American Government and Organization PS1301 Tuesday, 30 November

Announcements Midterm grades posted on the web; 10 point curve. Average score 79. Midterm grades posted on the web; 10 point curve. Average score 79. Last day of class is next Tuesday; final exam is the following week. For date and time see the University exam schedule Last day of class is next Tuesday; final exam is the following week. For date and time see the University exam schedule University exam schedule University exam schedule Two thirds of final exam will be comprehensive; the remaining third will focus on the material from the third midterm. Two thirds of final exam will be comprehensive; the remaining third will focus on the material from the third midterm.

What Are Civil Rights? Americans have applied the term civil rights to a variety of rights and privileges. Americans have applied the term civil rights to a variety of rights and privileges. Civil rights represent those protections by government power. That is, they require governments to act, whereas civil liberties are well served when government does nothing. Civil rights represent those protections by government power. That is, they require governments to act, whereas civil liberties are well served when government does nothing.

Modern Day Civil Rights Modern day “civil rights” include safeguards against any effort by government or dominant groups in a community to subjugate another group and take unfair, mostly economic, advantage of it. Modern day “civil rights” include safeguards against any effort by government or dominant groups in a community to subjugate another group and take unfair, mostly economic, advantage of it. The concept has advanced well beyond the “civic” rights of colonial America. The concept has advanced well beyond the “civic” rights of colonial America.

Contemporary Interpretation Civil rights refers to the equality of all people, regardless of: Civil rights refers to the equality of all people, regardless of: – Race, ethnicity, or national origin – Religion – Gender – Sexual orientation – Age – Disability – Disease (e.g., HIV/AIDS, cancer) – Weight, etc.

Civil Rights and the 14 th Amendment “All persons born or naturalized in the United States … are citizens of the United States … No state shall … deny to any person within its jurisdiction the equal protection of the laws.” “All persons born or naturalized in the United States … are citizens of the United States … No state shall … deny to any person within its jurisdiction the equal protection of the laws.” The basic concept is political and legal equality The basic concept is political and legal equality

But does not guarantee complete equality Discrimination on the basis of achievement & behavior is allowable – Universities may reward academic merit – Universities may reward academic merit – Employers may hire the best qualified – Employers may hire the best qualified – Laws may punish people who are felons – Laws may punish people who are felons – Income taxes may discriminate on the basis of a person’s income – Income taxes may discriminate on the basis of a person’s income

Civil Rights Movement The 1964 Civil Rights Act The 1964 Civil Rights Act The Voting Rights Act of 1965 The Voting Rights Act of 1965 This aggressive law authorized the Justice Department to suspend restrictive electoral tests in southern states that had a history of low black turnout. This aggressive law authorized the Justice Department to suspend restrictive electoral tests in southern states that had a history of low black turnout. Federal officers could be sent into the state to register voters directly. Federal officers could be sent into the state to register voters directly. States also had to obtain clearance from the Justice Department before changing their election laws. States also had to obtain clearance from the Justice Department before changing their election laws.

Literacy Tests Are you qualified to vote? Are you qualified to vote? Are you qualified to vote? Are you qualified to vote? In Alabama, Part A required you to read out to the registrar’s satisfaction a section of the Constitution. In Alabama, Part A required you to read out to the registrar’s satisfaction a section of the Constitution. In Part B and C, you were required to answer two sets of four written questions. Here are some examples: In Part B and C, you were required to answer two sets of four written questions. Here are some examples: What body can try impeachments of the president of the United States? What body can try impeachments of the president of the United States? Name the Attorney General of the United States. Name the Attorney General of the United States. At what time of day on January 20 each four years does the term of the president of the United States end? At what time of day on January 20 each four years does the term of the president of the United States end? If the president does not wish to sign a bill, how many days is he allowed in which to return it to Congress for reconsideration? If the president does not wish to sign a bill, how many days is he allowed in which to return it to Congress for reconsideration? If a bill is passed by Congress and the president refuses to sign it and does not send it back to Congress in session within the specified period of time, is the bill defeated or does it become law? If a bill is passed by Congress and the president refuses to sign it and does not send it back to Congress in session within the specified period of time, is the bill defeated or does it become law? For other questions see parts B and C of the Alabama Literacy Test. For other questions see parts B and C of the Alabama Literacy Test.Alabama Literacy TestAlabama Literacy Test

Other examples of Civil Rights Policy - Affirmative Action Affirmative action was the means used by the government to redress past discrimination in employment. Affirmative action was the means used by the government to redress past discrimination in employment. This policy requires any employers or government agencies that have practiced discrimination to compensate minorities by giving them special consideration in their selection for employment and education. This policy requires any employers or government agencies that have practiced discrimination to compensate minorities by giving them special consideration in their selection for employment and education.

Affirmative Action This policy is most controversial when applied to This policy is most controversial when applied to Government contracting, Government contracting, University admissions to increase minority enrollment, University admissions to increase minority enrollment, Employment policies to promote minority presence and advancement in business and the professions. Employment policies to promote minority presence and advancement in business and the professions. Notion of quotas quickly rejected by the Court and the public. Bakke v. UC Regents 1978 Notion of quotas quickly rejected by the Court and the public. Bakke v. UC Regents 1978 Still, controversy persists. Still, controversy persists.

Affirmative Action The contentious politics for and against affirmative action have revolved around “preferential” criteria. The contentious politics for and against affirmative action have revolved around “preferential” criteria. This criteria gives minorities some advantage in university admissions, employment, and government contracts without imposing numerical quotas. This criteria gives minorities some advantage in university admissions, employment, and government contracts without imposing numerical quotas. While a majority of Americans support special assistance for minorities subjected to past discrimination, a majority also draws the line at affirmative action. While a majority of Americans support special assistance for minorities subjected to past discrimination, a majority also draws the line at affirmative action.

Emerging Rights Americans with Disabilities Act bars discrimination in employment, transportation, public accommodation, and telecommunications against persons with physical and mental disabilities. Americans with Disabilities Act bars discrimination in employment, transportation, public accommodation, and telecommunications against persons with physical and mental disabilities. Elderly with help of the American Association of Retired Persons have worked to end mandatory retirement. Elderly with help of the American Association of Retired Persons have worked to end mandatory retirement.

Emerging Rights Two recent cases illustrate problems courts confront in trying to implement the ADA. Two recent cases illustrate problems courts confront in trying to implement the ADA. In 1999 the Court ruled that an airline that only hired pilots with 20/20 vision could reject those who required corrective lenses. They had filed their suit under ADA utilizing their eyesight as a disability. But the Court said that because it could be corrected it was not a disability, so the law did not apply. In 1999 the Court ruled that an airline that only hired pilots with 20/20 vision could reject those who required corrective lenses. They had filed their suit under ADA utilizing their eyesight as a disability. But the Court said that because it could be corrected it was not a disability, so the law did not apply.

Emerging Rights In 2001, the Court decided that a golfer with an atrophied leg could use a golf cart on the PGA tour despite a rule forbidding one. In 2001, the Court decided that a golfer with an atrophied leg could use a golf cart on the PGA tour despite a rule forbidding one. Walking, the Court said, was not “fundamental” to the game. Walking, the Court said, was not “fundamental” to the game.

Civil Liberties We classify as civil liberties the Constitution’s protections from government power. We classify as civil liberties the Constitution’s protections from government power. Freedom of speech, religion and the right to privacy are examples. Freedom of speech, religion and the right to privacy are examples. Typically violations of these liberties occur when some government agency, at any level, oversteps its authority. Typically violations of these liberties occur when some government agency, at any level, oversteps its authority.

Who protects our civil liberties? Does the constitution guarantee certain absolute civil liberties? Does the constitution guarantee certain absolute civil liberties? Truth is that our interpretations of these freedoms constantly change. Truth is that our interpretations of these freedoms constantly change. Question of how to balance individual liberties with societal rights Question of how to balance individual liberties with societal rights

Cases Involving Civil Liberties Free Speech, Schenck v. United States (1919) Free Speech, Schenck v. United States (1919) clear and present danger clear and present danger Freedom of Press, New York Times v. Sullivan (1964) Freedom of Press, New York Times v. Sullivan (1964) Libel violates 1 st Amendment Libel violates 1 st Amendment Obscenity, Roth v. United States (1957) Obscenity, Roth v. United States (1957) Court attempts to define obscenity Court attempts to define obscenity Establishment Clause, Lemon v. Kurtzman (1971) Establishment Clause, Lemon v. Kurtzman (1971) Three part test for judging constitutionality of division between church and state Three part test for judging constitutionality of division between church and state Gun Control, United States v. Miller (1939) Gun Control, United States v. Miller (1939) 2 nd Amendment does not provide for absolute guarantee 2 nd Amendment does not provide for absolute guarantee Right to Privacy, Roe v. Wade (1973) Right to Privacy, Roe v. Wade (1973) Landmark case on abortion Landmark case on abortion