CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE? 14 th Amendment: “No state shall make or enforce any law which shall…deny to any person within.

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Presentation transcript:

CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE? 14 th Amendment: “No state shall make or enforce any law which shall…deny to any person within its jurisdiction equal protection before the law.” The Slaughter House Cases (1873): Does the 14 th Amend protect everybody? Initially it didn’t because that wasn’t what the drafters of the 14 th Amend intended? Can states require separation as long as services are equal? – Plessy v. Ferguson (1896); Univ. of Missouri Law School (1938); Sweat v. Painter (1950) – Korematsu v. US (1944): Strict scrutiny/Suspect classification – Brown v. Board (1954): Separate is inherently unequal; states must undo segregation in public facilities. – VMI and the admission of women (1996) Does the Voting Rights Act (VRA) of 1965 require discrimination? How could it be legal?

CAN GOVT STOP INDIVIDUALS FROM DISCRIMINATING AGAINST ONE ANOTHER? Facilitating Private Discrimination: The Civil Rights Act of 1875 vs. The Civil Rights Cases (1883) Undoing Private Discrimination Smith v. Allwright (1944) and primaries; Shelly v. Kramer (1948) and housing Executive Orders Civil Rights Act of 1964 – Katzenbach v. McClury (1964) and the Commerce Clause Americans with Disabilities Act (1990) Can the government go too far? Violence Against Women Act case (2000)

CAN GOVERNMENT OR PRIVATE COMPANIES USE AFFIRMATIVE ACTION? Can any type of reverse discrimination pass strict scrutiny? The debate over the Voting Rights Act Affirmative action by private companies has a low standard: United Steelworkers v. Weber (1979) Affirmative action in state colleges can’t use quotas Bakke v. UC Davis (1973), but it is legal sometimes: two cases involving the Univ of Michigan 2003 The burden of proof lies wit the government: The Crosan decision (1989) and contracts Affirmative action in firing is different than in hiring: The Wygant case (1987) But promotions can be required when egregious discrimination is obvious: The Paradise case (1989)

THREE PHASES OF THE CIVIL RIGHTS MOVEMENT Legalism and the NAACP The effectiveness of the strategy was limited Non-violent Direct Action (NVDA) MLK in Montgomery ( ) Southern Christian Leadership Conference (SCLC) Student Non-violent Coordinating Committee (SNCC) Congress for Racial Equality (CORE) Freedom Rides (1961) The revolution of minds. Serious change among white America occurred with respect to racism between 1944 and 1960; however, as of 1960, over half of Americans said that they would not approve of an an African-American family being their next door neighbor.

THREE PHASES OF THE CIVIL RIGHTS MOVEMENT Political Power Phase: Taking the vote to the 95% of African-Americans in the South who did not vote. Mississippi Freedom Summer (1964) 1964 Civil Rights Act (1964) Voting Rights Act of 1965 Black power phase? Was violence (especially in 1968) a dead end, or was it an integral part in the success of more moderate approaches to civil rights?