1. Chapter 5 Equal Protection under the Law: Balancing Individual, State and Federal Rights

2. Dred Scott Decision The Supreme Court had ruled in Dred Scott v. Sandford 1857 that free blacks could not be citizens of the U.S. and they had no rights which a white man was bound to respect.

3. Dred Scott Decision The ruling ignored the fact that black men in five of the original states had been full voting citizens dating back to the declaration of Independence. The case also declared the Missouri Compromise of 1820 to be unconstitutional.

4. Missouri Compromise The compromise prohibited slavery north of the parallel 36 º 30’ in the Louisiana Purchase. The Court declared that it violated the Fifth Amendment of the constitution which prohibits Congress from depriving a person of their property without due process of law

5. The Slave Issue Issues came to a head when Abraham Lincoln was elected president in 1860. President Lincoln had been elected on a promise to abolish slavery in the territories, but he conceded that under the Constitution slavery was legal in the states where it had been established.

6. State Reaction South Carolina, withdrew from union 1861 Florida, Georgia, Alabama, Mississippi, Louisiana and Texas withdrew from union

7. Presidential Reaction Summer of 1862 Lincoln announced that unless they returned to the union he would call for an end to slavery in all rebelling states.

8. The Thirteenth Amendment January 1864 a resolution to amend the Constitution to abolish slavery throughout the U.S. was introduced in Congress. It was ratified by the required two-thirds vote in both houses. This went into effect in December 1865.

9. The Thirteenth Amendment Section 1. Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.

10. Discrimination versus Prejudice Prejudice attitude Discrimination behavior If prejudices are converted into acts, laws punish the actor and protect the victim.

11. The Roots of Racial Discrimination Jim Crow laws Strictly segregated blacks from whites in schools, restaurants, street cars, hospitals and cemeteries. Brown v. Board of Education of Topeka Separate but equal schools were illegal

12. The Struggle for Equality Regents of the University of California v. Bakke (1978) in which the Supreme Court upheld the University of California’s use of race as one factor in determining admissions.

13. Affirmative Action United Steelworkers of America v. Weber In-plant quota by union agreement Fullilove v. Klutznick 10% minority quotas for government contracts

14. Affirmative Action Firefighters Local Union No. 1784 v. Stotts Setting aside seniority as a basis for layoffs and substituting race was unconstitutional Wygant v. Jackson Board of Education Preferential protection of minorities from layoffs contained in a collective bargaining agreement was unconstitutional.

15. The Struggle for Equality Reverse discrimination Consists of giving preferential treatment in hiring and promoting women and minorities to the detriment of white males. The courts have been deeply divided over the constitutionality of the reverse discrimination that some believe is implicit in minority quotas and double standards.

16. Equal Protection in the Criminal Justice System The equal protection clause prohibits discrimination in jury selection based on race or gender. Right Legally protected claim Privilege Not necessarily legally protected