Download Chapter 5 Civil Rights Notes - Redlands Unified School District

Review Chapter 4 Civil Liberties
INCORPORATION DOCTRINE
Most provisions of the Bill of
Rights now also apply to the
state and local governments
• Under the original understanding of the
Constitution, the power of the states was not
limited by the Bill of Rights.
• States COULD restrict freedom of speech, search
without warrants, and deny trial by jury, just to name
three examples.
• The ratification of the Fourteenth Amendment in 1868
did not change this understanding.
Incorporation Doctrine?
Evolution of Incorporation
• 1833 Barron v. Baltimore - Bill of Rights applied only to the
federal, but not any state governments.
• 1867 – 14th Amendment
• 1876 United States v. Cruikshank - held that
the First and Second Amendment did not apply to state
governments.
• 1920s, a series of United States Supreme Court decisions
interpreted the 14th Amendment to "incorporate" most
portions of the Bill of Rights, making these portions, for the
first time, enforceable against the state governments
• TOTAL (ALL AMENDMENTS) vs. SELECTIVE (SOME)
1925 Gitlow v. New York
Chapter 5
Civil Rights & Public Policy
Defining Civil Rights
A. Civil Rights- basic rights that often must be protected
through policy against discriminatory treatment by
individuals and/ or government officials or institutions
B. Equality debates traditionally have centered around
discrimination by:
1.
2.
3.
Race
Gender
Age, disability, sexual orientation, etc.
Perceptions of Equality
A.
Conceptions of Equality
1.
2.
3.
B.
Philosophically – definitions
Constitutionally – interpreting laws
Politically – involves power
Early views of Equality
1.
C.
First beliefs in American equality is in white male landowner equality
Constitution & Equality
1.
14th Amendment addresses EQUALITY for the FIRST & ONLY TIME
a)
No state shall deny any person life, liberty or property without due
process of law
b)
No state shall deny any person equal protection under the law
D. Congressional interpretation = “equal protection of life,
liberty, and property,” NOT everyone must be treated same
Amendment XIV
Section 1.
• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the
laws.
Section 2.
• Representatives shall be apportioned among the several states according to their respective numbers, counting
the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice President of the United States, Representatives in
Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any
of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any
way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be
reduced in the proportion which the number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such state.
Section 3.
• No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold
any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as
a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an
executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a
vote of two-thirds of each House, remove such disability.
Section 4.
• The validity of the public debt of the United States, authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither
the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
Section 5.
• The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
How do the courts determine whether a classification in a law or regulation
is permissible or violates the equal protection clause?
- Court ruled that classifications must be reasonable and bear rational relationship to a
legitimate government purpose (Example: age classification – its okay to say people under
18 cannot vote).
Race, The Constitution and Public Policy
A. The Era of Slavery
1.
Dred Scott V. Sanford (1857) – C.J. Taney
a)
b)
2.
Black men (slave or free) have no rights, are not citizens and are
property; cannot gain freedom by going to free states
Congress also has no right to ban slavery in western territories;
invalidated Missouri Compromise
13th Amendment – Ends Slavery
The Era of Reconstruction and Resegregation
1.
Amendments
–
–
–
2.
Congress and Presidents set strict polices for the south
–
3.
The first ten years allowed many blacks into elected offices
1876 Election- Rutherford Hayes promises to pull troops from
the South to get elected  End of Reconstruction
–
4.
13th Amendment abolishes slavery & involuntary servitude
14th Amendment – equal protection & citizenship
15th Amendment – Right to vote cannot be denied due to race, color
or previous servitude
Decline in civil rights and increase in Jim Crow laws
1896 Plessy v. Ferguson- Separate but Equal
Dissenting Opinion: "I am of opinion that the statute of
Louisiana is inconsistent with the personal liberty of
citizens, white and black, in that state and hostile to both
the spirit and letter of the Constitution of the United
States."
The Era of Civil Rights
1.
1954- Brown v. Board of Education – Segregation is inherently
unequal (14th amendment)
…“with all
1955 – Rosa Parks sparks Civil Rights movement deliberate speed”
1957 – Pres. Eisenhower sent troops to Arkansas to integrate
school
1964- Civil Rights Act- Segregated schools lost funding
2.
3.
4.
i.
ii.
iii.
iv.
v.
Racial discrimination illegal in public accommodations
Discrimination in employment prohibited
Creates Equal Employment Opportunity Commission (EEOC)
Withholding of grants to discriminators
Initiate lawsuits to stop segregation
de jure v. de facto segregation
5.
6.
1968 – MLK assassinated
1969- Alexander v. Board of Education – Delays in
desegregation are “no longer tolerable” (15 years)
1971- Swann v. Charlotte-Mecklenberg County Schools –
Busing to achieve racially balanced schools allowed
Some segregation is caused by geography, and where
people settled
7.
8.
i.
ii.
De jure – segregation “by law”
De facto – “in reality”; people settled in with similar races causes
this
Getting and Using the Right to Vote
1.
2.
First voters were white, male and property holders
15th Amendment (1870) – Guarantee of suffrage to African
Americans
i.
Prevention of vote
a.
b.
c.
Grandfather Clause – If a person’s grandfather voted
in 1860, they were exempt from literacy test. (1915 –
Guinn v. US – Unconstitutional)
Poll Tax – Sharecroppers can’t afford to vote ( 24th
Amendment Prohibits 1964)
White Primary – Blacks aren’t allowed in important
primaries (1944-Smith v. Allwright –
Unconstitutional)
Voting Rights Act of 1965
1.
2.
3.
4.
Govt. could not use voting procedures that denied a person the
vote on the basis of race or color
Abolished the use of literacy tests for anyone that passed 6th
grade.
Areas w/ history of discrimination had federal election officials to
oversee election and approve any changes in voting laws.
1982 – could not draw district lines to benefit one group
(Gerrymandering) – upheld in 1986 Thornburg v. Gingles
Other Minority Groups
1.
2.
3.
4.
Minority Majority – Minorities groups will outnumber
Caucasians
Hispanic Americans – the largest minority
Native Americans – Given citizenship in 1924
Japanese – 1944 Korematsu v. US – Upholds internment
(Their duty as citizens in war)
Women, The Constitution, and Public
Policy
A. The Battle for the Vote
1.
2.
1848 – Seneca Falls Declaration – Says men are tyrannical
against women
19th Amendment: 1920 – women gained suffrage
The “Doldrums:” 1920-1960
1.
2.
Equal voting rights did not mean equality
The feminist movement lost momentum after the
19th Amendment, because it was the primary
common goal
Many laws protected women from overtime, or
long hours
Equal Rights Amendment, introduced 1923,
passed Congress 1972 but not ratified ¾ states
3.
4.
–
Equal rights not denied based on sex
a state or
period of
inactivity,
stagnation, or
depression
The Second Feminist Wave
1.
The Feminine Mystique by Betty Friedman published:
1963
1.
2.
3.
Women question traditional roles
National Organization for Women forms – NOW
Reed v. Reed – 1971 - Gender classification for laws
violates 14th Amendment (first case on gender
discrimination)
The Second Feminist Wave
5.
Arizona Governing Committees v. Norris - Prohibit a law
that gave women smaller monthly retirement plans
because they live longer
6.
Men Seek Equality – Court prohibits:
i.
ii.
iii.
iv.
Alimony to women only
Nursing school to women only
Higher drinking age for men
Higher age to be legal adult
Women in the Workplace
1.
2.
3.
4.
5.
59% of adult women work (60 million) vs.
12 million stay at home moms
Civil rights Act of 1964 banned gender discrimination in
employment
Equal Employment Opportunity Commission can sue
employers who discriminate
Title IX of the 1972 Education Act – forbids discrimination in
federally funded education programs
Pregnancy Discrimination Act 1978 – employers must give
maternity leave
Wage Discrimination and Comparable Worth
1.
2.
Median annual earnings for fully employed women is 2/3 of
men’s
Clearance Pedleton calls comparable worth “the craziest
ideas since Looney Toones,” because it interferes with a free
market
Women in the Military
1.
2.
3.
4.
Women make up 11% of the armed forces
Women’s Army Corps, women accepted for voluntary
emergency services in the Navy, and nurses
Carter wanted men and women treated equally, even
in the draft, Congress turned it down.
Rosker v Goldberg – all male draft is legal
Sexual Harassment
1.
2.
3.
4.
“Sexual harassment is so pervasive as to create a hostile
or abusive work environment is a form of gender
discrimination” Supreme Ct.
Male dominated careers (i.e. military) are often more
inclined to harassment
Faragher v. City of Boca Raton – even if a supervisor is
not involved, they are liable for their employees actions
Oncale v. Sundowner Offshore Services – Same sex
harassment is also illegal
Newly Active Groups under the
Civil Rights Umbrella
A.
Civil Rights and the Graying of America
1.
2.
3.
B.
The largest age group is the baby boomers
1975 Civil Rights Law denies funds to institutions discriminating
based on age
1978 Employment Act changed the retirement age to 70
Are the Young Disadvantaged, too?
1.
Walter Polocvhak, ran away when parents tried to take him
back to Ukraine, courts agreed w/ parents – turned 18 before
forced to
Civil Rights and the people w/ Disabilities
1.
2.
3.
4.
5.
Rehabilitation passed in 20’s to help WWI veterans
Rehabilitation Act of 1973 protects rehabilitated people from
discrimination
Education of all Handicapped Children – 1975 – entitles all
children, according to their ability, to free education
Americans with Disabilities Act – 1990 – public facilities must
make ‘reasonable accommodations’ for all
Bregdon v. Abbott – People w/ AIDS are protected by above
legislation
Gay and Lesbian Rights
1.
2.
3.
4.
5.
6.
1970’s – gay/lesbian activists demanded equal rights
Bowers v. Hardwich – 1986 – allows states to ban same
sex marriage and exclude from army
Hawaii allows gay marriage – leads to Def. of Marriage Act
– HI later repeals law
Romer v. Evans – SC voided a Colorado amendment which
allows discrimination toward homosexuals
Clinton’s Policy – “Don’t ask, don’t tell” – Now repealed
Currently, VT, NH, NJ, CT allow same sex civil unions; Iowa,
NY and MA allow marriage
Affirmative Action
A.
B.
C.
D.
E.
Aim to integrate historically disadvantaged groups
UC Regents v. Bakke – 1978 – race can only be one factor
when admitting, not only factor
United Steelworkers of America, AFL-CIO v. Weber – 1979 –
voluntary program that takes more African Americans than
whites is allowable
Adarand Constructors v. Pena – Federal programs that
classify people by race is unconstitutional
Proposition 209 (CA, 1996) – banned affirmative action
programs for any minority groups
1964 Civil Rights Act
- one of the major achievements of
the Kennedy-Johnson administration
- outlawed discrimination based on
race, color, religion, sex, or national
origin: in voting, employment, and
public services, such as
transportation.
- Originally created to protect the
rights of African Americans, the bill
was amended prior to passage to
protect the civil rights of everyone,
and specifically included women for
the first time
Which issue?
Supreme Court Case?
Regents of the University of
California v. Bakke
• 1978 - landmark decision of
the Supreme Court on
affirmative action.
• Prohibits quota systems in
college admissions
• Allows affirmative action
programs giving an advantage
to minorities
• Bakke was admitted to the
medical school at UC Davis
Adarand v. Pena 1995
• Case by case basis
• race is not a sufficient
condition for a
presumption of
disadvantage
• proof of past injury does
not in itself establish the
suffering of present or
future injury
• 1996 - California voters approved Proposition 209, an
initiative that ended affirmative action throughout the
state in public hiring, purchasing, and other
government business.
Voting Rights
Voting Rights Act of 1965
• Signed by Johnson
• authorized federal examiners to register
voters and expanded black suffrage by
suspending literacy tests for voting
24th Amendment
• ratified in 1964, outlawed the poll tax in
federal elections
• A 1966 Supreme Court decision later struck
down the poll tax in all elections
* All of these measures more than tripled the
number of registered black voters in the
South.