Presentation on theme: "14 th amendment 1868 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."— Presentation transcript:
14 th amendment 1868 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.
Know the difference Civil Liberties: the legal constitutional protections against the government Civil Rights policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals 2
How we discriminate 3 De facto discrimination Social, economic, cultural biases discrimination De jure discrimination Specific law discrimination
14 th amendment “citizenship ” clause State and federal citizenship for all persons regardless of race both born or naturalized in the United States was reaffirmed. “privileges or immunities” clause No state would be allowed to abridge the "privileges and immunities" of citizens. “due process” clause No person was allowed to be deprived of life, liberty, or property without "due process of law." “equal protection” clause No person could be denied "equal protection of the laws." 4
14 th amendment Forbids states from denying equal protection Strict scrutiny test Suspect category—assumed unconstitutional in the absence of an overwhelming justification Applies to race, ethnicity, etc. Intermediate scrutiny test Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose Applies to gender Reasonable basis test Not suspect category—assumed constitutional unless no sound rationale for the law can be provided Applies to age, income, etc. 6
Affirmative Action Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group In education Regents of the University of California v. Bakke (1978) Racial set asides unconstitutional Race could be considered in admissions Grutter v. Bollinger (2003) Race could be considered a “plus” in admissions
Affirmative Action In employment Fullilove V Kultznick (1980) Upheld 10 % of federal contracts must be to minority companies Adarand v Pena ( 1995) White company submitted lower bid and sued Court rule in favor of company Over turned Fillilove