Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter 5: Civil Rights and Public Policy The Struggle for Equality African Americans’ Civil Rights The Rights of Other Minority Groups Women and Public Policy Other Groups Active Under the Civil Rights Umbrella Affirmative Action Understanding Civil Rights and Public Policy Summary

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Struggle for Equality LO 5.1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. African Americans’ Civil Rights African Americans’ Civil Rights LO 5.2: Trace the evolution of protections of the rights of African Americans and explain the application of nondiscrimination principles to issues of race.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Rights of Other Minority Groups LO 5.3: Relate civil rights principles to progress made by other ethnic groups in the United States. Women and Public Policy LO 5.4: Trace the evolution of women’s rights and explain how civil rights principles apply to gender issues.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Other Groups Active Under the Civil Rights Umbrella Other Groups Active Under the Civil Rights Umbrella LO 5.5: Show how civil rights principles have been applied to seniors, people with disabilities, and gays and lesbians. Affirmative Action LO 5.6: Trace the evolution of affirmative action policy and assess the arguments for and against it.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Understanding Civil Rights and Public Policy Understanding Civil Rights and Public Policy LO 5.7: Establish how civil rights policy advances democracy and increases the scope of government.

The Struggle for Equality LO 5.1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. Conceptions of Equality The Constitution and Inequality To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Struggle for Equality Conceptions of Equality Civil Rights - Policies protect people against discrimination. Equal opportunity - Same chance to use their abilities and skills in order to succeed. Equal results – Everyone should have the same rewards such as earn the same salary or have the same amount of property. Will there ever be “equality?” LO 5.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Equality The Constitution and Inequality Equality is not in the original Constitution. First mention of equality in the 14 th Amendment – Equal protection of the laws. The delegates at the Constitutional Convention did their best to avoid facing the divergence between slavery and the principles of the Declaration of Independence. Women’s rights received even less attention than did slavery at the Convention. What does equal protection of the laws mean LO 5.1 To Learning Objectives

LO 5.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5.2: Trace the evolution of protections of the rights of African Americans and explain the application of nondiscrimination principles to issues of race. The Era of Slavery The Era of Reconstruction and Segregation Equal Education The Civil Rights Movement and Public Policy Voting Rights To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5.2 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights The Era of Slavery Dred Scott v. Sandford (1857) ruled that slaves had no rights. The Civil War ( ) was fought between 11 Southern States and National Government. 13 th Amendment (1865) was passed after the Civil War and it outlawed slavery. LO 5.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery Would the Civil Rights movement have succeeded w/out the help of LBJ? Explain What are the 14 th and 15 th amendments about? What is “chattel”? LO 5.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Reconstruction and Segregation Jim Crow Laws (1877–1954) made separate facilities legal. Plessy v. Ferguson (1896) ruled separate but equal facilities were constitutional. Guinn v. United States, 1915, which banned the grandfather clause in voting What is the grandfather clause? LO 5.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) ruled school segregation inherently unconstitutional. Busing of students was solution for de jure segregation (by law) and de facto segregation (in reality). How did the south get away with legal segregation? LO 5.2 To Learning Objectives

LO 5.2 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights The Civil Rights Movement and Public Policy Civil Rights Act of policy that made racial discrimination in hotels, motels, and restaurants illegal and that forbade many forms of job discrimination. Did segregation stop right away? Just b/c a law is passed, does that mean people will change? LO 5.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Voting Rights Suffrage is the legal right to vote. Fifteenth Amendment extended suffrage to African Americans. Poll Tax – A small tax levied on the right to vote. What was it’s purpose? White Primary - Only whites were allowed to vote in the party primaries. LO 5.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Voting Rights (cont.) Smith v. Allwright (1944) ended the white primaries. 24 th Amendment eliminated poll taxes for federal elections. Harper v. Virginia State Board of Elections (1966) ruled no poll taxes at all. Voting Rights Act of 1965 helped end barriers to voting. Summarize 5.2 LO 5.2 To Learning Objectives

The Rights of Other Minority Groups LO 5.3: Relate civil rights principles to progress made by other ethnic groups in the United States. Native Americans Hispanic Americans Asian Americans Arab Americans and Muslims To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5.3 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

A Nation of Minorities Please answer the questions on the previous slide about the map

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Native Americans Indian Bill of Rights - Title II of the Civil Rights Act of 1968 applied most of the provisions of the Constitution’s Bill of Rights to tribal governments. Santa Clara Pueblo v. Martinez (1978) strengthened the tribal power of individual tribe members and furthered self- government by Indian tribes. LO 5.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Hispanic Americans Hernandez v. Texas (1954) extended protection against discrimination to Hispanics. White v. Regester (1973) ruled no multimember electoral districts in Texas. Plyler v. Doe (1982) allows public education for illegal immigrant children in Texas. LO 5.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Asian Americans During World War II more than 100,000 Americans of Japanese descent were moved to internment camps. Korematsu v. U.S. (1944) upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II. Could something like the internment of the Japanese happen again? Explain LO 5.3 To Learning Objectives

LO 5.3 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Rights of Other Minority Groups Arab Americans and Muslims Hamdi v. Rumsfeld (2004) provided detainees the right to challenge their detention before a judge or other neutral decision maker. Boumediene v. Bush (2008) provided foreign terrorism suspects the right to challenge their detention in U.S. courts. Should they have this right? Why? Do you think other countries grant these same rights? Should they? LO 5.3 To Learning Objectives

Women and Public Policy LO 5.4: Trace the evolution of women’s rights and explain how civil rights principles apply to gender issues. The Battle for the Vote The “Doldrums”: 1920–1960 The Second Feminist Wave Women in the Workplace Wage Discrimination and Comparable Worth Sexual Harassment Women in the Military LO 5.4 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy The Battle for the Vote The Seneca Falls Declaration of Sentiments and Resolutions that was signed on July 19, 1848 was the beginning of the suffrage movement for women. The Nineteenth Amendment was adopted in 1920 and guaranteed women the right to vote. LO 5.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The “Doldrums”: 1920–1960 Laws were designed to protect women, and protect men from competition with women. Equal Rights Amendment first introduced in Congress in 1923 Why do you think an equal rights amendment has never passed? LO 5.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave Reed v. Reed (1971) ruled that arbitrary gender discrimination violated 14 th Amendment’s Equal Protection Clause. Craig v. Boren (1976) - Medium (intermediate) scrutiny standard established for gender discrimination. Equal Rights Amendment fails ratification by states in LO 5.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Women in the Workplace The Civil Rights Act of 1964 banned gender discrimination in employment. The Pregnancy Discrimination Act of 1978 made it illegal for employers to exclude pregnancy and childbirth from their sick leave and health benefits plans. What are some ways companies can get around this law? LO 5.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Wage Discrimination and Comparable Worth Median weekly earnings for women working full time are only 80 percent those for men working full time. The 1 st significant legislation that President Barack Obama signed was a 2009 bill outlawing discrimination in compensation. LO 5.4 To Learning Objectives

LO 5.4 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Gap between men and women’s wages Please answer the question on the previous slide

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Sexual Harassment Prohibited by Title VII of Civil Rights Act of Harris v. Forklift Systems (1993) ruled that no single factor is required to win a sexual harassment case. The law is violated when the workplace environment would reasonably be perceived, and is perceived, as hostile or abusive.” LO 5.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Women in the Military Women make up about 14 percent of the active duty armed forces. Congress opened all the service academies to women in Only men may be drafted or serve in ground combat. (this is slowly changing) What are some benefits and drawbacks of having women in ground combat? LO 5.4 To Learning Objectives

Other Groups Active Under the Civil Rights Umbrella LO 5.5: Show how civil rights principles have been applied to seniors, people with disabilities, and gays and lesbians. Civil Rights and the Graying of America Civil Rights and People with Disabilities Gay and Lesbian Rights Which group would you defend the most and why? To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil Rights Umbrella Civil Rights and the Graying of America Age classifications fall under rational basis test. Meacham v. Knolls Atomic Power Laboratory (2008) ruled employer must show that action against a worker stems from reasonable factors other than age. LO 5.5 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Civil Rights and People with Disabilities Americans with Disabilities Act of 1990 requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment. Is this mandate funded or unfunded by the fed. Gov? LO 5.5 To Learning Objectives

LO 5.5 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil Rights Umbrella Gay and Lesbian Rights Defense of Marriage Act (1996) lets states disregard same-sex marriages performed elsewhere. VT, MA, CT, NH, and IA have legalized same sex marriages. Lawrence v. Texas (2003) – Made private homosexual acts protected by the Constitution. What should be the legal definition of marriage? LO 5.5 To Learning Objectives

LO 5.5 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Affirmative Action LO 5.6: Trace the evolution of affirmative action policy and assess the arguments for and against it. Affirmative Action Policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Regents of the University of California v. Bakke (1978) Ruled that racial set asides were unconstitutional, but can consider race in admissions. What are some possible problems with affirmative action? To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Rights and Public Policy LO 5.7: Establish how civil rights policy advances democracy and increases the scope of government. Civil Rights and Democracy Civil Rights and the Scope of Government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Rights and Public Policy Civil Rights and Democracy Equality favors majority rule. but equality threatens individual liberty in situations where the majority wants to deprive the minority of its rights. Suffrage gave many groups political power. Even when they lacked the power of the vote, both African Americans and women made many gains by using other rights (such as the First Amendment freedoms) to fight for equality. LO 5.7 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding Civil Rights and Public Policy Civil Rights and the Scope of Government Civil rights laws increase the size and power of government. These laws place both restrictions and obligations on individuals and institutions— They tell individuals and institutions that there are things they must do and other things they cannot do. Libertarians and those conservatives who want to reduce the size of government are uneasy with these laws (and sometimes hostile to them). Civil rights protect individuals against collective discrimination. LO 5.7 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding Civil Rights and Public Policy How far should the gov’t go in protecting the rights of it’s citizens? Is an increase in the scope of gov’t to protect some people’s rights an unacceptable threat to the rights of other citizens? *Remember if you’re not fighting for something you believe in, other people are and the gov’t is hearing their concern!

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.1 Summary The Struggle for Equality Americans have emphasized equal rights and opportunities rather than equal results. In the Constitution, only the Fourteenth Amendment mentions equality. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.1 Summary The Struggle for Equality (cont.) To decide whether classifications in laws and regulations abide with 14 th Amendment’s equal protection clause, the Supreme Court developed three standards of review. Most classifications need only be reasonable, racial or ethnic classifications are inherently suspect, and gender classifications receive intermediate scrutiny. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.2 Summary African Americans’ Civil Rights Racial discrimination is rooted in the era of slavery and persisted in an era of segregation. Civil rights movement won victories through civil disobedience and the Court rulings, beginning with Brown v. the Board of Education (1954). To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.2 Summary African Americans’ Civil Rights 1964 Civil Rights Act prohibited discrimination in public accommodations, employment, and housing Voting Rights Act prohibited discrimination in voting. African Americans’ struggle for civil rights led the way securing equal rights for all Americans. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.3 Summary The Rights of Other Minority Groups Native Americans, Hispanic Americans, Asian Americans, and Arab Americans and Muslims have suffered discriminatory treatment. Each group benefited from the Court decisions and legislation of the civil rights era and have also engaged in political action to defend their rights. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.4 Summary Women and Public Policy In 1920, women won the right to with the passage of 19 th Amendment. Women have successfully challenged gender- based classifications regarding employment, property, and other economic issues. Issues remain like lack of parity in wages, participation in the military, and sexual harassment. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.5 Summary Other Groups Active Under the Civil Rights Umbrella Seniors and people with disabilities have successfully fought bias in employment, and the latter have gained greater access to education and public facilities. Gays and lesbians have been more successful in areas such as employment and privacy than in obtaining the right to marry. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.6 Summary Affirmative Action Affirmative action policies are designed to bring about increased employment, promotion, or admission for members of groups that have suffered from discrimination. The Supreme Court has applied the inherently suspect standard to affirmative action policies and prohibited quotas and other means of achieving more equal results. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.7 Summary Understanding Civil Rights and Public Policy Civil rights policies advance democracy because equality is a principle of democratic government. When majority rule threatens civil rights, the latter must prevail. Civil rights policies limit government discrimination but also require active government effort to protect the rights of minorities. To Learning Objectives