Civil Rights & the Constitution

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Civil Rights = Providing equality to groups that have historically been subject to discrimination. The question is NOT whether government can treat people of different races, ethnicities, genders differently. . . But it is whether such differences in treatment are REASONABLE . - PowerPoint PPT Presentation

Transcript of Civil Rights & the Constitution

Page 1: Civil Rights & the Constitution
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Civil Rights Civil Rights = Providing equality to groups that have historically been subject to discrimination.

The question is NOT whether government can treat people of different races, ethnicities, genders differently. . . But it is whether such differences in treatment are REASONABLEREASONABLE.

Historical examples:a. Native Americansb. Japanese-Americansd. Women entering med school in the ‘20’se. Rich people get taxed more than poor people.

Generally, classifying people on the basis of race or ethnicity is deemed unreasonable - “SUSPECT CLASSIFICATIONS”

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Civil Rights & the Constitution Who was included in our early views of equality?

The original Constitution is a plan of government, not a guarantee of individual rights. It does ensure that:

1) Gov’t does not discriminate against us2) Gov’t protects us from interference by

private individuals.

The Framers referred to these rights as “NATURAL “NATURAL RIGHTS”RIGHTS” – the rights of all people to dignity & worth.

Today they are called HUMAN RIGHTS.HUMAN RIGHTS.

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Equality ….What is it exactly?Equality OF:

Freedom “to” and Freedom “from” unless it compromises someone else’s rights

Equality of opportunity – all can go for it…..this, of course, also means competition will exist.

Equality of Outcome Equality of Outcome - i.e., Affirmative Action - not just a boost but Gov’t has an obligation to promote minority development….blacks, Hispanics, females, etc. Discrimination is opposite of affirmative action.

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“Equality” is not even mentioned in the original Constitution. The first mention is in the 14th Amend. - All will have “equal protection” under the law unless there is a “compelling public interest” to discriminate.

So….. . . to right a past wrong, you may have to discriminate!

Equality ….What is it exactly?

Equal Justice - not equal results or equal rewards. . .the Constitution does NOT intend to provide equal

condition. . . just equal opportunity

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JUDICIAL STANDARDS OF REVIEW:1.1. ReasonableReasonable classifications are okay.

There is some rational relationship to a legitimate government purpose. (e.g., retirement age)

2. Racial & ethnic classifications are inherently suspect.

Presumed invalid & upheld ONLY if there is a compelling government interest

3. Gender classifications – medium scrutiny Must be a “substantial” relationship with a

legitimate government purpose

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AFRICAN AMERICAN ISSUESERA OF SLAVERY / ERA OF RECONSTRUCTION

13th Amendment prohibits slavery – 1865 overturned Dred Scott v. SanfordDred Scott v. Sanford

14th Amendment–1868 Equal protection; citizenship

15th Amendment - Right to vote for MEN (1870)

FREE MEN VOTE! BUT, society did not transform as quickly.

Civil War economic issues were resolved morequickly than the racial conflict issues.

Segregation and White Supremacy prevailed. Reconstruction ended in 1877 w/ Whites in control of

the “New South,” and blacks were left to Jim Crow Jim Crow Laws that preached a separate society.

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Segregation and White Supremacy prevailed: Plessy v. Ferguson – separate but equal doctrine Voting discrimination – how? Housing discrimination Job discrimination Discrimination in accessibility to public accommodations

NAACP formed in 1910 – how does it work? During WWI & WWII eras, Great Migration -

Blacks migrated north to the cities and their sheer numbers (6 million) became a political force as middle class became accessible

During WWII. . . judicial relief sought Truman started integration of the military Ike integrated Fed Bureaucracy

AFRICAN AMERICAN ISSUESAFRICAN AMERICAN ISSUESERA OF RECONSTRUCTION……ERA OF RECONSTRUCTION……

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AFRICAN AMERICAN ISSUESERA OF CIVIL RIGHTS

1950’S - BLACKS SEEK POLITICAL MUSCLE:

MLK, Jr., using the First Amendment - freedom of petition sought relief via civil disobedience white supremacists responded

with fire hoses and police brutality Congress dragged its feet w/ a

Southern Senatorial block, so Executive and Judicial branches responded. Brown v. Board of Education

(1954).

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Segregation by law - “de jure segregation” was unconstitutional.

But “de facto segregation”- segregation by choice or reality- still prevailed … until Swann v. Charlotte

Mecklenburg Board of Education 1971

where the SC ruled that schools will re-district to end segregation via BUSING, a very unpopular device to integrate

AFRICAN AMERICAN ISSUES

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Rosa Parks & Montgomery Bus Boycott (1955) Little Rock 9 school integration ’57 Lunch counter sit-ins ’60; Freedom Riders ‘61 Birmingham March/riots 1963:

JFK FINALLY promoted civil rights legislation March on Washington 1964 Civil Rights Act of 1964

TRIBUTE to JFK; enacted after death No discrimination in schools, workplace, public

accommodations Selma March; Voting Rights Act of 1965 The “New Direction” by the mid-60’s

SNCC, Black Power, Malcolm X, Black Panthers Long, Hot Summers of 1965-1967: Watts, Detroit, Harlem

WHAT WERE SOME EVENTS/STRATEGIES IN THE CRM?

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Only 70 blacks held elected office in 1965 Sent federal registrars into South to register blacks Voting Rights Act outlawed methods used by states to

deny the vote to blacks: poll taxes (24th Amendment) white primaries grandfather clauses literacy tests gerrymandered districts.

Still not enough minorities getting elected so legislature encouraged “minority v. majority” districts that promoted minority electorates . . .

But Shaw v. Reno, Bush v. Vera and other cases have condemned the design of districts using race as the predominant factor.

Voting Rights Act of 1965

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OTHER MINORITIES

African Americans’ push for civil rights benefited other minorities

Native Americans – citizenship; right to vote in 1924

Hispanic Americans – largest minority Over 400 million; over half are Mexican-Am. 3 million Cubans; 1 million Puerto Ricans Political clout rising

Asian Americans – fastest growing minority Internment camps WWII; Korematsu v. U.S.

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WOMEN’S ISSUES Equality > Privacy > Harassment > Choice

Push for the Vote: Seneca Falls Convention, 1848 Lucretia Mott, Elizabeth Cady Stanton Gain political equality - 19th Amendment (1920)

Period of the “Doldrums” from 1920-60; why? Tried to get an ERA; unsuccessful Will fall short in 1987 as well

Second Feminist Wave – 1960’s & 70’s Betty Freidan, The Feminine Mystique NOW organized Gloria Steinem

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JUDICIAL DEVELOPMENT: A “paternal” court protected women until the

1970’s, but the feminist movement feminist movement went from a social to political to judicial movement and the courts responded.

Reed v. ReedReed v. Reed 1971- 1971- 1st time SCOTUS applied 14th Amendment to a

classification by gender. SCOTUS overrules Idaho holding that men are

preferable as administrators of estates. “Medium scrutiny” standard – gender discrimination will

be presumed to be neither valid nor invalid

WOMEN’S ISSUES

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Can women be drafted? No. . . Rostker v. Goldberg 1981 - SCOTUS will give “great

deference” to Congressional policy. SCOTUS said that women not “similarly situated” for

purposes of draft since not allowed to serve in combat. BUT…..as of Jan. 2013, women ARE now allowed to serve in

combat so……????

COMPARABLE WORTH: Equal work / equal pay. Civil Rights Act of ‘64 + ‘72 banned gender

discrimination in hiring, firing and compensation But, courts still quiet on this issue Women still earn as much as 70% less than their

male counterparts in the private sector.

WOMEN’S ISSUES

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WOMEN’S ISSUES Legislative Victories in the work Legislative Victories in the work

place:place: Civil Rights Act of 1964Civil Rights Act of 1964 EEOC – power to sue employers

suspected of illegal discrimination

Title IX of Ed. Act of ’72: no gender discrimination in federally subsidized programs…including athletics

More than 2/3 of American mothers with children below school age are in the work force today.

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As women have moved into the workplace, women's issues now have evolved into sexual harassment cases

SEXUAL HARASSMENT guidelines: Laws violated when workplace

environment would be “reasonably perceived as as hostile or abusive.”

Employers can even be held liable for harassing acts of their supervisory employees that violate clear policies and of which top management has no knowledge at all.

Faragher v. City of Boca RatonFaragher v. City of Boca Raton (1998) (1998)

WOMEN’S ISSUESSEXUAL HARASSMENT

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WOMEN’S ISSUESCHOICE

Pro-life v. pro choice: ROE V. WADEROE V. WADE was, according to SCOTUS, a

privacy issue, not when life begins. Opponents say No

Hyde Amendment followed, restricted fed funds to lower income women if mother not in danger.

SCOTUS has given states leeway in controlling/regulating abortions so long as there is no undue burden….

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Affirmative Action Affirmative action is moving beyond equal

opportunity to equal results--providing compensation to a discriminated group.

Efforts to bring about increased employment, promotion, or admission for members of discriminated groups

Federal government mandate to all state and local governments, and all institutions that received aid from or contracted with the federal government

Results have provoked reverse discriminationreverse discrimination charges: Regents of U of California v. Bakke. Bakke denied admittance on race although he had higher

test scores. SCOTUS favored Bakke, no more quotasno more quotas, but race can be a

factor in the selection process.

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Affirmative Action University of Michigan Cases

In both U of MI cases, merit was not deciding factor Both applicants rejected for minorities with lower GPA’s

and test scores Gratz v. Bollinger, 2003Gratz v. Bollinger, 2003

Undergrad admissions process automatically gave 20 out of 100 points to minorities….even more points than they gave for academic excellence, leadership, etc.

6-3 ruling that Gratz’s rejection was result of race based quota policy prohibited by 14th Amendment

Grutter v. Bollinger, 2003 U of MI law school used race as one of many factors for

determining admission This practice upheld; Grutter’s rejection upheld

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Civil Rights QuestsCivil Rights has moved into a variety of arenas:

a. Age discrimination + mandatory retirements. Rationale basis test.

b. Youth Tests-- Can you divorce your parents. . .Can you pick your legal guardians?

c. Disabled Americans - Americans w/ Disabilities Act of 1990 (ADA)- prohibits discrimination- requires “reasonable accommodations” (federal mandate)- but…who is disabled? AIDS victims? Eye glass wearers. .

d. Gay + Lesbian Rights – from right of privacy to hate crimes to the Boys’ Scouts ….