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”