Civil Rights Chapter 5

1. Liberty v. Rights !Civil Liberties - liberties government

cannot infringe upon

!Civil Rights - The permissible ways Gov’t can provide or not provide these liberties equally! 14th Am.

! Issues revolve around rights related to: ! race, riches, gender, or sexual orientation.

We must learn how our governments have evolved in providing these rights.

Chapter 5 Quiz

2. Amendments dealing w/ Civil Rights13th - Emancipation **14th - States must give Equal Protection & Due Process** 15th - Minority male voting rights 19th - Female voting rights 24th - No poll taxes

14TH AMENDMENT

“NOR DENY TO ANY PERSON WITHIN ITS (STATE) THE EQUAL

PROTECTION OF THE LAWS”

-EP does NOT require equality -EP requires when Gov’t treats SOME groups differently it must have reasons to do so!

Read that again!3. Equal Protection (EP)

Race

National Origin

Compelling Reasons Strict Scrutiny

Gov’t most always loses! Loss….Brown v. Board Only win…Korematsu - WWII

Gender

Strong Reasons Intermediate Scrutiny

Income

Age

Mental Capacity

We’ll get to LGBT…

Reasonable Reasons Rationale Scrutiny

3. Equal Protection (EP)

Compelling Reasons

Strict Scrutiny

3. Law - Race as a factor for determining admittance

4. Law - Syrian Refugees held to higher standard to immigrate.

Strong Reasons

Intermediate Scrutiny

6. Law - Draft for males 18+

Reasonable Reasons Rationale Scrutiny

7. Law - Higher taxes for higher incomes

1. Law - Government military schools for boys only

2. Law - Separate Juvenile Justice System 5. Law - Rape law

for men of women

4. Rights for Minorities ! 1860s - Civil Rights Amendments ! 13th, 14th, 15th Amendments passed, but not

realized by many…especially in South

! Late 1800s - 3 ways these Amendments are denied - Dual Federalism Era.

! 1. Jim Crow Laws - de jure Segregation - by law

! 2. Civil Rights Cases- Private business is not gov’t. Can deny rights.

! 3. Plessy v. Ferguson ! Gov’t “Separate but equal”

Doctrine ! Segregation supported

! Voting Barriers Emerge ! White Primary - Parties not apart of govt. No black voting. ! Grandfather Clause ! Poll Taxes ! Literacy Tests

! Brown v. Board of Ed. Topeka (1954) (1) ! Overturns Plessy v. Ferguson - Segregation violates 14th Am.

3. Early 1900s - More of the same

4. Mid 1900s - 1950s Beginning of change....

The Court saw significant differences of separate not being equal leading to BvB

decision

! De facto —occurs because of historical factors + residential racial patterns

! How do we solve de facto segregation? ! Mandatory busing. ! Open Enrollment. ! Upgrading inner city schools. ! Charter Schools.

Brown v. Board (2)…..Desegregation of schools “with all deliberate speed!!”

Remember the Titans clips

End Lecture 1

1. What are Civil Rights? What Amendment primarily sets up these rights?

2. Civil Rights Amendments3. 3 Ways that Civil Rights were denied in

the late 1800s4. Brown v. Board - Outcome and

importance5. De facto segregation and problems it created

for BvB (2)

Begin Lecture 2

(© AP/Wide

5. Modern Civil Rights Movement!Civil Disobedience

Martin Luther King

! Gandhi’s influence

! sit-ins, boycotts, marches

! Birmingham Letter from Jail explaining his rational for civil disobedience in the face of unjust laws of segregation

! TV of violence against MLK gains support as they promote non-violence.

! How special!? ! Bakke

! Minority quotas ! HELD - can’t have quotas as race is only factor

! Bollinger ! Race CAN be a factor in consideration, ! but not the determining factor…..????

! More states now outlaw A-A.

6. Affirmative Action - special consideration to minorities in education & hiring.

Leveling the playing field or reverse discrimination?

Tough to meet strict scrutiny

!Civil Rights Act of 1964 ! Outlaws Segregation

!Voting Rights Act of 1965 !ALL minorities right to vote

Current Issue - Voting IDs - Do they discriminate against minorities and the poor?

Liberals - NO ID laws Why?

Conservatives- ID laws Why?

7. Federal Laws

End Lecture 2

Title IX should set off some bells and whistles in your head….sports people speak up!

Begin Lecture 3

8. Rights for Women

!19th Amendment (1920) ! “The right of citizens....to vote shall not be denied or

abridged....on account of sex.”

! Lilly Ledbetter Fair Pay Act...$.59 to $.80 today

! Title IX ! Balanced sport opportunities in HS and college & ! women in law and medical schools (more important!)

% earned to men

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Scholarship offerings must balance…. Even same sports may have more female scholarships that men.

9. Rights for Gays and Lesbians

(PHOTO: The rainbow flag is a symbol of gay and lesbian rights, and waves in front of the U.S. Capitol dome during the 2009 Equality March Across America. Richard Clement/Newscom)

Law and Marriage Gov’t promotes marriage with tax benefits.

Q -Can Fed Gov’t outlaw same sex marriages that would deny these benefits?

Windsor (2013) - NO! Federal Govt cannot deny benefits nor define marriage. Used ____ Amendment

Q- Can states outlaw s-s marriage?

Obergefell (2015) NO! ALL marriages legal & must have access to fed & state benefits. Not Reasonable to deny. Uneasiness? Lowest hurdle for LGBT?

1. Equal Protection!

2. Voter ID

3. Gender Rights - Title IX and Lilly Ledbetter

4. Holdings in Windsor and Obergefell

5. Affirmative Action - What is it?

6. What does Baake say about A-A?

End Lecture 3

Review 1. What Amendments set up providing civil rights to minorities? 2. ID 3 ways in which groups tried to stop those civil rights from the

Amendments from being realized. 3. How have schools and cities tried to desegregate schools since

Brown v. Board? 4. Besides US Supreme Court cases and Amendments give one other

example of how civil rights have been supported by American Government.

5. Malcolm X was to the Black Power Movement as MLK jr. was to ______.

6. What impact has Title IX had on sports in the US? 7. How have s-s couples been denied rights? 8. What about the Obergefell case left some in the LGBT community wanting more from SCOTUS?9. What federal law attempts to provide equality among the genders in sport? 10. What case negated the power of the federal government to outlaw same sex marriage?

11. Affirmative Action A. What is affirmative action? B. What did Bollinger say about A-A