Chapter 5 Review

 There will be NO reading Monday night  No quiz on Chapter 5 – will be tested on the Chapter 1 – 5 test  We will complete practice questions on Monday in class Chapter 1 – 5 TEST on TUESDAY

 Racial and ethnic discrimination  Gender discrimination  Discrimination based on factors including age, disability, and sexual orientation Three types of equality

 Equal Protection Clause  Tool used to remedy struggles for equality  First and only place the Constitution mentions equality  SECTION 1.  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14 th Amendment

 Standards of review!  Three levels of analysis (or scrutiny)  A classification must bear a relationship to some legitimate governmental purpose  Think about the age for voting – 18…  Is this reasonable? How do we know if a law is breaking the 14 th amendment?

 Race and ethnicity  Inherently suspect  Difficult to (meet) show that it serves a compelling gov’t interest  Gender  Intermediate scrutiny  Other (age, wealth)  Reasonableness  Easy to (meet) show that it serves a compelling gov’t interest Standards of Review

 Forbade discrimination in employment on the basis of race, color, national origin, religion or gender  Set up Equal Employment Opportunity Commission  Outlawed discrimination in hotels, restaurants, and public transportation Civil Rights Act of 1964

 Fed. gov’t could withhold fed. grants from state and local gov’t if they practiced racial discrimination  Authorized U.S. Justice Department to initiate lawsuits to desegregate public schools and facilities  Did NOT include discrimination in housing  In 1968, the Open Housing Act eliminated discrimination in housing Civil Rights Act of 1964

 Prohibited any gov’t from using voting procedures that denied a person the vote on the basis of race or color  Abolished the use of literacy requirements  Federal gov’t sent election registrars to areas with a history of discrimination Voting Rights Act of 1965

 Chapter 5 Notes – quick!!  Pass back Chapter 3 and 4 quizzes  Quiz make-ups??  Reading notes for this week – reading starts tomorrow Just study tonight!  Multiple choice and FRQ practice questions Monday, September 9th

 Racial gerrymandering: drawing district boundaries to advantage a certain group  The 1982 amendment further insisted that minorities be able to “elect representatives of their choice” when their numbers and configuration permitted  State legislatures interpreted the Voting Rights Act as a mandate to create minority-majority districts  After 1990 census – many states created odd shaped districts to give minority-group voters a numerical majority Racial Gerrymandering

 1993: Shaw v. Reno – disagreed with the creation of districts based solely on racial composition, as well as the district’s drawers’ abandonment of traditional redistricting standards such as compactness and contiguity  1995: Miller v. Johnson – court rejected Justice Department’s efforts to create minority districts  1999: Hunt v. Cromartie – consideration of race is not automatically unconstitutional if the state’s primary motivation was political rather racial  African Americans tend to be democrats Court Cases

 Currently, you can’t redraw districts based solely on RACE  States continue to redraw districts  There will be continued litigation (court cases) on the issue Overall…

Lines are drawn to help the party in power keep power This process is called “gerrymandering” – two forms: “Packing” (putting partisans into one district) and “cracking” (partisans spread out to reduce impact) It’s illegal to gerrymander on account of race…but many African Americans are Democrats, so it often looks racial

District 1 District 2 District 3 Red party in control as of last apportionment. Blues take control after census. Blues control apportionment board, and redraw districts in their favor. Red-packed Red-cracked

 A separated husband and wife sought claim of son’s estate  Idaho law said "males must be preferred to females“  Did Idaho law violate the 14 th Amendment? YES!!!  Reed (female) won the S.C. decision  First time S.C. upheld a claim of gender discrimination Gender: Reed v. Reed

 Title IX of the Education Act of 1972  Forbids gender discrimination in federally subsidized education programs, including athletics. Gender Cont.

 Hispanic Americans  Hernandez v. Texas  Protection against discrimination to Hispanics  Hispanics were excluded from being a jury and S.C. ruled Hernandez didn’t get fair trial Largest Minority Group

 Proponents: allow for preferential treatment to previously disadvantaged groups  Opponents: encourages reverse discrimination, ppl. less qualified are accepted or hired Affirmative Action