1. Unit 6: Civil Rights & Liberties

2. Granted citizenship rights in 1924
Civil Rights
Native Americans
Granted citizenship rights in 1924
Indian Claims Act
1946 – a process to settle claims of American Indians against the govt. for land taken from them
Title II – Civil Rights Act of 1968 – Indian Bill of Rights
Applied most of the provisions of the constitution’s Bill of Rights to tribal governments
Native American Rights Fund
An interest group since 1970 to protect the rights of Native Americans in hunting, fishing, sacred land, etc
Businesses on Reservations
Are not subject to federal taxes or state laws regulating business

3. 16% of population nationwide, 40% in southwest
Civil Rights
Hispanic Americans
16% of population nationwide, 40% in southwest
Hernandez V Texas
Texas excluded Hispanics from juries, thereby denying any Hispanic litigant a fair trial. Widened racial protections of 14th
Cesar Chavez
Led movements in the 1960s to protect the rights of migrant workers, most of whom are Hispanic
Plyler V Doe
States cannot deny illegal immigrants access to public schools, they can’t show compelling state interest to justify it
Benefit from rights gained by African American CR movements
Federal govt. does not compel states to proactively create bilingual policies, so language based discrimination is normal

4. Fastest growing minority group, 6% of USA population
Civil Rights
Asian Americans
Fastest growing minority group, 6% of USA population
Korematsu V United States
During WW2 over 100,000 Japanese-American citizens were placed in internment camps
SCOTUS upheld the internment as constitutional
Govt. need to prevent espionage outweighed Korematsu’s individual rights
Fed. Govt. formally apologized and granted reparations to 82,000 victims and their families in 1993
Benefit from rights gained by African American CR movements

5. Increasing discrimination since Sept 11, 2001 attacks
Civil Rights
Arab Americans
Increasing discrimination since Sept 11, 2001 attacks
detainment
In aftermath of attacks, 1200 people detained by FBI, 70% were illegal alien Arabs
Probable violation of 6th amendment rights to be informed of charges and speedy trial
Detainees have a right to challenge their detention before a judge
“enemy combatans”
1942 case defines “enemy combatant” as belligerents who aren’t entitled to status of prisoners of war
Subject to military tribunals instead of courts, Bush & Obama administrations have denied them access to civil courts

6. Civil Rights
women
Nineteenth Amendment
Right to vote cannot be denied because of gender
“Equal Rights Amendment”
Introduced in Congress in 1923, actually passed by Congress in 1972
Would essentially be the same as the 14th amendment but for “sex” instead of “race”
10 year time limit placed on ratification in 1972, and was 3 states short when time ran up in 1982

7. Civil Rights
women
Reed V Reed
1st time SCOTUS upheld claim of gender discrimination
Craig V Boren
Established “intermediate scrutiny” standard for differences in gender treatment
Oklahoma was selling beer to males at 21 but females at 18! The law was struck down because state had no compelling interest in discrimination

8. Civil Rights
women
Different treatment has been upheld:
Statutory rape laws applying only to men
Male-only military draft
States that give tax exemptions to widows but not widowers

9. Civil Rights
women
Pregnancy Dicrimination Act
Illegal to exclude pregnancy & birth from benefits
Civil Rights & Women’s Equity Act
Shifts burden of proof to employers in hiring & promotions. Must show gender bias is necessary
Dothard V Robinson
Arbitrary height and weigh requirements are unconstitutional – must be directly related to job
Title IX of Education Act
Forbids gender discrimination in all federally subsidized education programs, including athletics

10. Civil Rights
women
United States V Virginia
State schools can’t deny women - even Virginia Military Institute
Sexual Harassment
Quid Pro Quo
Decisions are based on an employee’s submission to or rejection of sexual advances
Hostile Work Environment
Employees are subject to a pattern of exposure to unwanted sexual behavior

11. Civil Rights
Old people
Social Security Act
Passed in 1930s to provide income assistance for adults over age 65, unlikely to be changed
Age Discrimination & Employment Act
Banned age discrimination in hiring & in college admissions
Age is not in the “inherently suspect” category
Most workers protected from compulsory retirement

12. Civil Rights
Disabled Americans
Rehabilitation Act
Added “disabled” as a protected class in CR cases
Americans with Disabilities Act 1990
Employers & public facilities must make all reasonable accommodations
Improvements to older facilities usually cannot be made if building is not ADA compliant
Education of All Handicapped Children Act
All children are entitled to a free public education appropriate to their needs

13. Civil Rights
LGBT
Bowers V Hardwick
Court upheld state bans on sodomy in 1990s
Lawrence V Texas (2003)
Overturned BowersI and made state sodomy laws illegal