Civil Rights Unit 7: The Judicial Branch, Civil Liberties, and Civil Rights

Civil Rights Movement (13 th -15 th Amendments) History of African American Civil Rights Movement Other Minority Groups Affirmative Action

Civil Rights Policies designed to protect people from arbitrary or discriminatory treatment by government officials or others Source Guaranteed by the Equal Protection Clause of the 14 th Amendment. “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.

Is it legal to discriminate in the United States?

Discrimination Short answer: “Yes, it is.” Long Answer: Discrimination just means to treat others differently. There are many situations where it makes sense and is legal to do so. Age:(Minors vs. Adults) Income: (Taxation purposes) Handicapped: (Parking Places/Accessibility)

Equality First mention of equality in the constitution is in the 14 th Amendment. Definition: The law must apply to all citizens in THE SAME circumstances in the same way. This does not mean that we can’t treat people differently. It means the distinctions we make must not be “arbitrary.”

The Civil Rights Movement The Civil War Amendments 13 th Amendment: Abolishes Slavery 14 th Amendment: Slaves are given citizenship, are provided due process and equal protection, states must uphold the Constitution and Bill of Rights 15 th Amendment: People cannot be denied the right to vote based on race or the fact they were once slaves. Black Codes were state laws used to keep former slaves from voting (literacy tests, poll taxes, registration laws, and white primaries) Jim Crow laws were laws designed to segregate the races in schools, public accommodations, etc.

Civil Rights Movement Supreme Court PresidentCongress Plessy v. Ferguson (1896) Separate but Equal Executive Order 8802 No racial discrimination in defense industry and government offices Executive Order 9981 Desegregation of Military Brown v. Board of Education (1954) Separate but Equal is unconstitutional. Desegregation Civil Rights Act of 1957 Crime to prevent voting in federal elections Civil Rights Act of 1964 Prohibits discrimination in employment and in public accommodations. 24 th Amendment (1964) Outlaws poll taxes Voting Rights Act (1965) Federal registrars to register voters and outlawed literacy tests

Other Minority Groups Hispanic Americans Unequal educational opportunities and language barrier has hampered progress Civil Rights actions concentrates on health care for undocumented immigrants, college admissions, and redistricting plans Native Americans Mostly economic and social issues due to reservation life. Lack of organization for political power. Indian Gaming Act of 1988 has allowed for some economic booms Asian Americans Chinese Exclusion Act (1882) Interment camps. Originally deemed constitutional but overturned in Korematsu v. US (1988)

Women’s Movement 19 th Amendment (1920)- Right to vote Equal Pay Act (1963)- Made it illegal to pay differently. Enforcement is an issue Civil Rights Act (1964)- banned job discrimination on basis of gender Title IX (1972)- Required equal opportunity to give all boys and girls equal opportunity to participate in all programs, benefits, and procedures in institutions receiving federal funding Today issues center on economic rights (equal pay, family leave) and medical access

Other Groups Disabled Americans Americans with Disabilities Act (1990)- Forbids employers and owners of public accommodations from discriminating against those with disabilities (facilities) Homosexuals Obergefell v. Hodges (2015)- Legalizes same-sex marriage Future issues: Right to adopt/parent. Protection from job discrimination

Affirmative Action Policy designed to correct the effects of past discrimination (most issues deal with race or gender) Regents of the Univ. of California v. Bakke (1978) Affirmative action “quotas” banned from use in college admissions Hopwood v. Texas (1996) Race cannot be used as a factor to achieve “student body diversity, prevent a hostile environment, counteract the reputation of the law school among minorities, or to end the effects of past discrimination by institutions other than the law school. Grutter v. Bollinger (1997) Using race as one factor as a part of a highly individualized review is allowed. The current trend is towards courts taking a much more conservative view of the issue.