What Are Civil Rights and How Do We Identify Them? Flashcards
civil rights
guarantees by the government that it will treat people equally—particularly people belonging to groups that have historically been denied the same rights and opportunities as others.
The due process clause of the Fifth Amendment to the U.S. Constitution enacted what?
the Declaration of Independence’s proclamation that “all men are created equal”
equal protection clause
states, in part, that “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
When may the government treat people unequally?
when unequal treatment is necessary to maintain important governmental interests such as public safety.
civil liberties
limitations on government power designed to protect our fundamental freedoms.
How must the constituion be applied?
On an equal basis
The Supreme Court’s interpretation of the Equal Protections Clause
“all persons similarly circumstanced shall be treated alike.”3 If people are not similarly circumstanced, however, they may be treated differently.”
How does the gov decide if discrimination is lawful
In most cases when the courts are deciding whether discrimination is unlawful, the government has to demonstrate only that it has a good reason to do so. Unless the person or group challenging the law can prove otherwise, the courts will generally decide the discriminatory practice is allowed.
rational basis test
as long as there’s a reason for treating some people differently that is “rationally related to a legitimate government interest,” the discriminatory act or law or policy is acceptable.
Discrimination based on gender or sex is generally examined with what?
with intermediate scrutiny.
What does examining with intermediate scrutiny require?
It requires the government to demonstrate that treating men and women differently is “substantially related to an important governmental objective.”
What burdern does intermediate scrutiny put on the
to demonstrate why the unequal treatment is justifiable, not on the individual who alleges unfair discrimination has taken place. In
what does intermediate scrutinty look like in practice?
place. In practice, this means laws that treat men and women differently are sometimes upheld, although usually they are not.
Discrimination against members of racial, ethnic, or religious groups or those of various national origins is reviewed to the greatest degree by the courts, which apply the _______ standard in these cases.
strict scrutiny
How is the burden of proof on the gov under strict scrutiny
to demonstrate that there is a compelling governmental interest in treating people from one group differently from those who are not part of that group—the law or action can be “narrowly tailored” to achieve the goal in question, and that it is the “least restrictive means” available to achieve that goal.9 In other words, if there is a non-discriminatory way to accomplish the goal in question, discrimination should not take place.
Strict Scrutiny now vs in history
In the modern era, laws and actions that are challenged under strict scrutiny have rarely been upheld. Strict scrutiny, however, was the legal basis for the Supreme Court’s 1944 upholding of the legality of the internment of Japanese Americans during World War II, discussed later in this chapter.
affirmative action
consists of government programs and policies designed to benefit members of groups historically subject to discrimination.
Most of the controversy surrounding Affirmative action
Much of the controversy surrounding affirmative action is about whether strict scrutiny should be applied to these cases.
The rest of the world compared to the US at the time of the writing of the constitution
More discrimitory then in todays time, but less discriminatory compared to the rest of the world
The aftermath of what marked a turning point for civil rights?
The aftermath of the Civil War
Why did The aftermath of the Civil War marked a turning point for civil rights.
The Republican majority in Congress was enraged by the actions of the reconstituted governments of the southern states. In these states, many former Confederate politicians and their sympathizers returned to power and attempted to circumvent the Thirteenth Amendment’s freeing of enslaved men and women by passing laws known as the Black codes. To override the southern states’ actions, lawmakers in Congress proposed two amendments to the Constitution designed to give political equality and power to formerly enslaved people.
Can new civil rights issues emerge with time?
yes
We can identify true discrimination by applying the following analytical process:
- Which groups? First, identify the group of people who are facing discrimination.
- Which right(s) are threatened? Second, what right or rights are being denied to members of this group?
- What do we do? Third, what can the government do to bring about a fair situation for the affected group? Is proposing and enacting such a remedy realistic?
The longest and greatest struggle for rights was by whom?
African Americans