Permitted judges to achieve racially balanced schools through busing.

 Congress prohibited federal aid to schools that remained segregated.  Forbade discrimination in employment on the basis of race, color, national origin, religion or gender.  Made racial discrimination illegal in places of public accommodation.

 Resulted in a dramatic increase in the number of African Americans registered to vote, especially in the south.  At the time it was passed, only 70 African Americans held public office. There was approximately 2,500 in the 1980’s and currently there are more than 9,400.

 Amended in 1982 to redraw district boundaries to avoid discriminatory results and prevent the diluting the votes of African Americans.

 State laws that restrict the right to vote to people over the age of 18 are an example of a reasonable classification under the Supreme Court’s standards of classification.  In addition, the basis for discrimination is permissible.

 1993 – SC decried the creation of oddly- shaped districts based solely on race.  Gave legal standing to challenges to oddly shaped majority-minority districts

 Congressional Districts that are intentionally drawn to give minority groups a numerical majority.

 1995 – SC rejected the Justice Departments efforts to achieve the maximum minority districts.  In addition, they held that the use of race as the predominant factor in drawing district laws should be presumed unconstitutional.

 Truman desegregated armed forces

 The oldest and poorest minority group in the US.  In 1946, the Indian Claims Act established a means to settle financial disputes arising from lands taken from the Native Americans.  They are guaranteed access to the polls, housing, and to jobs

 Largest minority group in the US  Hernandez v. Texas  Court extended protection from discrimination to Hispanic Americans, guaranteeing their right to a free trial  It was the first case in which Hispanic lawyers argued before the SC.

 Fastest growing minority population in the United States  Korematsu v. United States – 1944 – Upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during WWII.

 Have been ruled to be somewhere between inherently suspect and reasonable.

 Granted the right to vote by the 19 th amendment in 1920  Organized social movement and popular struggle for women’s suffrage began in  Gaining the right to vote did not eliminate many of the challenges facing women.  Did not automatically give women equal rights, pay, and status.  Many supporters of the right to vote accepted the traditional model of the family  Many state laws continued to enshrine the traditional view of the family in public policy.

 The legal doctrine that used to give men the legal advantage in securing custody of their children in case of a divorce.

 Banned gender discrimination in employment by law as well as prohibited sexual harassment.

 The SC has handed down decisions concerning gender discrimination in employment and business  Voiding laws and rules barring women from jobs through arbitrary height and weight requirements  Protecting women from being required to take mandatory pregnancy leaves from their jobs  Prohibiting gender discrimination in private business and service clubs

 1971 – SC ruled that any arbitrary sex-based classification violated the equal protection clause

 1976 – SC Ruled that it would employ a “medium scrutiny” standard: sex discrimination would be treated as neither valid or invalid.

 First female Speaker of the House elected in 2007.

 Programs are subject to strict scrutiny under the SC’s standards of review.  Race is a permissible factor among many to use in consideration to colleges.  The Supreme Court has declared the use of race in voluntary integration plans to be in violation of the equal protection clause.

 Ruled that a public university could not set aside a quota of spots for particular groups.

 Added handicapped people to the list of Americans protected from discrimination