Civil RightsUnit 7: The Judicial Branch, Civil Liberties, and Civil Rights

Civil Rights Movement (13th-15th Amendments)History of African American Civil Rights MovementOther Minority GroupsAffirmative Action

Civil Rights

Policies designed to protect people from arbitrary or discriminatory treatment by government officials or others

SourceGuaranteed by the Equal Protection Clause of the 14th Amendment.

“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.

Is it legal to discriminate in the

United States?

Discrimination

• Short answer: “Yes, it is.” • Long Answer: Discrimination just means to treat others differently. There are many situations where it makes sense and is legal to do so. • Age:(Minors vs. Adults)• Income: (Taxation purposes)•Handicapped: (Parking Places/Accessibility)

Equality

• First mention of equality in the constitution is in the 14th Amendment.•Definition: The law must apply to all citizens in THE SAME circumstances in the same way.• This does not mean that we can’t treat people differently. It means the distinctions we make must not be “arbitrary.”

The Civil Rights Movement

• The Civil War Amendments• 13th Amendment: Abolishes Slavery• 14th Amendment: Slaves are given citizenship, are provided due

process and equal protection, states must uphold the Constitution and Bill of Rights• 15th Amendment: People cannot be denied the right to vote

based on race or the fact they were once slaves.• Black Codes were state laws used to keep former slaves from

voting (literacy tests, poll taxes, registration laws, and white primaries)• Jim Crow laws were laws designed to segregate the races in

schools, public accommodations, etc.

Civil Rights MovementSupreme Court

President Congress

Plessy v. Ferguson (1896)Separate but Equal

Executive Order 8802No racial discrimination in defense industry and government offices

Executive Order 9981Desegregation of Military

Brown v. Board of Education (1954)Separate but Equal is unconstitutional.

Desegregation

Civil Rights Act of 1957Crime to prevent voting in federal

elections

Civil Rights Act of 1964Prohibits discrimination in employment

and in public accommodations.24th Amendment (1964)

Outlaws poll taxesVoting Rights Act (1965)

Federal registrars to register voters and outlawed literacy tests

Other Minority Groups

• Hispanic Americans• Unequal educational opportunities and language barrier has hampered progress• Civil Rights actions concentrates on health care for undocumented immigrants,

college admissions, and redistricting plans• Native Americans

• Mostly economic and social issues due to reservation life. Lack of organization for political power. Indian Gaming Act of 1988 has allowed for some economic booms

• Asian Americans• Chinese Exclusion Act (1882)• Interment camps. Originally deemed constitutional but overturned in Korematsu

v. US (1988)

Women’s Movement

• 19th Amendment (1920)- Right to vote• Equal Pay Act (1963)- Made it illegal to pay differently. Enforcement

is an issue• Civil Rights Act (1964)- banned job discrimination on basis of

gender• Title IX (1972)- Required equal opportunity to give all boys and girls

equal opportunity to participate in all programs, benefits, and procedures in institutions receiving federal funding• Today issues center on economic rights (equal pay, family leave)

and medical access

Other Groups

• Disabled Americans• Americans with Disabilities Act (1990)- Forbids employers and

owners of public accommodations from discriminating against those with disabilities (facilities)

• Homosexuals• Obergefell v. Hodges (2015)- Legalizes same-sex marriage• Future issues: Right to adopt/parent. Protection from job

discrimination

Affirmative Action

Policy designed to correct the effects of past discrimination (most issues deal with race or gender)

• Regents of the Univ. of California v. Bakke (1978)Affirmative action “quotas” banned from use in college admissions• Hopwood v. Texas (1996)Race cannot be used as a factor to achieve “student body diversity, prevent a hostile environment, counteract the reputation of the law school among minorities, or to end the effects of past discrimination by institutions other than the law school.• Grutter v. Bollinger (1997)Using race as one factor as a part of a highly individualized review is allowed.

The current trend is towards courts taking a much more conservative view of the issue.