1. Civil Rights
Chapter 5

2. Civil Rights
Guarantees the equal rights and equal treatment under the law
Protections from government abuse
Government must provide these rights to all

3. Civil Rights Equal rights for all individuals Equality and freedom
Based on: Declaration of Independence, Constitution, Bill of Rights
Types of inequality
Racial and ethnic group membership
Gender
Age
Disability

4. Home and Person 3rd Amendment 4th Amendment Quartering of troops
Search and Seizure: Katz v. US 1967 ‘reasonable right to privacy’ - phone booth
Terry v. Ohio (1968): stop and frisk
Due process
Search warrant

5. Right to Privacy 1, 3,4,5,9,10 Amendments
Right to be free from gov’t surveillance, intrusion
Right not to have private affairs made public
Right to free thought and belief
Griswold v. Connecticut 1965 (birth control)
Roe v. Wade (1973)
Texas v. Lawrence (2003)

6. Accused of a Crime 5th Amendment Double Jeopardy
Taking clause: eminent domain
Self-incrimination
Miranda v. Arizona (1966): Earl Warren, Chief Justice “ must be warned that he has the right to remain silent”

7. Excessive Bail & Punishment
8th Amendment
Capital punishment
In re Kemmler (1890) -- death acceptable if it does not involve “torture and lingering death”
Furman v. Georgia (1972): death penalty has to be consistantly used
Gregg v. Georgia (1976) must be in consistent manner -- most states have stopped

8. Discrimination
Unfair treatment of an individual based on group membership alone

9. African Americans Post Civil War Amendments Century of Discrimination
13th: Slavery abolished
14th: Civil Rights
15th: Right to Vote
Century of Discrimination
Jim Crow
De facto
De jure
Separate but Equal
Plessy v. Ferguson 1896
Modern Movement
Brown v. Board of Education 1954

10. Modern Civil Rights Brown v. Board of Education Increased Activism
Civil Rights Laws
Civil Rights Acts 1964
Voting Rights Act 1965
Right to own property
Racial / ethnic religious covenents
Red lining

11. Presidents Involved in Civil Rights
Harry Truman
Dwight Eisenhower
John Kennedy
Lyndon Baines Johnson

12. Rights of Others Hispanics Asian Pacific Americans Native Americans
14% of US population
Bi lingual education
Divers category
Asian Pacific Americans
Japanese Americans
Internment camps
Korematsu v. US
Native Americans
Citizens of a foreign nation
1870’s: reservations
1945: policy of termination

13. Women Early attitudes and suffrage Discrimination & Growing Concerns
1848: Seneca Falls, Lucretia Mott & Elizabeth Cady Stanton
1920: 19th Amendment
Women’s Christian Temperance Union
1919: 18th Amendment
Discrimination & Growing Concerns
1963 Betty Friedan, The Feminine Mystique
1972: Title IX, Education Act

14. Court Cases Reasonable Standard Strict Scrutiny Standard
Different treatments are reasonable
Taxes
Strict Scrutiny Standard
‘inherently suspect’ - historical categories
Reed v. Reed 1971
Other decisions
No different drinking ages based on gender
No mandatory pregnancy leaves
Girls cannot be barred from Little League

15. Issues
Equal Rights Amendment (ERA)
Comparable worth

16. Equal Rights for Americans
Older Americans
Age Employment Discrimination Act 1972
AARP
Disabled Americans
Rehabilitation Act of added disabled to list of groups protected from discrimination
American with Disabilities Act (ADA) 1990
Employment
Government programs
Public accommodations
Public transportation
Telephones

17. Sexual Orientation
1986 Hardwick v. Georgia - 13 colonies, all 50 states until 1961 had laws making homosexuality illegal
1986 Bowers v.Hardwick - private acts of homosexuality illegal
2003 Texas v. Lawrence - struck down criminal nature of homosexuality act between consenting adults
Issues
Marriage - separate but equal legal access
Adoption

18. Affirmative Action Redress historical injustice
Create level playing field: equal opportunity
Issues
Quotas
Reverse discrimination
Regents of University of California v. Bakke

19. Court Decisions 1979: United Steelworkers v Weber
Training programs to overcome inbalance ok
1980: Fullilove v. Klutznick
Minority set aside for public works projects
1987: Johnson v. Transportation Agency of Santa Clara County
Reverse discrimination female hired
1995: Adarand Constructors v. Pena
Race primary criteria, action is unconstitutional