THE ONGOING STRUGGLE… CIVIL RIGHTS

Protecting people against discrimination by the government and/or people. Amendment XIV (1868): equal protection of law. Could this be done without the govt? By doing this, what happens to the size of govt? Does the govt need to be expanded to ensure individual rights? What does this do to the balance of federalism? Is this justified?

AFRICAN AMERICANS 3/5 compromise: the constitution says that slaves count as 3/5 of a person. Dred Scott Decision: Scott vs. Sanford. Blacks were not citizens and could not sue. Civil War: with the north winning and the 13 th amendment it meant that slavery was done. Reconstruction: troops occupy the south ensuring blacks are not treated as slaves. Election of 1876: compromise was struck giving Hayes the victory in exchange for ending Reconstruction. …….. Jim Crow laws, result = de facto slavery.

AFRICAN AMERICANS Brown vs. Board of Education (1954): schools had to be integregated. Again the federal govt has to force compliance in many places. Civil Rights Act of 1965: made race base discrimination a crime. 24 th Amendment: no poll taxes in federal elections. Voting Rights Act of 1965: outlawed discriminatory tests designed to stop blacks from voting. Full rights aren’t given to African Americans for the first 189 years of our country’s history.

OTHER GROUPS Native Americans are finally given citizenship in 1924 and allowed to vote. Hispanics: Hernandez vs. Texas (1954): Hispanics can’t be excluded from juries. Operation Wetback (1954): a federal program designed to capture and deport illegal immigrants. They were rounded up and sent to Mexico on busses, planes, and in trains. Women: 19 th Amendment in 1920 gave women the right to vote. Equal Rights Amendment: no discrimination based on gender. NEVER PASSED. Wage discrimination: women still make about.80 for every $1.00 men make. Title IX of the Education Act: forbids discrimination in any subsidized education activity on the basis of gender.

OTHER GROUPS Age Discrimination in Employment Act. Americans with Disabilities Act (1990): must make reasonable accommodations and cannot discriminate. Obergefell, et al. vs. Hodges (Ohio Director of Health Servies) (2015): same sex marriage is allowed.

AFFIRMATIVE ACTION Designed to bring increased opportunities for minorities who have been previously discriminated against. Courts lately have been saying that race cannot be the only determining factor. The program must have “a compelling government interest.” Fisher vs. University of Texas (2016). The court will decide if race can be used as a factor for college acceptance.

CIVIL RIGHTS What does all this mean? Could it be any other way? Is expansion of govt okay in this regard?