1. Government in America:Updated with 16 th Edition Edwards and Wattenberg

2. Introduction Civil Rights  Definition: policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals Today, equality debates center on three types of discrimination  Racial Discrimination  Gender Discrimination  Discrimination based on age, disability, sexual orientation and other factors

3. Two Centuries of Struggle Conceptions of Equality  Equal opportunity: same chances  Equal results: same rewards The Constitution and Inequality  Equality is not in the original Constitution, nor is it in the Bill of Rights  First mention of equality in the 14 th Amendment: “…equal protection of the laws”  One of the “Civil War Amendments” along with 13 and 15  Crash Course - Equal Protection Crash Course - Equal Protection

4. What does Equal Protection mean? The Supreme Court has to determine when equal protection has been violated. They do this through the use of the levels of scrutiny called standards of review:

5. Race, the Constitution, and Public Policy The Era of Slavery  Dred Scott v. Sandford (1857)  Case concerns a slave brought into free territory and whether or not he should be free  Decision: Slaves had no rights, they were classified as “chattel”  Invalidated Missouri Compromise, said Congress had no power to ban slavery in the Western territories The Civil War brought about certain changes  The Thirteenth Amendment: Abolition of Slavery  Fourteenth Amendment: Citizenship, Due Process, Equal Protection  Fifteenth Amendment: Black suffrage

6. Race, the Constitution, and Public Policy The Era of Reconstruction and Resegregation  Jim Crow or segregational laws  Relegated African Americans to separate facilities, school systems, even restrooms

7. Race, the Constitution, and Public Policy Plessy v Ferguson (1896)  Legally justified segregation through “separate but equal” ruling  Homer Plessy was 1/8 black  Challenged Louisiana state law  Supreme Court validated the idea of Separate facilities for the races 1941 FDR’s Executive Order outlawed discrimination in defense industries 1948, Truman desegregated the Armed Services

8. Race, the Constitution, and Public Policy The Era of Civil Rights  Brown v. Board of Education of Topeka, Kansas(1954)  Annenberg Video - Brown v Board Annenberg Video - Brown v Board  Case was brought to court by the NAACP  Wanted the SC to rule on whether segregated schools were inherently unequal and therefore a violation of the EQUAL PROTECTION CLAUSE of the 14 th Amendment  Overturned precedent set by the Plessy decision (end of separate but equal)  School segregation inherently unconstitutional  Integrate schools “with all deliberate speed”  Busing of students solution for two kinds of segregation:  de jure, “by law”  de facto, “in reality”

9. Race, the Constitution, and Public Policy

10. The Era of Civil Rights (continued)  Civil Rights Act of 1964  Made racial discrimination illegal in hotels, restaurants, and other public accommodation (Interstate Commerce)  Forbade employment discrimination based on race  Created Equal Employment Opportunity Commission (EEOC) to protect against job discrimination  Provided for withholding grants from state and local governments that practiced racial discrimination  Justice Dept authorized to initiate lawsuits to desegregate schools and facilities

11. Race, the Constitution, and Public Policy Getting and Using the Right to Vote  Suffrage: the legal right to vote  Fifteenth Amendment: extended suffrage to African Americans (last of the Civil War Amendments)  Many attempts were made by states to circumvent the 15 th Amendment  Poll Taxes: small taxes levied on the right to vote (outlawed by the 24 th Amendment – 1964)  Grandfather Clause: exempted people whose grandfathers were eligible to vote in 1860 from having to take literacy tests (found unconstitutional in 1915)  White Primary: Only whites were allowed to vote in the party primaries (declared unconstitutional in 1944)

12. Race, the Constitution, and Public Policy Getting and Using the Right to Vote  Voting Rights Act of 1965: helped end formal and informal barriers to voting; sent federal registrars to make sure black people in the South could register and vote

13. Other Minority Groups – Native Americans Long history of poverty, discrimination and exploitation Didn’t gain US citizenship until 1924 Activist movements within the NA community to push for equal rights and recognition of Native land rights have been ongoing since the late 1960s

14. Other Minority Groups – Hispanic Americans Largest US minority group today Faced the same discrimination and segregation in the Southwest as blacks did in the South in the first half of the twentieth century Hernandez v Texas (1954) – extended protection against discrimination to Hispanics MALDEF – Mexican American Legal Defense and Education Fund Major concern among Hispanics: discrimination in employment hiring and promotion

15. Race, the Constitution, and Public Policy Other Minority Groups  Asian Americans: fastest growing minority group  Faced discriminatory laws in late 19 th century and during WW2  Korematsu v. United States (1944) Supreme Court UPHELD the internment of the Japanese in camps during WW2 Annenberg Video - Korematsu and Civil Rights and Liberties

16. Other Minority Groups: Arab Americans and Muslims Since the attacks on September 11, 2001, there has been increased bias-related assaults, threats, vandalism and arson against people of middle Eastern descent, or those perceived as Muslims Also face discrimination in housing, employment, etc

17. Women, the Constitution, and Public Policy The Battle for the Vote  Nineteenth Amendment: extended suffrage to women in 1920 The “Doldrums”: 1920-1960  Laws were designed to protect women, and protect men from competition with women.  Equal Rights Amendment, written by Alice Paul, first introduced in Congress in 1923  Equal Rights Amendment fails ratification by states (1982) Second Feminist Wave  Reed v Reed (1971) – first case that said an arbitrary gender- based classification violated Equal Protection

18. Women, the Constitution, and Public Policy Women in the Workplace  The Civil Rights Act of 1964 banned gender discrimination in employment. Women in the Military  Only men may be drafted  Both men and women can now serve in ground combat. Sexual Harassment  Prohibited by Title VII of Civil Rights Act of 1964

19. Lily Ledbetter Equal Pay Act Wage Discrimination and Comparable Worth  Lily Ledbetter v Goodyear - Supreme Court ruled against Ledbetter in her case of gender discrimination  Lily Ledbetter Fair Pay Act (2009)- first law signed by President Obama Annenberg Video - Lily Ledbetter v Goodyear

20. Newly Active Groups Under the Civil Rights Umbrella Civil Rights and People with Disabilities  Americans with Disabilities Act of 1990  Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities  Prohibits employment discrimination against the disabled

21. Newly Active Groups Under the Civil Rights Umbrella LGBT Rights  Gays and lesbians represent every socioeconomic and raical group, yet face discrimination in housing, education and hiring. They may face the toughest battle for equality.  Bowers v. Hardwick (1986) Supreme Court said states could ban homosexual relations  Romer v Evans (1996) Sup Ct voided a Colorado amendment to their state constitution that denied homosexuals protection against discrimination  Lawrence v. Texas (2003) Overturned Bowers Private homosexual acts are protected by the Constitution (right to privacy)  2011, the Pentagon ended the “Don’t Ask, Don’t Tell” policy, allowing gays to serve openly in the military

22. Same Sex Marriage  Many state constitutions were amended to prohibit the practice  The Defense of Marriage Act (1996) - federal government defined marriage as being between a man and a woman, thus denying same-sex couples the same federal protections as heterosexual couples (Social Security survivor benefits, immigration rights, family and medical leave, tax filing as a married couple, etc) This also allowed states to disregard same sex amrriages even if they were legal elsewhere

23. Same Sex Marriage Obergefell v Hodges (2015)  The Fourteenth Amendment requires that states to license marriages between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of- state  Split decision along ideological lines 5-4  Marriage was deemed a fundamental right guaranteed by both the due process and equal protection clauses of the 14 th Amendment  This formally legalized same-sex marriage throughout the 50 states and US possessions and territories

24. Affirmative Action Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group In education  Regents of the University of California v. Bakke (1978)  Racial set asides unconstitutional; no more quotas  Race could be considered in admissions  Adarand Constructors v Pena (1995)  Federal programs that classify people by race (even in order to expand opportunities) should be presumed unconstitutional  Grutter v. Bollinger (2003) and Gratz v Bollinger (2003)  Race could be considered a “plus” in admissions  Giving minorities added points for race constitutes a quota, which was a violation of the Bakke ruling

25. Understanding Civil Rights and Public Policy Civil Rights and Democracy  Equality favors majority rule.  Suffrage gave many groups political power. Civil Rights and the Scope of Government  Civil rights laws increase the size and power of government.  Civil rights protect individuals against collective discrimination.

26. Summary Racial minorities and women have struggled for equality since the beginning of the republic. Constitutional amendments and civil rights legislation guarantee voting and freedom from discrimination. Civil rights have expanded to new groups.