AP Government: Chapter 5AP Government: Chapter 5

Civil RightsCivil Rights

Is an increase in the scope of government to Is an increase in the scope of government to protect some people’s rights an unacceptable protect some people’s rights an unacceptable threat to the rights of others?threat to the rights of others?

Civil RightsCivil Rights=Policies designed to protect =Policies designed to protect people against arbitrary or discriminatory people against arbitrary or discriminatory treatment by government officials or treatment by government officials or individualsindividuals

Civil Rights and Civil Civil Rights and Civil LibertiesLiberties

• Most Americans favor equality in the Most Americans favor equality in the abstract yet the concrete struggle for abstract yet the concrete struggle for equal rights under the Constitution has equal rights under the Constitution has been our nation’s most bitter battlebeen our nation’s most bitter battle

• Those people who enjoy privileged Those people who enjoy privileged positions in American society have been positions in American society have been reluctant to give them upreluctant to give them up

Equality DebatesEquality Debates

Discrimination Discrimination based on race, age, based on race, age, gender, disability, gender, disability, sexual orientation, sexual orientation, and the and the disenfranchiseddisenfranchised

Equality in the Equality in the Constitution?Constitution?

Equality of opportunityEquality of opportunity is not in is not in the original Constitution or the Bill the original Constitution or the Bill of Rightsof Rights

• 1414thth Amendment (1868): forbids Amendment (1868): forbids states from denying to anyone states from denying to anyone “equal protection of the law”“equal protection of the law”

The importance of the The importance of the 1414thth Amendment Amendment

• The Court didn’t use The Court didn’t use the amendment to the amendment to create equality in create equality in society until almost 100 society until almost 100 years later to years later to “unshackle “unshackle disadvantaged groups”disadvantaged groups”

• Has Has becomebecome the the vehicle for more vehicle for more expansive expansive Constitutional Constitutional interpretationsinterpretations

Two centuries of StruggleTwo centuries of Struggle

1414thth Amendment: Levels Amendment: Levels of Scrutinyof Scrutiny

Three levels of Three levels of scrutinyscrutiny::

1.1. ReasonableReasonable—Bear a —Bear a rational relationship to rational relationship to some legitimate some legitimate governmental purpose governmental purpose are constitutional (I.eare constitutional (I.e. . voting age)voting age)

1414thth Amendment: Amendment:Levels of ScrutinyLevels of Scrutiny

2. Inherently Suspect2. Inherently Suspect—Presumed —Presumed to be invalid and are upheld only to be invalid and are upheld only if they serve a “compelling if they serve a “compelling public interest” and there is no public interest” and there is no other way to accomplish the other way to accomplish the purpose of the law (I.e. college purpose of the law (I.e. college admissions, affirmative action)admissions, affirmative action)

1414thth Amendment: Amendment:Levels of ScrutinyLevels of Scrutiny

3. Somewhere in between3. Somewhere in between——Presumed neither to be Presumed neither to be constitutional nor to be constitutional nor to be unconstitutional; a law that unconstitutional; a law that discriminates on the basis of discriminates on the basis of gender must bear a substantial gender must bear a substantial relationship to an important relationship to an important legislative purpose legislative purpose

African Americans’ African Americans’ Struggle for Equality in Struggle for Equality in

AmericaAmerica

1. The Era of Slavery1. The Era of Slavery

• 1600’s – 18651600’s – 1865– Dred Scott v. Dred Scott v.

SandfordSandford (1857) (1857)• Slaves had no Slaves had no

rights.rights.• Invalidated Missouri Invalidated Missouri

CompromiseCompromise– The Civil WarThe Civil War– The Thirteenth The Thirteenth

AmendmentAmendment• Ratified after Union Ratified after Union

won the Civil Warwon the Civil War• Outlawed slaveryOutlawed slavery

Race, the Constitution, Race, the Constitution, and Public Policy and Public Policy

2. The Era of 2. The Era of Reconstruction and Reconstruction and ResegregationResegregation

– Jim Crow or Jim Crow or segregational lawssegregational laws

• Relegated African Relegated African Americans to Americans to separate facilitiesseparate facilities

– Plessy v. FergusonPlessy v. Ferguson (1896)(1896)

• Upheld the Upheld the constitutionality of constitutionality of “equal but separate “equal but separate accommodations”accommodations”

3. The Era of Civil Rights3. The Era of Civil Rights

• Brown v. Board of EducationBrown v. Board of Education (1954)(1954)

• Overturned Overturned PlessyPlessy• School segregation School segregation

inherently unconstitutionalinherently unconstitutional• Integrate schools “with all Integrate schools “with all

deliberate speed” Little Rock deliberate speed” Little Rock 9 (1957)9 (1957)

• Civil Rights Act (1964)Civil Rights Act (1964)• Voting Rights Act of 1965Voting Rights Act of 1965• School Busing (1971) School Busing (1971)

– Busing of students solution Busing of students solution for two kinds of segregation:for two kinds of segregation:

• de jure, de jure, “by law”“by law”• de facto, de facto, “in reality”“in reality”

Civil Rights Act of 1964Civil Rights Act of 1964• Made racial discrimination illegal in hotels, motels, Made racial discrimination illegal in hotels, motels,

restaurants, and other places of public accommodationrestaurants, and other places of public accommodation• Forbade discrimination in employment on the basis of Forbade discrimination in employment on the basis of

race, color, national origin, religion or genderrace, color, national origin, religion or gender• Created the (EEOC) Equal Employment Opportunity Created the (EEOC) Equal Employment Opportunity

Commission to monitor and enforce protections against Commission to monitor and enforce protections against job discriminationjob discrimination

• Provided for withholding federal grants from state and Provided for withholding federal grants from state and local governments and other institutions that practiced local governments and other institutions that practiced racial discriminationracial discrimination

• Strengthened voting rights legislationStrengthened voting rights legislation• Authorized the US Justice Department to initiate lawsuits Authorized the US Justice Department to initiate lawsuits

to desegregate public schools and facilitiesto desegregate public schools and facilities

Voting Rights Act of 1965Voting Rights Act of 1965

• A law designed to help end formal A law designed to help end formal and informal barriers to African and informal barriers to African American suffrage. American suffrage.

• Hundreds of thousands of African Hundreds of thousands of African Americans were registered, and the Americans were registered, and the number of African American number of African American elected officials increased elected officials increased dramatically.dramatically.

Getting and Using the Getting and Using the Right to VoteRight to Vote

– Suffrage: the legal right to voteSuffrage: the legal right to vote– Fifteenth Amendment: extended Fifteenth Amendment: extended

suffrage to African Americanssuffrage to African Americans– Poll Taxes: small taxes levied on the Poll Taxes: small taxes levied on the

right to voteright to vote– White Primary: Only whites were White Primary: Only whites were

allowed to vote in the party primaries.allowed to vote in the party primaries.

Getting and Using the Getting and Using the Right to VoteRight to Vote

– Smith v. AllwrightSmith v. Allwright (1944): ended white (1944): ended white primariesprimaries

– Twenty-fourth Amendment: eliminated poll Twenty-fourth Amendment: eliminated poll taxes for federal electionstaxes for federal elections

– Harper v. Virginia State Board of Elections Harper v. Virginia State Board of Elections (1966): no poll taxes at all(1966): no poll taxes at all

– Voting Rights Act of 1965: helped end formal Voting Rights Act of 1965: helped end formal and informal barriers to votingand informal barriers to voting

Civil Rights AmendmentsCivil Rights Amendments

LIST AND ANALYZE:LIST AND ANALYZE:• 1313thth::• 1414thth: : • 1515thth: : • 1919thth: : • 2424thth: :

Major Minorities in the Major Minorities in the United StatesUnited States

• Caucasians=69%Caucasians=69%• Hispanic Hispanic

Americans=13% Americans=13% • African Americans=12%African Americans=12%• Asian Americans=4%Asian Americans=4%• Native Americans=1%Native Americans=1%• The United States is The United States is

heading to a heading to a Minority Minority MajorityMajority=there will be =there will be more minorities than more minorities than Caucasians in your Caucasians in your lifetimelifetime

Women and the Women and the ConstitutionConstitution

1919thth Amendment (1920) Amendment (1920)• Equal Rights Amendment Equal Rights Amendment

(ERA) Congress passed in (ERA) Congress passed in 1972 but it was three 1972 but it was three states short by the states short by the expiration in 1982expiration in 1982

• Reed V. ReedReed V. Reed (1971) Any (1971) Any arbitrary gender based arbitrary gender based classification violated the classification violated the 1414thth Amend Amend

• First time declared any First time declared any law unconstitutional on law unconstitutional on basis of gender basis of gender discriminationdiscrimination

• Craig V. BorenCraig V. Boren (1976) (1976) “medium scrutiny” “medium scrutiny” standard establishedstandard established

• Gender discrimination Gender discrimination neither valid nor invalidneither valid nor invalid

• Court said there must be Court said there must be an “exceedingly an “exceedingly persuasive justification” persuasive justification” for any government to for any government to classify people by genderclassify people by gender

• Civil Rights Act (1964) Civil Rights Act (1964) banned gender banned gender discrimination in discrimination in employmentemployment

• Women in the WorkplaceWomen in the Workplace– The Civil Rights Act of 1964 banned gender The Civil Rights Act of 1964 banned gender

discrimination in employment.discrimination in employment.

• Wage Discrimination and Comparable WorthWage Discrimination and Comparable Worth– The Supreme Court has not ruled on this issue.The Supreme Court has not ruled on this issue.

• Women in the MilitaryWomen in the Military– Only men may be drafted or serve in ground combat.Only men may be drafted or serve in ground combat.

• Sexual HarassmentSexual Harassment– Prohibited by Title VII of Civil Rights Act of 1964Prohibited by Title VII of Civil Rights Act of 1964

Women’s LawsWomen’s Laws• Title IX of the Title IX of the

Education Act of 1972Education Act of 1972• Pregnancy Pregnancy

Discrimination Act of Discrimination Act of 19781978: forbids gender : forbids gender discrimination in discrimination in federally subsidized federally subsidized education programseducation programs

• 1996 Supreme Court 1996 Supreme Court decided that single decided that single gender schooling gender schooling violates women’s violates women’s right to equal right to equal protection of the lawprotection of the law

Women in the MilitaryWomen in the Military

• Women are now part Women are now part of the regular service of the regular service since 1975since 1975

• Make up 15% in the Make up 15% in the Armed forcesArmed forces

• Discrepancies:Discrepancies:1. Only men must register 1. Only men must register for the draftfor the draft2. Prohibits women from 2. Prohibits women from serving in combat serving in combat (today=no ground combat in (today=no ground combat in Army and MarinesArmy and Marines))

Newly Active Groups Newly Active Groups under Civil Rightsunder Civil Rights

• Gray Liberation Gray Liberation MovementMovement

• People with DisabilitiesPeople with Disabilities

• Gay and Lesbian Rights Gay and Lesbian Rights GroupsGroups

How has civil rights How has civil rights helped these groups?helped these groups?

Gay and Lesbian RightsGay and Lesbian Rights

– Bowers Bowers v. v. HardwickHardwick (1986) (1986) – Lawrence Lawrence v. v. Texas Texas (2003)(2003)

• Overturned Overturned BowersBowers• Private homosexual acts are protected by Private homosexual acts are protected by

the Constitutionthe Constitution

– Gay marriageGay marriage• Many state constitutions amended to Many state constitutions amended to

prohibit practiceprohibit practice

Affirmative Action…Affirmative Action…

A Policy designed to give special attention to or A Policy designed to give special attention to or compensatory treatment for members of some compensatory treatment for members of some previously disadvantaged grouppreviously disadvantaged group

• According to the Supreme Court, is affirmative According to the Supreme Court, is affirmative action constitutional?action constitutional?

• In educationIn education– Regents of the University of California v. Bakke Regents of the University of California v. Bakke (1978)(1978)

• Racial set asides unconstitutionalRacial set asides unconstitutional• Race could be considered in admissionsRace could be considered in admissions

– Grutter v. Bollinger Grutter v. Bollinger (2003)(2003)• Race could be considered a “plus” in admissionsRace could be considered a “plus” in admissions

Affirmative Action…Affirmative Action…

• In employmentIn employment– United Steelworks v. Weber United Steelworks v. Weber (1979)(1979)

• Quotas to remedy past discrimination are Quotas to remedy past discrimination are constitutional.constitutional.

– Adarand Constructors v. PenaAdarand Constructors v. Pena (1995) (1995)• To be constitutional, affirmative action must be To be constitutional, affirmative action must be

“narrowly tailored” to meet a “compelling “narrowly tailored” to meet a “compelling governmental interest.”governmental interest.”

• Did not ban affirmative action, but severely limited Did not ban affirmative action, but severely limited its reachits reach