1. Copyright, 2000 © Prentice Hall Magruder’s American Government C H A P T E R 21 Civil Rights: Equal Justice Under Law

2. 2 Civil Rights: Equal Justice Under Law SECTION 1 Diversity and Discrimination in American Society SECTION 2 Equality Before the Law SECTION 3 Federal Civil Rights Laws Federal Civil Rights Laws SECTION 4 American Citizenship American Citizenship C H A P T E R 21

3. 3 CH 21.1 Diversity and Discrimination in American Society The population of the United States is largely white, but in recent decades the populations of certain minority groups have grown significantly. Historically, some Americans have been reluctant to yield an equal place in society to minority groups. African Americans have been treated unjustly for much of the country’s history as have Native Americans (today, more than one-third of the nation’s Indian population still lives on reservations), Hispanics, and Asian Americans. Women, though a majority of the population, have traditionally been denied the rights enjoyed by men and still suffer some inequities, especially in the workplace.

4. 4 Heterogeneous American Society Heterogeneous Society: A society made up of people from different backgrounds. The United States is a heterogeneous society, composed of whites, Native Americans, and many other ethnic groups. Immigrants: People legally admitted to a country as permanent residents. Many African, Asian, and Hispanic immigrants reside in the United States. Refugees: People who leave their homes to seek protection from war, persecution, or some other danger. Many refugees from Central ands South America reside in the United States. Assimilation: The process by which people from one culture merge into and become part of another culture. The white population in the United States has tried to assimilate all nonwhite groups into it. Discrimination: The mistreatment of one group of people by another. Ethnic minorities and women face discrimination in the United States. CH 21.1

5. 5 Equality Before the Law The 5th and 14th amendments forbid government to draw unreasonable distinctions between classes of people but will allow “reasonable” classifications. An example would be in treating minors differently from adults. Historically, many States passed racial segregation laws (known as Jim Crow laws) which the Supreme Court allowed within the separate–but–equal doctrine as established by the Plessy v. Ferguson decision. The Court ruled that separate was inherently unequal in Brown v. Board of Education of Topeka and has since found segregation in many areas unconstitutional. The Civil Rights Act of 1964 forbade the federal funding of State or local activities that support racial segregation. In 1970, de jure segregation (legally sanctioned segregation) in schools was abolished. De facto segregation occurs by custom or habit even where no law requires it, such as in housing patterns that sometimes develop by personal choices. The Court has held that classifications based on gender are also unconstitutional, unless they can pass the strict scrutiny and rational basis tests. CH 21.2

6. 6 The Path to Equality Before the Law... 1868: The 14 th Amendment guarantees equal protection under the law to all Americans. 1896: Supreme Court makes separate-but-equal doctrine constitutional. 1954: Supreme Court strikes down separate-but-equal- doctrine, and integration begins. 1964: Civil Rights Act forbids the federal funding of State or local activities that support racial segregation. Present: De facto segregation continues in many communities. Most laws that treat women differently from men have been successfully challenged in court. CH 21.2

7. 7 CH 21.3 Federal Civil Rights Laws The Civil Rights Act of 1964 held that discriminatory practices based on race, color, sex or national origin are illegal. It prohibits discrimination in public accommodations (hotels & restaurants), in the workplace, and in any program receiving federal funding. The Civil Rights Act of 1968 prohibits discrimination in the selling or leasing of housing. Affirmative Action has been used to overcome the effects of discrimination. but it has been criticized by those who feel it amounts to reverse discrimination. Affirmative action requires employers to take positive steps to remedy the effects of past discriminations; they must adopt plans to make their work force reflect the general makeup of the population in their locale. Quotas were established. These are rules requiring a certain number of jobs or promotions to be kept aside for certain groups. Quotas have resulted in Affirmative Action being criticized by those who feel it amounts to reverse discrimination. The Supreme Court has found that affirmative action is constitutional when race or gender is not the only factor in the decision or when evidence of longstanding and flagrant discrimination exists.

8. 8 American Citizenship The vast majority of Americans are citizens, people who owe loyalty to the United States and, in return, receive its protection. Under the Constitution, you are a citizen if you are born in the United States or born to a parent who is a citizen. Under the 14 th Amendment, a child born in the United States of non-citizen parents is legally a citizen of the United States. This loop-hole has been used by many illegal aliens. Jus soli, the law of the soil, makes you a citizen because of where you are born. Jus sanguinis, the law of blood, makes you a citizen because your parents are citizens. (Only one parent must be a citizen under this law.) You can voluntarily give up your citizenship through the legal process of expatriation. Alien residents can become citizens through naturalization; any of these citizens can be denaturalized if citizenship was acquired through fraud or deception. The United States previously set quotas for immigration from different nations which have been replaced with a ceiling on the number of total immigrants. Congress passed legislation in 1986 and 1996 to address the issue of undocumented aliens. The 1986 law offered amnesty to certain undocumented aliens and made it illegal for employers to hire undocumented aliens. This law, apparently, is not being seriously enforced. CH 21.4

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