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

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. 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. 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 Reconstruction and Segregation Jim Crow Laws (1877–1954) made separate facilities legal. Plessy v. Ferguson (1896) ruled separate but equal facilities were constitutional. 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). 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 1964 is the public policy that made racial discrimination in hotels, motels, and restaurants illegal and that forbade many forms of job discrimination. 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. 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. 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

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. 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. LO 5.3 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 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. 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

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. 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 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. 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. LO 5.5 To Learning Objectives

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