1. Equal Protection and Civil Rights

2. Equal Protection “No state shall... 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 law.” - 14 th Amendment

3. I. Meaning of Equal Protection A.Both the 5 th and 14 th Amendments provide equal protection to all people 1.It does not mean everyone must be treated exactly the same 2.Government must sometimes classify, or group, people into categories to achieve legitimate goals B.Supreme Court uses tests to determine if a classification is legal 1.Rational Basis Test: a.If a rational basis is shown for the classification, there is no denial of equal protection ex. Standard age: Need to be 21 to drink; 18 to vote ex. Standard age: Need to be 21 to drink; 18 to vote

4. I. Meaning of Equal Protection 2.Strict Scrutiny Test: a.Higher standard b.The state must show that some “compelling governmental interest” justifies the distinctions it has drawn between classes of people c.Suspect Classification i.A grouping made on the basis of race, sex, or national origin ii.Group of people who have been historically treated unequally iii.These groups get special judicial protection because they have had no political power Ex. Affirmative Action Ex. Affirmative Action

5. I. Meaning of Equal Protection d.Fundamental Rights i.Rights that go to the heart of the American system or are indispensable in a just system Ex. Right to vote and 1 st Amendment rights Ex. Right to vote and 1 st Amendment rights ii.State laws that violate these rights are unconstitutional

6. II. Proving Intent to Discriminate A.Discrimination 1.Exists when individuals are treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion. 2.Difficult to prove B. Washington v. Davis 1.Court ruled that to prove a state guilty of discrimination, one must prove that an intent motivated the state’s actions 2.Two African-Americans challenged D.C. police department’s requirement that all recruits pass a verbal ability test. 3.They said it was unconstitutional because more African- Americans failed the test

7. II. Proving Intent to Discriminate 4.Court said test was not designed to discriminate, so it was legal. 5.In a later case the Court said, “The Fourteenth Amendment guarantees equal laws, not equal results”.

8. III. Struggle for Equal Rights A.Segregation – separation of people from the larger social group 1.Jim Crow Laws: states passed laws designed to separate use of public facilities 2. Plessy v. Ferguson:: “Separate but equal” doctrine established a.In dissent, Justice Harlan said, “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens 3. Brown v. Board of Education: Overturned Plessy case. “Separate but equal” was inherently unequal. a.Started process of desegregation b.Eisenhower had to send federal troop to Little Rock

9. III. Struggle for Equal Rights A.Desegregation 1.Elimination of segregation by race. 2.Court ordered schools desegregated “with all deliberate speed” B.De Jure Segregation 1.Segregation as a result of law C.De Facto Segregation 1.Results from housing patterns and the practice of assigning students to neighborhood schools D.Civil Rights Movement 1.People deliberately and peacefully broke laws supporting racial segregation 2.When convicted, they challenged the constitutionality of those laws

10. IV. Challenges for Civil Liberties A.Affirmative Action 1.Programs designed to end the effects of past discrimination by helping disadvantaged groups 2.Critics say it results in quotas B.“Reverse” Discrimination 1.Discriminating against the majority group 2.Ex. Regents of California v. Bakke i.Bakke was not admitted to UC Davis medical school when minority students were admitted with lower test scores ii.Court ruled UC had to admit Bakke, But it could use race as a deciding factor in admissions iii.Upheld basic idea of affirmative action but said strict quota systems based on race were unconstitutional