Civil Rights

AP UNIT 5 CONTINUED

Civil Rights and Equality

civil rights - policies created to protect people from discriminatory actions by individuals or the gov’t Ensures equal treatment according to the

Constitution and its given libertiesAmerica upholds equality of rights (equal

protection under the law) and equality of opportunity (everyone has an equal opportunity to succeed)

The 14th Amendment

Aside from due process, it also contains the:equal protection clause - no state can deny

a person equal protection of the laws Used to apply Constitution to equality issues Interpreted by courts to require standards of

review of laws

Standards of Review guidelines the SC uses to decide if a law that

classifies people violates the equal protection clause1.) Reasonable (easiest to pass) - is there a reasonable

connection between the law and a gov’t goal? (ex: age, wealth, education, etc.)

2.) Intermediate Scrutiny (somewhat difficult to pass) - is there a substantial relationship between the law and gov’t goal? (ex: gender)

3.) Inherently Suspect (most difficult to pass) - is the law necessary to fulfill a needed gov’t goal and there is no other option of doing so? (ex: race and ethnicity)

I. African Americans and Civil Rights

Prior to the Civil War, many African Americans were slaves and considered to be property without rights (Scott v. Sanford, 1857)

13th Amendment - (1865) Constitutionally abolished slavery

15th Amendment - (1870) extended the right to vote to all men regardless of race, color, or previous condition of servitude (slavery)

Plessy v. Ferguson (1896)

Under Louisiana law, blacks and whites were to use separate railroad cars. Homer Plessy, who was 7/8 white, refused to leave the “whites only” car and was arrested.

Importance of the Case: SC set a half-century precedent of

upholding the “separate but equal” doctrine, declaring such racial segregation as constitutional.

Civil rights activist groups, such as the NAACP (National Association for the Advancement of Colored People), sought change using the court system

Targeted education equality to force courts to decide if segregation was a violation of the 14th Amendment Equal Protection Clause

Brown v. Board of Education (1954)

A combination of 5 cases where black children were denied access to white public schools on the basis of segregation laws.

Importance of the Case: SC struck down Plessy v. Ferguson. The

“separate but equal” doctrine was unconstitutional as a violation of the 14th Amendment and racial segregation in schools declared to be inherently (naturally) unequal. Led to other SC segregation cases.

Brown v. Board decision effectively ended segregation in all schools but with slow progress and much protest (esp. in South)

Federal law enforcement was used to uphold the court decisions, but some state gov’ts still fought back

Civil Rights Act of 1964 Landmark legislation that put into law many

changes in civil rights policy (put “teeth” to the SC decisions) No racial discrimination in any public accommodations

(ex: hotels, restaurants, etc.) No discrimination in employment based on race, color,

gender, religion, or national origin Withheld grants from state and local gov’ts that

continued racial discrimination Allow Dept. of Justice to begin lawsuits to desegregate

public facilities

Heart of Atlanta Motel v. U.S. (1964)

The Heart of Atlanta Motel got most of its business from out-of-state customers. The business refused to accommodate African Americans, in violation of the CRA.. The motel argued that Congress overstepped its commerce powers in regulating who the motel could allow as customers.

Importance of the Case: SC ruled that Congress had the power to regulate

local business, and that places of public accommodation had no right to choose who they served and did not serve.

Voting and Discrimination

After the passage of the 15th Amendment, many states tried to sidestep it to continue to discriminate against African Americans

Methods: Literacy tests - potential voters had to prove

they could read, write, and understand constitutional text

Poll taxes - voters had to pay a tax in order to vote (outlawed by 24th Amendment in 1964)

White primary - only white voters could vote in primary elections (to dilute black influence on elections)

Racial gerrymandering - Congressional districts were drawn to break up the influence of minority groups

Voting Rights Act of 1965 Another piece of landmark civil rights legislation

focused on voting discrimination Prohibited any gov’t level from using voting methods

that would deny someone the right to vote based on race or color

Prohibited literacy test requirements Enforced by federal officials manning state polls to

ensure proper procedures and access to registration Later amended in 1982 to prohibit racial

gerrymandering

II. Other Minority Groups and Civil Rights

NATIVE AMERICANSOldest minority groupLong history of exploitation and loss of

land, property, and civil rights at hands of expanding white population (+ forced assimilation into society)

Have used legislation (Indian Rights Act of 1968) and courts to slowly restore rights of individuals and property

HISPANIC AMERICANS Are currently the largest minority group in U.S. Have suffered a history of discrimination, esp. in

southwest U.S. Hernandez v. Texas (1954) - applied 14th

amendment to Hispanics who were denied jury duty

Plyler v. Doe (1982) - struck down state laws that denied education to illegal immigrant children

ASIAN AMERICANSFastest growing of the minority groupsAlong with other immigrant groups, have

suffered discrimination in employment, housing, education, etc. throughout history

Intense discrimination esp. during WWII

Korematsu v. U.S. (1944)

Following the Japanese attack on Pearl Harbor in 1941, President Roosevelt signed executive order 9066, relocating 100,000 Japanese Americans to internment camps for national security reasons. Korematsu was convicted of trying to avoid internment.

Importance of the Case: SC ruled that the need for national security

was more important than Korematsu’s rights against racial discrimination.

ARAB AMERICANS/MUSLIMSFollowing the events of 9/11/01,

discrimination and threats have increased against this minority group

Many detained in name of national security, but SC upheld their right to challenge their detention

III. Women and Civil Rights

Since the Seneca Falls Convention (1848), women have struggled for equal rights and suffrage

15th Amendment extended suffrage to men, but not women

19th Amendment - granted women the right to vote (no discrimination in voting based on sex)

Following women gaining suffrage, there was a break in opinion on role of women in society

Equal Rights Amendment (1923) - a proposed Constitutional amendment that stated the equality of rights could not be taken away by any level of gov’t Passed by Congress in 1972, but fell 3 states

short of ratification in 1982

Reed v. Reed (1971)Under Idaho state law, estates were

preferred to be passed to males in the family over females. The Reeds fought over who should be named the administrator of their late son’s property.

Importance of the Case: SC struck down the Idaho state law as

arbitrarily discriminating based on gender and thus was a violation of the 14th Amendment.

Women in the Workplace

Women have increasingly become a larger portion of the workforce and have faced discrimination as a result

Civil Rights Act of 1964 forbids employment discrimination based on sex; Title IX of Education Act forbids gender discrimination in federally-funded schools

Women and Discrimination

Wage gap: female-based jobs make only 80% of what comparable male-jobs make

Sexual harassment is prevalent against females - SC has ruled this is a form of discrimination (if it creates a hostile/abusive work environment) Esp. found in male-dominated work

environments

Military standards women are not included in the required

registration for the military draft at age 18 for most areas of the U.S. Armed forces,

women are not allowed to serve in combat situations

III. Other Groups and Civil Rights

Aging Americans: Age Discrimination in Employment Act (1967)

- banned age discrimination in the workplace (esp. against older employees)

Americans with Disabilities: Americans With Disabilities Act (ADA)

(1990) - required employers and public facilities to provide reasonable accommodations for the disabled; prohibited employment discrimination against the disabled

Gays and Lesbians Have faced discrimination in jobs, housing,

education, and public accommodations and services

Considered by many to be a “modern” civil rights movement (others question this classification)

Most controversy comes from debate over same-sex marriage (37 states have legalized it, 13 have prohibited it)

U.S. v. Windsor (2013) Edith Windsor was left the estate of her late

spouse, but was taxed $363,000 because federal law did not recognize same-sex marriage as a legal union under DOMA (Defense of Marriage Act).

Importance of the Case: SC ruled that DOMA was an unconstitutional

violation of the 5th Amendment due process clause. As a result, federal benefits for married couples were extended to same-sex unions.

Affirmative Action Affirmative action - policies that give special

attention or preference to minority groups that have been disadvantaged/discriminated against in the past

Appears especially in education and employment/hiring opportunities

Has had mixed reactions from SC Upheld if race/gender/etc. is only one aspect of the

process Struck down if race/gender/etc. is the only aspect of the

process

Regents of the University of California v. Bakke

(1978) Alan Bakke was a white male applying to the

University of CA, which had a quota of 16/100 positions reserved for minority students. Bakke’s academic record far exceeded the average records of these students, but he was still denied admission.

Importance of the Case: SC ruled that affirmative action would be allowed

in this case if race was one of many factors considered for admittance, NOT when it was the only factor in determining a quota.

Debate #1

Is affirmative action a protection of minority rights or “reverse racism”?

Debate #2

Does gay marriage qualify as a civil rights issue?