Chapter 19: Civil Rights The Essentials Mr. Goldstein AP US Government and Politics
Civil Rights: THE Question NOT whether government has authority to treat people differently It is whether differences in treatment are reasonable.
Major Court Decisions Plessy v. Ferguson –“Separate but Equal” Doctrine Three Steps to Overturn –Persuade the Court to declare unconstitutional laws creating schools that were separate but obviously unequal –Persuade the Court to declare unconstitutional laws supporting schools that were unequal in not-so- obvious ways –Persuade it to rule that racially separate schools were unequal and hence unconstitutional
Desegregation vs. Integration Segregation by law (de jure segregation) was unconstitutional Segregation by fact (de facto segregation) –All-black and all-white residential segregation –Preferred living patters –Informal social forces –Administrative practices (drawing district lines)
Civil Rights Legislation 1957: Illegal to prevent voting in a federal election 1964: public accommodations, schools, employment, federal funds 1965: literacy tests 1968: Housing 1972: Education (sexual discrimination) 1988: organization receiving federal aid
Women and Civil Rights Fourteenth Amendment –Equal protection clause 2 standards used for basing decisions –Reasonableness –Strict scrutiny
Illegal vs. Legal Illegal –Age of adulthood, buy beer, jobs based upon height and weight, mandatory pregnancy leaves, little league baseball teams, membership in business clubs, coaches pay in HS teams Legal –Women and men not similarly situation with respect to sexual relations, all-boy and all-girl public schools (voluntary enrollment), property tax exemption to widows, women can be officers in navy without promotions
Affirmative Action Equality of Opportunity –Reverse discrimination: using numerical “targets” and “goals” (quotas)? –Equal playing field –Bakke vs. California Quotas allowed with strict scrutiny Quotas can be used if past or present pattern of discrimination
ADA Americans with Disabilities Act (1991) Extended rights to disabled persons Employment: can’t be denied employment or promotion without “reasonable accommodations” Govt Programs Public Accommodations Telephones Rights Compared: racial or gender—regardless of cost; disabled – cost taken into consideration.