1. Lecture 36 Unit IV Introduction
Civil Rights Overview

2. This Lecture Note: SKIP chapters 11 and 12
Move directly to Part IV and Chapter 13
Pages
Introduction to Civil Rights
This Chapter
13- Discrimination
14- Voting Rights

3. Who get rights? And for what?
Voting?
Housing?
Non-discrimination?
Who gets these rights has evolved over time since the founding
Non-property rights owners
African-Americans
Women
Laws to guarantee these rights

4. The 14th Amendment One of the Reconstruction Amendments
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Applies to states and localities
Applies to everyone in states and localities not just freed slaves
Federal government covered by the 5th Amendment
The same Equal Protection doctrine applies to the federal government (reverse incorporation)
Prohibits discrimination by states and localities

5. Equal Protection Questions for the Equal Protection Clause
1) What is the type of classification?
Facially neutral laws
Discriminatory intent vs. effect/impact
Not all classifications are unconstitutional
2) What level of scrutiny applies?
3) Does the state action meet this level of scrutiny?
State action requirement (but remember reverse incorporation)
Grant of Congress power to enforce

6. Levels of Scrutiny- Strict Scrutiny
Strict Scrutiny Burden on government to prove:
1) Justified by a compelling state interest
2) Must be narrowly tailored to that goal (if not overbreadth issues)
3) Must be the least restrictive means
Applies to:
Suspect classifications
Race, national origin, skin color, religion, ethnicity, alienage (legal only)
Burdening fundamental rights
Privacy, contraception, abortion (up to Casey)

7. Levels of Scrutiny- Intermediate
Intermediate Scrutiny Government must prove
1) Law must be substantially related
2) To an important (and legitimate) governmental interest
Applies to:
Quasi-suspect classifications
Sex discrimination, maybe sexual orientation?
Content neutral speech
Illegitimacy
This is in between but closer to strict than rational basis

8. Levels of Scrutiny- Rational Basis
Rational Basis Burden on plaintiff to show (shifted burden)
1) Law not rationally related
Nexus law cannot advance it
2) To an important legitimate governmental interest
Illegitimate, arbitrary, capricious
Applies to:
Age discrimination, and most laws
Rehnquist and others wanted abortion regulations subject to this
Pretty much everything not covered by the other two

9. Other Civil Rights Constitutional Provisions
15th Amendment
Cannot deny right to vote based on race
Goes largely unenforced for a century in the South
19th Amendment
Right of women to vote
23rd Amendment
Electors to the District of Columbia residents
But still no voting rights to other territories for President
No voting members in Congress to territories
24th Amendment
Poll tax prohibitions
But Voter ID upheld
26th Amendment
18 year olds gain right to vote

10. The “Big Three” Civil Rights Laws
All these passed under President Johnson
Civil Rights Act of 1964
Public accommodations, segregation, hiring
Voting Rights Act of 1965
Ban on literacy tests
Largely follows the language of the 15th Amendment
Amended in 1982 to discriminatory effect
Preclearance until Shelby County
Civil Rights Act of 1968
Extends to housing

11. Other Civil Rights Civil Rights Act of 1866, 1870, 1871, and 1875
Authorizes §1983 Actions
Prohibits state officials acting under the color of law of depriving civil rights
Pay Equity Act if 1963
Lily Ledbetter Fair Pay Act of 2009
Age Discrimination in Employment Act of 1967
Title IX Education
Americans with Disabilities Act of 1990
Civil Rights Act of 1990
Out to clarify after Court decisions

12. Equal Rights Amendment
The Equal Rights Amendment
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3. This amendment shall take effect two years after the date of ratification.
However, it fell three states short of ratification

13. Next Lecture Pages 609-618 Separate but Equal
Plessy v. Ferguson (1896)
Sweatt v. Painter (1950)