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Published byBlake Randall Modified over 9 years ago
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CHAPTER 6
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Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals
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When the gov treats classes of people differently the treatment must be reasonable not arbitrary Suspect classifications – the questionable way of classifying people Subject to strict scrutiny “Similarly situated” – A state cannot set different ages at which men and women legally become adults – A law that punishes males but not females for statutory rape is permissible; men and women are not “similarly situated” w/ respect to sexual relations – Selective Service – men have to register for the draft but women don’t
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14 th AMENDMENT EQUAL PROTECTION CLAUSE Has become the vehicle for more expansive Constitutional interpretations
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upheld constitutionality of slavery and forbade Congress from banning it in the new states
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13th – no involuntary servitude 14th – granted citizenship 15th – extended suffrage to African Americans
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Southern states circumvented the law Instituted: – Literacy tests – White primary – Poll taxes – Grandfather clause – Denying access
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SCOTUS endorsed “separate but equal” making segregation legal
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Formed in 1909 Goal: win legal battles w/o having to change public opinion or form broad political alliances Targeted school segregation For education to be equal, it had to be equally available
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Campaign in the courts – Prove schools are separate; NOT equal – Inherently unconstitutional CJ Earl Warren: – “in the field of public education the doctrine of ‘separate but equal’ has no place” because “separate educational facilities are inherently unequal”
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De jure – by law De facto – in practice
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The decision led to the widespread use of busing to end segregation by federal judges in the South.
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Events led to women’s rights – 1848 – Seneca Falls – 1920 – 19 th Amendment – WWII – entrance into workforce – 1963 – Equal Pay Act – 1963 – Feminine Mystique – 1964 – Civil Rights Act – 1973 – Roe v. Wade
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"the unseen, yet unbreakable barrier that keeps minorities and women from rising to the upper rungs of the corporate ladder, regardless of their qualifications or achievements."
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“equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex” NEVER PASSED!
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Bowers v. Hardwick – SC upheld state sodomy laws Lawrence v. Texas – overturned DOMA – no state would have to give legal status to same-sex marriage in another state DADT overturned
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BENEFITS Favored immigration status, hospital visitation rights, certain tax exemptions, the right to adopt a partner’s child, extension of health and dental insurance coverage
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Tradition – must preserve the vital institution of marriage that is designed to ensure a society’s future through raising children Morally wrong Contribute to the breakdown of American family culture = social problems like violent crime and teen pregnancy
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Attempts to prevent discrimination by forcing employers and universities to hire a certain percentage of minority groups or to give them compensatory preferential treatment
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Such programs include: – Recruitment – Preferential treatment – Quotas for women, minorities, and people with disabilities in education – Employment – Awarding of government contracts
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Upheld affirmative action but ruled against the practice of setting aside quota spots for particular groups
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