1. Chapter 21 Civil Rights: Equal Justice Under Law
American Government
Chapter 21
Civil Rights: Equal Justice Under Law

2. Section 1
Diversity and Discrimination in the American Society

3. A Heterogeneous Society
To Greek words hetero and genos
different – race, family, or kind
AKA… composed of a mix of ingredients
U.S. has consistently been predominantly white
However, U.S. has become increasingly more heterogeneous over the last few decades due to an influx of immigrants
aliens legally admitted as permanent residents

4. Race-Based Discrimination
African Americans
2nd largest minority group in U.S.
Been victims of consistent and deliberate, unjust treatment
Most Constitution guarantees of equality for all people came from and for African Americans

5. Race-Based Discrimination (Con’t)
Native Americans
Many killed by European diseases and wars
Forced to live on or near reservations
currently life expectancy 10 years less than national average

6. Race-Based Discrimination (Con’t)
Hispanic Americans
Spanish-speaking background
Largest minority group in U.S.
Basic Groups
Mexican Americans
Puerto Ricans
Cuban Americans
Central and South Americans
Many are refugees
One who seeks protection from war, prosecution, or danger

7. Race-Based Discrimination (Con’t)
Asian Americans
Forced to assimilate
process by which people of one culture merge into and become part of another culture
Many came in 1800’s to work in mines and build railroads in the West

8. Discrimination Against Women
Women are not minority in U.S.
Law and public policy have generally not given women equal rights
Eventually gain suffrage
Only 1% of the nations top public offices have been held by women since 1789

9. Discrimination Against Women (Con’t)
Fewer than 20% of doctors, lawyers, and college professors are women
Women earn on average less than men
Some claim there is a glass ceiling

10. Section 2
Equality Before the Law

11. Equal Protection Clause
Everyone is different and democratic ideals demand government treat all people alike
“No state shall… deny to any person within it jurisdiction the equal protection of the laws” 14th Amendment
Reasonable Classification
There must be some discrimination (Classification)
However it cannot be unreasonable
Most acts by government have been found constitutional by Supreme Court

12. Equal Protection Clause (Con’t)
The Rational Basis Test
It asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?
Must have a “Public Good” goal

13. Equal Protection Clause (Con’t)
Strict Scrutiny Test
Higher Standard if:
Involves “fundamental rights” such as votes, travel inter-state, and 1st Amendment
“Suspect Classifications” as race, sec, or national origin
Much harder for states to discriminate

14. Segregation in America
The separation of one group from another
Jim Crow Laws
laws that separate people based on race
In both public and private facilities
Separate-but-equal doctrine
Plessy V. Ferguson
Held that the Equal Protection Clause supported separate facilities as long as the separate facilities were equal

15. Segregation in America (Con’t)
Brown v. Board of Education
Court held that segregation by race in public education is unconstitutional
Some states tried to block integration
The process of bringing a group into the mainstream of society
Civil Rights Act of 1964
Allowed Justice Department to file suits against desegregation acts

16. De Jure, De Facto Segregation
Segregation by law or legal sanction
Now abolished
De Facto Segregation
Segregation, not based on law, but normally housing patterns
Busing and redrawing district lines have worked to avoid de facto segregation
Segregation in other fields
In public arenas segregation is illegal as well

17. Classification by Sex
14th Amendment, according to the Supreme Court, also gives Equal Protection to women
However, women are not drafted

18. Section 3
Federal Civil Rights Laws

19. Civil Rights: Reconstruction to Today
1870’s to late 1950’s, Congress did not pass a meaningful civil rights legislation
Changed by pressures in 1957
From Civil Rights movement by people like Martin L. King Jr.

20. Civil Rights: Reconstruction to Today (Con’t)
The Civil Rights Act of 1964
Passed after an 83 day debate
Outlaws discrimination in a number of areas
No person may be denied access or refused service in various “public accommodations”
No Discrimination if the program receives public funding, otherwise federal funds will be cut
Employers and Unions cannot discriminate
Against race, color, religion, national origin, sex, or physical disability

21. Civil Rights: Reconstruction to Today (Con’t)
Civil Rights Act of 1968
Called open housing act
Can not sell or rent on the grounds as laid out in Civil Rights Act of 1964

22. Affirmative Action
Policy requires that most employers take positive steps to remedy the effects of past discriminations
Private businesses must try to make their work force reflect the makeup of the local population
Reverse Discrimination
Critics say affirmative action is unconstitutional
Discriminate against the majority group

23. Affirmative Action (Con’t)
The Bakke Case
Regents of University of California v. Bakke in 1978
16 out of 100 spots reserved for non-whites and Supreme Court found the quotas to be unconstitutional
Though race could be a factor among many other factors
Later Cases
Quotas can be used in extreme situations
Recent court cases have made it harder to prove discrimination

24. Affirmative Action (Con’t)
The Adarand Case
Adarand Constructors v. Pena, 1995
Found any preferential treatment based on race unconstitutional
“Whenever the government treats any person unequally because of his or her race, that person has suffered an injury.”
Justice Sandra Day O’ Connor

25. Affirmative Action (Con’t)
Affirmative Action on the Ballot
California voters voted to get rid of most affirmative action programs
circuit court agreed and Supreme Court refused to see case

26. Section 4
American Citizenship

27. Question of Citizenship
14th Amendment declares that a person can become an American citizen either by birth or by naturalization

28. Citizenship By Birth
Citizenship by birth is determined by either Jus Soli or Jus Sanguinis
Jus Soli is anyone born on U.S. soil, or U.S. territory
Jus Sanguinis is anyone who becomes citizen based on law
Parents are U.S. citizens

29. Citizenship By Naturalization
The legal process by which a person becomes a citizen of another country at sometime after birth
Individual Naturalization
An alien becomes a citizen individually
a citizen or national of a foreign state living in this country
Collective Naturalization
Naturalization en masse
When an entire group has been naturalized

30. Loss of Citizenship
Everyone has the voluntarily ability to get rid of his or her citizenship
Expatriation
The legal process by which a loss of citizenship occurs
Denaturalization
When a naturalized citizen loses their citizenship through a court order, because they became a citizen by fraud or deception
Marriage does not help one gain or lose citizenship

31. A Nation of Immigrants Regulation of Immigration
Courts have ruled the power to control the nation’s border is an inherent power of the United States
U.S. had mostly open borders from independence to 1890’s
New restrictions continually since

32. A Nation of Immigrants (Con’t)
Present Immigration Policies
Immigration Act of 1990 governs the admittance of aliens to U.S.
675,000 allowed each year
Deportation
A legal process in which aliens are legally required to leave the U.S.
Illegally achieved evidence could be used because it is a civil law

33. Undocumented Aliens A Troublesome Situation Current Law
Nearly Million illegal aliens reside in the U.S.
Current Law
A crime to hire illegal aliens
Undocumented aliens given one year of amnesty to become a citizen