V - Civic Rights & Public Policies Flashcards
Civil Rights
Protections for individuals & groups from discrimination by gov’t or other individuals
Civil Liberties
Constitutional protections against the gov’t
The word “equality” was not mentioned in the Constitution until
1868
Constitution implied equality because
the rights listed were not denied to one group
14th Amendment
Forbids states from denying “equal protection of the laws”
Equal protection clause
Has often been used to support the advancement of equality
Courts have developed tests/ standards to
evaluate whether a law violates the equal protection clause
A law must be reasonable
Law must not be arbitrary & reflect legitimate gov’t purpose
Inherently suspect
Classifications based on race & ethnicity are seen as inherently suspect
A law that is inherently suspect must be proven by
A compelling public interest
Demonstrate no other way to achieve the legitimate purpose of the law
A law that is intermediate scrutiny must
discriminate based on gender that have a lower standard to meet
Intermediate scrutiny law example
Law that only draft is constitutional
American slavery
Lasted nearly 250 years in America
In chattel slavery, slaves were considered to be
Properties
Dred Scott v Sanford (1857)
Slaves were property with NO legal right under the Constitution
13th Amendment (1865)
Banned slavery in US states & territories
Era of Reconstruction (1865-1877)
Temporary progress towards racial equality for African Americans
14th Amendment
States must protect rights & provide “equal protection of the law” & “due process”
Declared all persons born in the US as citizens
15th Amendment
universal male suffrage
Right to vote could not be denied “on account of race, color, or previous condition of servitude”
Reconstruction officially ended in
the election of 1876
The court has at times
Allowed the restriction of civil rights
In the south, Jim Crow laws
legalized racial segregation
De jure segregation
Segregation mandated by law
De facto segregation
Segregation exists, not required by law
De facto segregation occurred
largely in the north
Until WWII, segregation was enforced by the federal gov’t in
the military
Civil Rights Cases (1883)
14th amendment did not prevent private businesses or individuals from racial discrimination
Plessy v Ferguson (1896)
Segregation was not unconstitutional
“separate but equal”
Truman EO 9981
Desegregate the armed forces
Brown vs BoE I (1954)
Ruled that race based school segregation violated the 14th amendment’s equal protection clauses
Reversed “separate but equal”
Brown vs BoE II (1955)
Public schools must desegregate “with all deliberate speed”
Civil rights movement utilized
sustained non-violent disobedience to force change
Television
Helped support for the movement
Civil Rights Act of 1964
Discrimination by private business, state, or local gov’t is illegal
Can’t discriminate in pubic accommodation and/or in employment
Civil Rights Act of 1964 established the
Equal Employment Opportunity Commission that banned discrimination in employment & investigated violations
15th Amendment (1870)
guaranteed voting rights to black MEN
What methods were used to prevent black men from voting?
Literacy tests Poll taxes Grandfather clauses White primary Violence/ intimidation
24th Amendment (1964)
Outlawed collection of poll taxes
Voting Rights Act (1965)
Ended efforts to prevent African Americans from voting in the south (literacy test banned)
Can’t deny vote to a citizens because of race
Enforced by federal officials
Native Americans
oldest minority group
Dawes Act of 1887
Banned Native American religions, required children to go to boarding schools (policy of assimilation)
Indian Citizenship Act of 1924
Granted citizenship and right to vote
American Indian Movement fought discrimination
Latinos (Hispanic Americans)
Largest minority group
Hernandez v Texas (1954)
Texas can’t stop Hispanics from serving on juries
Present-day immigration issue
Undocumented immigration
Immigration policy
Asian Americans
Also faced various forms of discrimination
Chinese Exclusion Act (1883)
1st major restriction on immigration- race based
Korematsu v US (1944)
Internment of over 100,000 Japanese American was constitutional
Arab Americans & Muslims
Faced increased discrimination following 9/11
Seneca Falls Declaration of Sentiments (1848)
Led by
19th Amendment (1920)
Granted women’s suffrage
Post 19th Amendment (1920-1960)
Divergent goals of movement
Equality in workplace
Social feminist advocated for morality in public life
Equal Rights Amendment (1923)
Views by some as threat to family
Second Feminist Wave
Revitalized women’s movement grew during 1950’s, 1960’s
Betty Friedan
Created National Organization for Women
Campaigned for Equal Rights Amendment
Equal Rights Amendment
fell 3 states short of ratification in 1972
Civil Rights Act of 1964
Prohibited emplotment gender discrimination
Equal Pay Act of 1963
Made it illegal to pay men & women different wages if they perform equal work in same workplace
Title IX of Education Act of 1972
Bans gender discrimination in education programs receiving federal money (including athletics)
Sexual Harrassment
Prohibited by Civil Rights Act of 1964
Retaliation by employers is illegal
Women in military
Serve in all branches of military
Only men are required to register for the draft
14th Amendment’s equal protection clause
Used to fight discrimination
Graying of America
Some protections against age discrimination
Americans with Disabilities Act (1990)
Mandated “reasonable accommodations” to be made for access to public facilities
Prohibited employment discrimination against the disabled
Stonewall Riots (1969)
Gave rise to modern gay rights movement
Bowers v Hardwick (1986)
Ruled that states could legally forbid sex between same sex couples
Lawrence v Texas (2003)
States can’t forbid private sexual conduct since this is a violation of right to privacy
“Don’t ask, don’t tell” policy ended in
2011
Obergefell v Hodges (2015)
Same sex couples have a constitutional right to marry
Affirmative Action
Giving priority to groups who were previously discriminated against
Goal of Affirmative Action
Increase opportunities
Why is Affirmative Action controversial?
Considered “reverse discrimination”
Regents of University of California v Bakke (1978)
UC Davis had quotas for number of disadvantaged groups to be admitted
Court ruled that racial quotas are unconstitutional
But race can be used as a criterion for admission
California Proposition 209
Banned state affirmative action programs
14th Amendment’s requirement that no state denies the “equal protection of the laws” has allowed for
substantial progress to be made in the realm of civil rights
Protecting & enforcing civil rights has led to a large increase in the
Power & size of gov’t
What legislations has increased the power & size of gov’t?
14th Amendment
Brown v Board of Education
Civil Rights act of 1964
Voting Rights Acts of 1965