Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Civil Rights and Public Policy Chapter 5 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

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Introduction Civil Rights –Policies designed to protect people against arbitrary or treatment by government officials or individuals

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Two Centuries of Struggle Conceptions of Equality –Equal opportunity: same chances –Equal results: same rewards 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”

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Race, the Constitution, and Public Policy Slaves – 3/5ths a person The Era of Slavery – Dred Scott v. Sandford (1857) Slaves had no rights. –The Civil War –The Thirteenth Amendment Outlawed slavery

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Aftermath of the Civil War  Thirteenth Amendment abolishes slavery.  Fourteenth Amendment requires equal protection.  Fifteenth Amendment gives blacks right to vote.  South uses Black Codes (Jim Crow Laws) – Plessy v. Ferguson (1896) Allowed “equal but separate accommodations”

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Race, the Constitution, and Public Policy

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Race, the Constitution, and Public Policy

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Race, the Constitution, and Public Policy The Era of Civil Rights – Brown v. Board of Education (1954) Civil Rights Act of 1964 Discrimination in public accommodation illegal Employment discrimination illegal Strengthened voting right legislation

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Race, the Constitution, and Public Policy

Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

Race, the Constitution, and Public Policy Getting and Using the Right to Vote –Suffrage: the legal right to vote Ways to limit suffrage –Poll Taxes: small taxes levied on the right to vote 24 th Amendment –White Primary: Only whites were allowed to vote in the party primaries. (party controlled)

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Hispanic Americans  Largest and fastest growing group in the U.S.  High levels of activism and rallies begin in 1960s.  United Farm Workers, National Council of La Raza.  Voting, education, and immigration are major issues.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. American Indians  Unique status under U.S. law.  History of isolation and then assimilation.  Major issues are hunting, fishing, land rights, religion.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Asian Pacific Americans  Difficulty finding Pan-Asian identity.  History of restrictions on immigration/employment.  Chinese Exclusionary Act  Internment of Japanese Americans in World War II.  Korematsu v. U.S. (1944)

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Table 6.2- Asian Pacific Americans  Back

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Americans with Disabilities  1990 Americans with Disabilities Act.  Requires employers to accommodate the disabled.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Women, the Constitution, and Public Policy 19 th Amendment –Extended suffrage to women (1920) The Second Feminist Wave (70s-now) – Reed v. Reed (1971) “Arbitrary” gender discrimination illegal Equal Rights Amendment fails (1982)

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Equal Rights Amendment (1923, ) Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. RATIFIED RATIFIED, RESCINDED NOT RATIFIED RATIFIED IN 1 HOUSE OF STATE LEGS

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Women, the Constitution, and Public Policy Women in the Workplace –No gender discrimination Wage Discrimination and Comparable Worth –The Supreme Court has not ruled on this issue. Women in the Military –Only men may be drafted.

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Newly Active Groups Under the Civil Rights Umbrella Civil Rights and the Graying of America –Few laws, hard to prove Civil Rights and People with Disabilities –Americans with Disabilities Act of 1990 “reasonable accommodations” for those with disabilities Prohibits employment discrimination against the disabled

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Newly Active Groups Under the Civil Rights Umbrella Gay and Lesbian Rights – Lawrence v. Texas (2003) Private homosexual acts are protected by Constitution –Gay “marriage” “Civil Unions” allowed in ~7 states Partner benefits 50% + of major U.S. companies

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Affirmative Action Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group In education – Regents of the University of California v. Bakke (1978) No Quotas – Grutter v. Bollinger (2003) Race could be considered a “plus” in admissions

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Figure 6.1- Opinion on Affirmative Action  Back

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Civil Rights and Public Policy Civil Rights and Democracy –Equality favors majority rule. –Suffrage gave many groups political power. Civil Rights & the Scope of Government –Civil rights laws increase size of government. –Civil rights protect individuals against groups.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Summary Racial minorities and women have struggled for equality since the beginning of the republic. Constitutional amendments and civil rights legislation guarantee voting and freedom from discrimination. Civil rights have expanded to new groups.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. 10/11/2015 CH 23 - AN ERA OF SOCIAL CHANGE 36

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