Civil Rights and Public Policy Chapter 5 I. Introduction Civil Rights: Definition: Policies designed to protect people against arbitrary or discriminatory treatment based on certain characteristics in such settings as employment, schools, access to voting, transportation, etc. Types of Discrimination: Racial, gender, age, disability, sexual orientation, wealth and other factors More than just rights for African Americans Equality Conceptions of Equality Equal opportunity Equal results Declaration of Independence All men are created equal The Constitution 14 th Amendment, 1868 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. Equal protection clause II. African Americans Dred Scott v. Sanford, 1857 Scott sued for his freedom because he lived in free territory Court ruled that he was not free and had no standing to sue Court ruled that the African Americans were not citizens and the Constitution did not apply to them Later overturned with the 14 th Amendment that defined all people born in the US were citizens Justice Taney Dred Scott Civil War & Reconstruction Amendments 13 th Amendment Ended slavery 14 th Amendment Defined citizenship Equal protection and Due Process clauses At first, the SCOTUS did not use it to protect African American rights or to nationalize (incorporate) the Bill of Rights 15 th Amendment Granted all males suffrage regardless of race States soon found a way around its intent Mississippi Lasthe-last-amenderhe-last-amenderhe-supreme-court---the-voting-rights-acthe-supreme-court---the-voting-rights-act Voting Rights Act African American Suffrage Blocked despite the 15 th Amendment African Americans were not allowed to fully exercise it until the late 1960s Jim Crow de jure segregation Poll Tax Literacy Tests Grandfather clauses White Primaries Violence Plessy v. Ferguson, 1896 Homer Plessy sued after he was arrested for violating a Louisiana segregation law Argued that segregation was illegal under the 14 th Amendment Court ruled that "separate but equal" laws did not imply one race's inferiority to another Decision meant that not only private segregation could occur but so could state sponsored as well. Provided constitutional sanction for the adoption of the Jim Crow laws Brown v. Board of Education, 1954 Thurgood Marshall, NAACP Declared state laws establishing separate public schools for black and white students unconstitutional and ordered them to be integrated Overturned the Plessy case "separate educational facilities are inherently unequal." The Supreme Court was the institution most responsible for advancing the African American Civil Rights Movement Percentage of Black Students Attending School With any Whites in Southern States Civil Rights Movement Dr. Martin Luther King Jr. Montgomery bus boycott Birmingham March March on Washington Civil disobedience Woolworth sit-ins Freedom Summer Voting Rights Militant Movement Malcolm X, Nation of Islam, separatist Black Panthers Landmark Civil Rights Legislation 24th Amendment: (1964) Banned Poll Taxes Voting Rights Act of 1965 Banned Literacy Tests Allowed federal intervention in counties where voter registration was less than 50% Civil Rights Act of 1968 Banned racial discrimination in housing (steering) and mortgage lending. Civil Rights Act of 1964 Outlawed arbitrary discrimination in voter registration within the states (ended the white primary) 15th Amendment used to justify Congressional Action Made racial discrimination illegal in hotels, restaurants, and other public accommodation including government agencies ended Jim Crow laws Commerce Clause used to justify Title VII established the Equal Employment Opportunity Commission (EEOC), which forbid employment discrimination based on inherent characteristics (race, national origin, religion, gender) and established a standard of equal opportunity in employment. 14thAmendment equal protection clause used to justify LrVE&safe=activeLrVE&safe=active III. Women and Equal Rights Seneca Falls Convention,1848 beginning of womens rights movement Muller v. Oregon (1908) 10 hour work day limit for women 19 th Amendment, 1920 Womens suffrage Women had trouble using the 14 th Amendment to get Equal Protection under the law Reasonableness standard Allowed women to be treated different if there was some rationale basis for it, easy to do Craig v. Boren, 1976 Court abandoned rationality test for the heightened scrutiny test where classifying individuals based on gender must be related to an important government objective Equal Rights Amendment (ERA) 1972 Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex. did not pass Rostker v. Goldberg (1981) Court upheld the requirement men to register but not women for draft, ended ERA push Roe v. Wade (1973) womens freedom to choose abortion Civil Rights Act (1964) Title VII prohibits gender discrimination in employment, extended to sexual harassment Comparable worth equal pay for equal work Title IX provide equal funding for all programs that receive federal funding Women were allowed to enter all male military schools, VMI case Ratio of Pay between Women and Men in 2005 was 77:100 IV. Other minority groups: Homosexual Rights 1993 Dont Ask, Dont Tell gay rights to be in the military DADT policy ended in September, 2011 Bowers v. Hardwick (1986) law forbidding sodomy was constitutional Lawrence v. Texas (2003) law against sodomy action violated due process of 14 th Amendment life, liberty, and property Boy Scouts v. Dale (2000) Ruled that private organizations may discriminate (in this case the Boy Scouts denied homosexuals membership (revoked an Eagle Scout award and assistant scoutmaster was removed). Gay Marriage State issue, legal in some states Defense of Marriage Act (DOMA) prevents the Full Faith and Credit Clause in the Constitution making states recognize gay marriages US v. Windsor SCOTUS ruled that U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment.heterosexual Background Edith Windsor and Thea Spyer, a same-sex couple residing in New York, were lawfully married in Ontario, Canada in Spyer died in 2009, leaving her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses. She was barred and had to pay $363,053 in estate taxes. Obergefell v. Hodges, 2015 Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14 th Amendment. Requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. efending-your-wifeefending-your-wifeudgment-gayudgment-gay Rights for Older Americans Age discrimination illegal Age Discrimination in Employment Act raised the general compulsory retirement age to 70 AARP interest group large influence Rights for Disabled Americans 17% of Americans have a disability Rehabilitation Act of illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 gave all handicapped children free education Americans with Disabilities Act of 1990 protect disabled rights SC has somewhat limited this act Asian Americans Korematsu v. United States (1944) People of Japanese descent during WWII can be held in detention camps because of their ancestry all legal restrictions which curtail the CIVIL RIGHTS of a single group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can. Is racism/ sexism/ classism / ageism over? Ratio of Pay between Women and Men in 2005 was 77:100 V. Affirmative Action Definition: A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group in access to education or employment. A move towards equal results? Is this reverse discrimination? Do civil rights require the absence of discrimination OR require racial balance? Does this violate the equal protection clause? LBJ started the process through executive order in government contracts Regents of the University of California v. Bakke (1978) Bakke was denied admission to medical school at UC Davis twice despite having higher grades and test scores than every minority applicant Court ruled that strict quotas (like 10% of a class must be African American) are unconstitutional because it violates the 14 th Amendment equal protection clause Does not say affirmative action itself is unconstitutional Still, race can be a criteria for admission to a public institution because a diverse student body is a legitimate educational goal Gratz v. Bollinger & Grutter v. Bollinger, 2003 Two students Gratz (undergraduate in 1995) and Grutter (Law School in 1997) applied to the University of Michigan. Both were denied admission. The University admits that it uses race as a factor in making admissions decisions because it serves a compelling interest in achieving diversity among its student body. SCOTUS upheld using race in admission decisions but it required the school to change its undergraduate admissions program that awarded points to minority applicants The court held that a race-conscious admissions process that may favor "underrepresented minority groups," but that also took into account many other factors evaluated on an individual basis for every applicant, did not amount to a quota Male Affirmative Action Needed? Women in 2006 made up 56% of undergrads, up from 54.8% in 2000 There are more men than women ages in the USA, 15 million vs million Nationally, the male/female ratio on campus today is 43/57 VI. Summary Civil Rights and Democracy Constant pursuit of equality Equality favors majority rule. Suffrage gave many groups political power. Enforcing civil rights laws greatly increase the size and scope of government. EVERYONE will be a part of some minority group during their lifetime Practice Test Civil Rights 1. C 2. E 3. C Practice Test Civil Rights 1. C 2. E 3. C 4. B 5. D 6. B 7. E 8. D tice Test Civil Rights Practice Test Civil Rights 1. C 2. E 3. C 4. B 5. D 6. B 7. E 8. D 9. D 10. C 11. B 12. B Practice Test Civil Rights 1. C 2. E 3. C 4. B 5. D 6. B 7. E 8. D, SKIP 9. D 10. C 11. B 12. B, SKIP 13. A 14. C 15. A Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States politics. Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics: Brown v. Board of Education of Topeka, Kansas (1954) Baker v. Carr (1962) Regents of the University of California v. Bakke (1978) Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in U.S. politics. Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) All the equal protection clause All the Equal Protection Clause Brown v. Board of Education of Topeka, Kansas (1954) Ended Plessy v. Ferguson and the separate but equal doctrine Ordered schools to be integrated Baker v. Carr (1962) One man, one vote Gerrymandering, redistricting issues, equal population Regents of the University of California v. Bakke (1978) Affirmative Action issue Reverse discrimination Quotas are unconstitutional Led to controversies over Affirmative Action, Michigan cases, California Proposition 209 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Fifteenth Amendment to the United States Constitution, 1870 Despite the ratification of the Fifteenth Amendment, voter turnout among African American citizens was very low throughout the first half of the twentieth century. Over the past 50 years, civil rights policies have changed substantially, along with a significant increase in African American voter turnout. A. Explain how two measures taken by some states prior to the1960s affected voter turnout among African Americans. B. Facing discrimination at the voting booth, many African American citizens turned to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies. C. Choose one of the forms of participation you described in (b) and explain why it was effective in changing civil rights policies. Explain how two measures taken by some states prior to the1960s affected voter turnout among African Americans. Literacy tests. Poll taxes Grandfather clauses Dilution of voting strength through redistricting White primaries Election procedures (notification, access) Facing discrimination at the voting booth, many African American citizens turned to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies. Demonstrations/protests/public rallies/civil disobedience Organized interest-group activity (e.g., NAACP) Courts/litigation Boycotts Election activities other than votinc (campaigning, donating) Choose one of the forms of participation you described in (b) and explain why it was effective in changing civil rights policies. One point is earned for a correct explanation of why an alternative form of participation was effective in changing civil rights policies based on the response in (b). The response must explain how or why policy outputs or outcomes result from participation, including the following three elements: Participation Linkage mechanism Policy output or outcome Party Planning Committee Tuesday, be here Bring 2$ or 3$ for Papa Johns Pizza Bring drinks, chips, desserts sign up is coming around I will bring the entertainment: Judge Judy