1. Chapter 5 – Civil Rights & Public Policy

2. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Equality Conceptions of Equality Civil Rights – Rights to participate in civil society without discrimination or repression by government Equal opportunity - Same chance to use abilities and skills in to succeed. Equal results – Everyone should have the same rewards (earn the same salary or have the same amount of property) LO 5.1

3. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Struggle for Equality The Constitution and Inequality Equality not in the original Constitution First mention- 14 th Amend – “Equal protection of the laws” LO 5.1

4. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Judicial scrutiny (or classifications) Most classifications that are reasonable (that bear a rational relationship to some legitimate governmental purpose) are constitutional.

5. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery “A Wolf by its Tail” NW Ordinance & Missouri Compromise 2 Federal Fugitive Slave Acts 1793 – Enforce Article 4, Section 2, Clause 2 Northern states unhappy Prigg v Pennsylvania Fed precluded state laws

6. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Prigg v Pennsylvania (1842) As to the authority so conferred upon state magistrates [to deal with runaway slaves], while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation. Personal Liberty Laws new personal liberties laws "rendered slave property utterly insecure" and constituted a "flagrant violation of the spirit of the U.S. Constitution” JCC

7. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Compromise of 1850

8. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery Dred Scott v. Sandford (1857) Context Born a slave in VA (1795) Sold & brought to Illinois (free state) & WI (Missouri Comp) Owner died, sued for family freedom To Learning Objectives

9. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery Dred Scott v. Sandford (1857) Questions Did the Supreme Court have jurisdiction to hear Scott's case? Was the Missouri Compromise of 1820 in compliance with the Constitution or an overreach by Congress? To Learning Objectives

10. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery Dred Scott v. Sandford (1857) Decision Q: Jurisdiction? Scott said yes, under diversity clause (citizens from 2 different states Article III, Section 2) he had been emancipated & thus citizen of Missouri. Court: No, neither Scott nor any other person of African descent—whether or not emancipated from slavery—could be "citizen of a state", and thus unable to bring suit in federal court To Learning Objectives

11. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Slavery Dred Scott v. Sandford (1857) Decision Q: Missouri Compromise A: Congress could not determine fate of lands acquired AFTER constitution was signed (NW okay, but LA purchase lands NO) A: Also, 5 th Amendment protected slaveholders from any law that would deprive of property Republicans: Obiter dictum *2 nd time SCOTUS had found Congressional act unconditional To Learning Objectives

12. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights The Era of Reconstruction and Segregation Jim Crow Laws (1877–1954) made separate facilities law. Plessy v. Ferguson (1896) Context: 1878 – SCOTUS ruled states could NOT require integration on interstate carriers 1890 – SCOTUS ruled MS could require segregation on modes of interstate transportation LO 5.2

13. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Plessy v. Ferguson (1896) Context Homer Plessy (LA) challenged segregation on railcars – was an octoroon (1/8 black)

14. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Plessy v. Ferguson (1896) Context Homer Plessy (LA) challenged segregation on railcars – was an octoroon (1/8 black)

15. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Plessy v. Ferguson (1896) Question: Did LA law violate 14 th Amendment – equal treatment under the law? Decision (7-1) LA did not imply inferiority of blacks segregation in public facilities not unconstitutional as long as the facilities were substantially equal separate but equal doctrine

16. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Plessy v. Ferguson (1896) John Marshall Harlan [I]n view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is nocaste here. Our constitution is color- blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.caste

17. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) Post Plessey – Segregation widespread Black & white schools received disproportionate funding NAACP goal: build case to declare that even if accommodations were “equal” on other ways, segregation was itself unconstitutional LO 5.2

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19. African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) Topeaka – Perfect b/c black & white schools (buildings, textbooks, salaries identical b/w black and white schools) Psychologists testified segregation had negative effect on psyche of black children – inferiority effect Justice Dept filed friend of court brief – foreign policy consideratons LO 5.2

20. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) Question: Did 14 th Amendment Equal Protection: Prohibited separate public schools? 1952 Decision: Delayed…need unanimity 1953 – New Chief – Eisenhower appoints Earl Warren "These [southern whites] are not bad people. All they are concerned about is to see that their sweet little girls are not required to sit in school alongside some big overgrown Negroes." LO 5.2

21. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) Warren’s Push Unanimity NECCESARY to overcome S. resistance Only reason to sustain segregation was honst belief in inferiority of negroes Must overturn Plessy to maintain legistacy of institution of liberty LO 5.2

22. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. LO 5.2

23. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Equal Education Brown v. Board of Education (1954) ruled school segregation inherently unconstitutional. Busing of students was solution for de jure segregation (by law) and de facto segregation (in reality). LO 5.2

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25. African Americans’ Civil Rights The Civil Rights Movement and Public Policy Civil Rights Act of 1964 is the public policy that made racial discrimination in hotels, motels, and restaurants illegal and that forbade many forms of job discrimination. LO 5.2

26. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Voting Rights Suffrage is the legal right to vote. 15 th Amend extended suffrage to blacks Grandfather clause - exempted persons whose grandfathers were eligible to vote in 1860 from taking literacy tests in order to vote (declared unconstitutional in Guinn v. U.S., 1915). Poll Tax – A small tax levied on the right to vote. White Primary - Only whites were allowed to vote in the party primaries (parties private) (declared unconstitutional in Smith v. Allwright, 1944). LO 5.2

27. Copyright © 2011 Pearson Education, Inc. Publishing as Longman African Americans’ Civil Rights Voting Rights (cont.) 24 th Amendment eliminated poll taxes for federal elections. Harper v Virginia State Board of Elections (1966) ruled no poll taxes for state elections Voting Rights Act of 1965 helped end barriers to voting. Federal election registrars were sent to areas that had long histories of discrimination LO 5.2

28. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Loving v Virginia (1967) Context 1958 - Mildred Jeter & Richard Loving married in DC, returned home to Virginia. VA one of 16 states that prohibited interracial marriages Arrested & pleaded guilty – 1 year in jail Plea deal: suspend the sentence if leave the state for 25 years “Almighty God created the races…and he placed them on separate continents…. The fact he separated the races shows that He did not intend for the races to mix.”

29. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Loving v Virginia (1967) Context Moved to DC & appealed Racial Integrity Law of 1924 violated equal protection of the law and due process of 14 th Amend Decision “There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.” “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications …is surely to deprive all the State’s citizens of liberty without due process of law.”

30. LO 5.3 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

31. The Rights of Other Minority Groups Native Americans – Not citizens until 1924 Indian Bill of Rights - Title II of the Civil Rights Act of 1968 applied most of the provisions of the Constitution’s Bill of Rights to tribal governments. Santa Clara Pueblo v. Martinez (1978) strengthened the tribal power of individual tribe members and furthered self-government by Indian tribes. LO 5.3

32. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Hispanic Americans Hernandez v. Texas (1954) extended protection against discrimination to Hispanics & all other racial or national groups (Earl Warren) Pete Hernandez – Mexican agro worker in TX Convicted for 1950 murder Mexicans had been excluded from his grand jury trial 25 years – no Mex-Amer among 6k jury members Deprived equal protection under 14 th Amend LO 5.3

33. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Hispanic Americans Plyler v. Doe (1982) allows public education for illegal immigrant children in Texas. LO 5.3

34. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Asian Americans During World War II more than 100,000 Americans of Japanese descent were moved to internment camps. Executive Order 9066 – FDR Census Bureau– Aided in supply information Korematsu v. U.S. (1944) upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II. LO 5.3

35. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Rights of Other Minority Groups Arab Americans and Muslims Hamdi v. Rumsfeld (2004) provided detainees the right to challenge their detention before a judge or other neutral decision maker. Boumediene v. Bush (2008) provided foreign terrorism suspects the right to challenge their detention in U.S. courts. LO 5.3

36. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Battle for the Vote The Seneca Falls Declaration of Sentiments and Resolutions that was signed on July 19, 1848 was the beginning of the suffrage movement for women. The Nineteenth Amendment was adopted in 1920 and guaranteed women the right to vote. LO 5.4

37. Copyright © 2011 Pearson Education, Inc. Publishing as Longman 37 g. Women’s Rights 1. Women had few rights in 19th century a. Cult of Domesticity b. No public speaking c. No property--no wills 2. Call for rights came from female abolitionists a. Opposition to female abolitionists raised conscienceness b. Disrespected in London c. Rejected “spheres--second class” idea

38. Copyright © 2011 Pearson Education, Inc. Publishing as Longman When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course. We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their powers from the consent of the governed. Whenever any form of government becomes destructive of these rights, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed, but when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. The history of mankind is a history of repeated injuries and usurpation on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. To prove this, let facts be submitted to a candid world

39. Copyright © 2011 Pearson Education, Inc. Publishing as Longman VIII. State Social Legislation A. Limiting of working hours before 1900 was fragmented B. By 1910 modify principle - worker accepted risks of the job 1. 1911 Triangle Shirtwaist Fire (NY) 2. Outcry for safety laws 3. 1913 – 60 new laws

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41. C. Conservatives turn to Supreme Court& 14 th Amend 1. 1905 Lochner v. New York – Cannot deprive labor of rights 2. 1908 Muller v. Oregon – 10 hr. limit to women laundry workers 1a. "Brandies Brief" - sociological and economic research to “justify special legislation” 3. 1918 Hammer v. Dagenhart – Child Labor Laws UC 4. 1923 Adkins v. Children’s Hospital – Female Min wage UC

42. Copyright © 2011 Pearson Education, Inc. Publishing as Longman IX. Political Reform in Washington: Women’s Suffrage A. Failure of 14 th and 15 th Amendments split feminists B. Lack of Unity & Victorian Stereotypes 1. Contraception 2. Female “purity” 3. Darwinian stereotypes C. Logic Trap – Women morally superior so… D. 1890 – Two groups combine 1.AWSA w/ NWSA (Stanton & Anthony) = National American Women's Suffrage Association (NAWSA)

43. Copyright © 2011 Pearson Education, Inc. Publishing as Longman E. Carrie Chapman Catt 1. organizational & political skills 2. State by State Approach 2. Grassroots movement in WY; full women's suffrage - 1869

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45. F. Alice Paul – Congressional Union 1. National approach - Amendment 2. Militant response to picket when Wilson refused support 3. Arrested but pressure mounted 4. Congressional approval in 1919 – 1920 ¾ of states ratified 19 th Amendment

46. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The “Doldrums”: 1920–1960 Many laws designed to “protect” women Equal Rights Amendment - 1923 (Alice Paul) real result of protectionist law was to perpetuate sexual inequality most in 1920s saw ERA as a threat to the family “Feminist vs Feminist” Middle class (pro) v working (anti) LO 5.4

47. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave National Organization for Women (NOW) Reed v. Reed (1971) - arbitrary gender discrimination violated 14 th Equal Protection Clause Decreased Son’s Estate Idaho Law said male was preferred 1 st time SCOTUS applied equal protection to gender Established sex as a classification subject to scrutiny on rational basis and thus the question: "whether a difference in the sex of competing applicants for letters of administration bears a rational relationship to a state objective." LO 5.4

48. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave However… Feminists wanted broader decision: est. sex as a “suspect” classification (ie. Race) more exacting standard of scrutiny - strict scrutiny Fundamental right or suspect classification Compelling gov’t interest Narrowly tailored Least restrictive means LO 5.4

49. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave Craig v. Boren (1976) Context Oklahoma passed a statute prohibiting the sale of "nonintoxicating" 3.2% beer to males under the age of 21 but allowed females over the age of 18 to purchase Oklahomastatutenonintoxicatingbeer 19 yr old Craig “Oh heck no! I’m going to sue!” Question Does a statute that denies the sale of beer to individuals of the same age based on gender violate the Equal Protection Clause of the 14 th LO 5.4 To Learning Objectives

50. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave Craig v. Boren (1976) Decision (7-2 for Boren) The gender classifications made by the OK statute were unconstitutional b/c the statistics used by the state did not show a substantial relationship b/w statue & benefits Court established a “intermediate scrutiny” standard, under which sex discrimination would be presumed to be neither valid nor invalid. LO 5.4 To Learning Objectives

51. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy The Second Feminist Wave Return of the Equal Rights Amendment! Both houses of Congress pass it in 1972 Fast track until…Phyllis Schlafly Mobilizes conservative women Disadvantage housewives Selective Service, Social Sec. 1977 – 35 of 38 states ratified LO 5.4 To Learning Objectives

52. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Women in the Workplace The Civil Rights Act of 1964: banned gender discrimination in employment Equal Employment Opportunity Commission (EEOC) Title IX of Education Act of 1972 – forbade sex discrimination in subsidized ed programs (including athletics) The Pregnancy Discrimination Act of 1978 illegal for employers to exclude pregnancy and childbirth from their sick leave and health benefits plans LO 5.4

53. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Wage Discrimination and Comparable Worth Median earnings for women 80% of mens 2009 – Obama signs law outlawing discrimination in compensation SCOTUS silent on “comparable worth” job pay - inequality b/w jobs trad. assoc. with diff genders LO 5.4

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55. Women and Public Policy Sexual Harassment Prohibited by Title VII of Civil Rights Act of 1964. Harris v. Forklift Systems (1993) ruled that no single factor is required to win a sexual harassment case. The law is violated when the workplace environment would reasonably be perceived, and is perceived, as hostile or abusive.” LO 5.4

56. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Women and Public Policy Women in the Military Women make up about 15% of active duty military Congress opened all the service academies to women in 1975. But, only men may be drafted or serve in ground combat Rostker v. Goldberg, 1981 "[t]he existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them." LO 5.4

57. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Civil Rights and the Graying of America Age classifications fall under rational basis test Meacham v. Knolls Atomic Power Laboratory (2008) ruled employer must show that action against a worker stems from reasonable factors other than age. LO 5.5

58. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Civil Rights and People with Disabilities Americans with Disabilities Act of 1990 requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment. AIDS victims – handicapped? Entitled to protection? LO 5.5

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60. Other Groups Active Under the Civil Rights Umbrella Gay and Lesbian Rights Defense of Marriage Act (1996) let states disregard same-sex marriages performed elsewhere. VT, MA, CT, NH, and IA have legalized same sex marriages. Lawrence v. Texas (2003) – private homosexual acts protected by the Constitution. LO 5.5

61. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Gay and Lesbian Rights Defense of Marriage Act (1996) let states disregard same-sex marriages performed elsewhere. VT, MA, CT, NH, and IA have legalized same sex marriages. Lawrence v. Texas (2003) – private homosexual acts protected by the Constitution. LO 5.5

62. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Gay and Lesbian Rights Bowers v Hardwick (1986) Upheld GA sodomy law No constitutional protection of sexual privacy LO 5.5

63. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Lawrence v Texas (2003)–Texas sodomy law Context Bowers stare decisis 14 state sodomy laws Question Criminalization vs homosexuals violate equal protection? Criminal convictions for adult consensual sexual intimacy in home violate liberty and privacy protected by Due Process Clause? LO 5.5

64. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other Groups Active Under the Civil Rights Umbrella Lawrence v Texas (2003)–Texas sodomy law Decision: (6-3) struck down law 5 justices- Violated due process 1 - Sandra Day O’Connor – violated equal protection “homosexuals had a protected liberty interest to engage in private, sexual activity; that homosexuals' moral and sexual choices were entitled to constitutional protection; and that moral disapproval did not provide a legitimate justification for Texas's law criminalizing sodomy” LO 5.5

65. Affirmative Action Policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged groups Regents of U. of California v. Bakke (1978) Context Allan Bakke (engineer & former marine) sued when denied admission to UC Davis Med School UC Davis - 16 of 100 spots set aside for minorities Question Did UC Davis policy violate Equal Protection clause? Did states have a compelling state interest to promote integration? Copyright © 2011 Pearson Education, Inc. Publishing as Longman

66. Regents of U. of California v. Bakke (1978) Decision: Bakke wins… 9 justices issued 6 opinions Diversity in the classroom IS a compelling state interest Affirmative action in general protected by Constitution and Civil Rights Act of 1964 However, UC Davis went too far…quotas violated equal protection clause Copyright © 2011 Pearson Education, Inc. Publishing as Longman

67. Grutter v Bollinger (2003) Context University of Michigan Law School denied admission to Barbara Grutter (3.8 GPA, 161 LSAT) Files suit claiming racial discrimination violating 14 th Amendment and Civil Rights Act of 1964 UM use of race was “predominant” factor in admissions No longer a compelling interest to justify that use of race

68. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Grutter v Bollinger (2003) Context UM: there is a compelling state interest to ensure “critical mass” of minority students to promote adequate opportunities and to challenge stereotypes Questions Bakke stare decisis? Still a compelling state interest?

69. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Grutter v Bollinger (2003) Decision (5-4) in favor of UM Yes, UM had a compelling state interest to promote class diversity UM’s race conscious admissions process that took other factors into account was not unconstitutional like a quota 3 Justices said affirmative measures not needed in 25 years

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72. Understanding Civil Rights and Public Policy Civil Rights and Democracy Equality favors majority rule. Suffrage gave many groups political power. LO 5.7 To Learning Objectives

73. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding Civil Rights and Public Policy Civil Rights and the Scope of Government Civil rights laws increase the size and power of government. Civil rights protect individuals against collective discrimination. LO 5.7 To Learning Objectives

74. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.1 Summary The Struggle for Equality Americans have emphasized equal rights and opportunities rather than equal results. In the Constitution, only the Fourteenth Amendment mentions equality. To Learning Objectives

75. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.1 Summary The Struggle for Equality (cont.) To decide whether classifications in laws and regulations abide with 14 th Amendment’s equal protection clause, the Supreme Court developed three standards of review. Most classifications need only be reasonable, racial or ethnic classifications are inherently suspect, and gender classifications receive intermediate scrutiny. To Learning Objectives

76. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Courts presume classifications based on race to be _________. A.constitutional B.offensive C.reasonable D.inherently suspect LO 5.1 To Learning Objectives

77. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Courts presume classifications based on race to be _________. A.constitutional B.offensive C.reasonable D.inherently suspect LO 5.1 To Learning Objectives

78. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.2 Summary African Americans’ Civil Rights Racial discrimination is rooted in the era of slavery and persisted in an era of segregation. Civil rights movement won victories through civil disobedience and the Court rulings, beginning with Brown v. the Board of Education (1954). To Learning Objectives

79. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.2 Summary African Americans’ Civil Rights 1964 Civil Rights Act prohibited discrimination in public accommodations, employment, and housing. 1965 Voting Rights Act prohibited discrimination in voting. African Americans’ struggle for civil rights led the way securing equal rights for all Americans. To Learning Objectives

80. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Segregation was outlawed first in. A.education B.all areas C.employment D.housing LO 5.2 To Learning Objectives

81. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Segregation was outlawed first in. A.education B.all areas C.employment D.housing LO 5.2 To Learning Objectives

82. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.3 Summary The Rights of Other Minority Groups Native Americans, Hispanic Americans, Asian Americans, and Arab Americans and Muslims have suffered discriminatory treatment. Each group benefited from the Court decisions and legislation of the civil rights era and have also engaged in political action to defend their rights. To Learning Objectives

83. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other minority groups and not just African Americans have also struggled for civil rights in. A.voting B.education C.employment D.all of the above LO 5.3 To Learning Objectives

84. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Other minority groups and not just African Americans have also struggled for civil rights in. A.voting B.education C.employment D.all of the above LO 5.3 To Learning Objectives

85. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.4 Summary Women and Public Policy In 1920, women won the right to with the passage of 19 th Amendment. Women have successfully challenged gender- based classifications regarding employment, property, and other economic issues. Issues remain like lack of parity in wages, participation in the military, and sexual harassment. To Learning Objectives

86. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In Craig v. Boren (1976), the Supreme Court held gender discrimination to a standard. A.strict scrutiny B.intermediate scrutiny C.rational D.least restrictions LO 5.4 To Learning Objectives

87. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In Craig v. Boren (1976), the Supreme Court held gender discrimination to a standard. A.strict scrutiny B.intermediate scrutiny C.rational D.least restrictions LO 5.4 To Learning Objectives

88. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.5 Summary Other Groups Active Under the Civil Rights Umbrella Seniors and people with disabilities have successfully fought bias in employment, and the latter have gained greater access to education and public facilities. Gays and lesbians have been more successful in areas such as employment and privacy than in obtaining the right to marry. To Learning Objectives

89. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following is the standard for evaluating age discrimination claims? A.the reasonableness standard B.the medium scrutiny standard C.the strict scrutiny standard D.the employer’s bias standard LO 5.5 To Learning Objectives

90. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following is the standard for evaluating age discrimination claims? A.the reasonableness standard B.the medium scrutiny standard C.the strict scrutiny standard D.the employer’s bias standard LO 5.5 To Learning Objectives

91. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.6 Summary Affirmative Action Affirmative action policies are designed to bring about increased employment, promotion, or admission for members of groups that have suffered from discrimination. The Supreme Court has applied the inherently suspect standard to affirmative action policies and prohibited quotas and other means of achieving more equal results. To Learning Objectives

92. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which statement about affirmative action best reflects current Supreme Court precedent concerning quotas or set-asides? A.They may be used in employment. B.They may be used in education. C.They may be used in both employment and education. D.They are unconstitutional. LO 5.6 To Learning Objectives

93. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which statement about affirmative action best reflects current Supreme Court precedent concerning quotas or set-asides? A.They may be used in employment. B.They may be used in education. C.They may be used in both employment and education. D.They are unconstitutional. LO 5.6 To Learning Objectives

94. Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 5.7 Summary Understanding Civil Rights and Public Policy Civil rights policies advance democracy because equality is a principle of democratic government. When majority rule threatens civil rights, the latter must prevail. Civil rights policies limit government discrimination but also require active government effort to protect the rights of minorities. To Learning Objectives

95. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The intent of civil rights laws is to promote values. A.individualistic B.traditionalistic C.moralistic D.democratic LO 5.7 To Learning Objectives

96. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The intent of civil rights laws is to promote values. A.individualistic B.traditionalistic C.moralistic D.democratic LO 5.7 To Learning Objectives

97. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Text Credits U.S. Census Bureau, News Release, May 14, 2009. U.S. Department of Labor, Bureau of Labor Statistics, Women in the Labor Force: A Databook (2008 edition),Table 16.

98. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Photo Credits 132: Francis Miller/Time and Life Pictures/Getty Images 133T: AP Photo; 133TC: Corbis 133TB: Steve Rubin/The Image Works 133B: AP Photo 135: AP Photo 137: Bettmann/Corbis 142: AP Photo 145: Reuters/Corbis 146: Corbis 149: AP Photo 150: Mark Wilson/Getty Images 152: Tribune Media Services, Inc. All Rights Reserved. Reprinted with permission 154: Steve Rubin/The Image Works 155:Tribune Media Services, Inc. All Rights Reserved 156: AP Photo 158: Tom Cheney/The New Yorker Cartoon Bank. www.cartoonbank.comwww.cartoonbank.com

99. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Struggle for Equality LO 5.1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. African Americans’ Civil Rights African Americans’ Civil Rights LO 5.2: Trace the evolution of protections of the rights of African Americans and explain the application of nondiscrimination principles to issues of race.

100. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Rights of Other Minority Groups LO 5.3: Relate civil rights principles to progress made by other ethnic groups in the United States. Women and Public Policy LO 5.4: Trace the evolution of women’s rights and explain how civil rights principles apply to gender issues.

101. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Other Groups Active Under the Civil Rights Umbrella Other Groups Active Under the Civil Rights Umbrella LO 5.5: Show how civil rights principles have been applied to seniors, people with disabilities, and gays and lesbians. Affirmative Action LO 5.6: Trace the evolution of affirmative action policy and assess the arguments for and against it.

102. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Understanding Civil Rights and Public Policy Understanding Civil Rights and Public Policy LO 5.7: Establish how civil rights policy advances democracy and increases the scope of government.

103. The Struggle for Equality LO 5.1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. Conceptions of Equality The Constitution and Inequality To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman