1. Chapter 21 Civil Rights: Equal Justice Under Law

2. Section 1—Diversity and Discrimination in American Society
Objectives:
Understand what it means to live in a heterogeneous society.
Summarize the history of race-based discrimination in the United States.
Examine discrimination against women in the past and present.

3. Section 1—Diversity and Discrimination in American Society
Why It Matters:
The Declaration of Independence declares that “all men are created equal,” but this nation still struggles to meet that ideal. Race-based and gender-based discrimination have declined in this country, but they certainly have not disappeared.

4. Section 1—Diversity and Discrimination in American Society
Political Dictionary:
Heterogeneous
Immigrant
Reservation
Refugee
Assimilation

5. Section 1—Diversity and Discrimination in American Society
A Heterogeneous Society
A very “mixed” population.
1790 census: 3,929,214
4 out 5 were white
Influx of immigrants changed the mix.
The birth rate of minorities was higher.
Women outnumber men

6. Section 1—Diversity and Discrimination in American Society
Race-Based Discrimination
African Americans
Second largest minority in the U.S.—37m. Or 12%
Residue of slavery and oppression
Constitutional guarantees—13th, 14th, & 15th Amendments
Civil Rights Act of 1964—Dr. Martin Luther King, Jr.
Voting Rights Act of 1965

7. Section 1—Diversity and Discrimination in American Society
Race-Based Discrimination (cont)
Native Americans
Once over 1m—decreased to 250k by 1900
Disease
2.7m today—1/3 on reservations
Poverty, joblessness, and alcoholism

8. Section 1—Diversity and Discrimination in American Society
Race-Based Discrimination (cont)
Hispanic Americans (Latinos)—largest minority group
Complex group—white, mestizo, black/mulatto
Mexican Americans—18m (half of group)
Mostly in Southwest—”Chicanos”
Puerto Ricans—3m—in Northeast
Cuban Americans—1m—in South Florida
Central and South Americans—3m—”refugees”
Nicaragua, El Salvador, Guatemala, Colombia, Chile, and the Dominican Republic

9. Section 1—Diversity and Discrimination in American Society
Race-Based Discrimination (cont)
Asian Americans—11m—majority in Hawaii and 10% of California
Discrimination—difficult “assimilation”
Chinese were first in the 1850s and 1860s
Chinese Exclusion Act of 1882—blocked Asian emigration for 80 years
Japanese internment in World War II—120k
4m have come since revised immigration act in 1965

10. Section 1—Diversity and Discrimination in American Society
Discrimination Against Women
Seneca Falls Convention of 1848
Under-representation in lawmaking
Equal Pay Act of 1963
Civil Rights Act of 1964
80% of male pay for same job and qualifications.
Equal Rights Amendment to Constitution failed

11. Section 2—Equality Before the Law
Objectives:
Explain the importance of the Equal Protection Clause.
Describe the history of segregation in America.
Examine how classification by sex relates to discrimination.

12. Section 2—Equality Before the Law
Why It Matters:
The law includes safeguards to protect Americans from unfair discrimination on the basis of race or sex. The most important protections lie in the 5th and 14th amendments and the Civil Rights Act of 1964.

13. Section 2—Equality Before the Law
Political Dictionary:
Segregation
Jim Crow law
Separate-but-equal doctrine
Integration
de jure segregation
de facto segregation

14. Section 2—Equality Before the Law
Equal Protection Clause
Equality ideas of the Declaration were not literal in the Constitution but implied.
14th and 5th amendments extend the language
Classification of citizens is permitted but must be “reasonable”

15. Section 2—Equality Before the Law
Equal Protection Clause (cont)
The Rational Basis Test
“Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?”
Mark Foley’s s?
Adult relationships with minors?
The Strict Scrutiny Test
A higher standard for some equal protection cases.
Travel between states, right to vote, etc.

16. Section 2—Equality Before the Law
Segregation in America
Jim Crow Laws started in the 1880s
Separate-but-Equal Doctrine
Plessy v. Ferguson—1896 in Louisiana—seating in rail coaches
Brown v. Board of Education—1954—unanimous Court ruling reversed Plessy
Massive resistance to block “integration”
Pace increased after the Civil Rights Act of 1964
Alexander v. Holmes County Board of Education—1969—ended toleration of the slow pace of integration.

17. Section 2—Equality Before the Law
Segregation in America (cont)
De Jure, De Facto Segregation
De Jure means “lawful”—any laws perpetuating segregation were swept away.
De Facto—means “without law”
School district lines---busing
Segregation in Other Fields also ended
Prisons, swimming pools, recreation facilities, interracial marriages, child custody, transportation, etc.

18. Section 2—Equality Before the Law
Classification by Sex
Gender laws and interpretations have changed dramatically over time. Few instances remain where discrimination is permitted.
One major area is the all-male military draft.

19. Section 3—Federal Civil Rights Laws
Objectives:
Outline the history of civil rights legislation from Reconstruction to today.
Explore the issues surrounding affirmative action.

20. Section 3—Federal Civil Rights Laws
Why It Matters:
Little more than a generation ago, race-based discrimination was not only widespread in this country, much of it was legal—and evidences of that fact are with us yet today.

21. Section 3—Federal Civil Rights Laws
Political Dictionary:
Affirmative action
Quota
Reverse discrimination

22. Section 3—Federal Civil Rights Laws
Civil Rights: Reconstruction to Today
13th Amendment in 1865 freed slaves
14th Amendment in 1868 gave citizenship/due process under law
15th Amendment in 1869 gave the former slaves the right to vote.
No power to enforce the amendments
No other major civil rights laws were passed until the 1950s

23. Section 3—Federal Civil Rights Laws
Civil Rights: Reconstruction to Today (cont)
Civil Rights Acts of 1957, 1960, 1964, and 1968
Voting Rights Acts of 1965, 1970, 1975, and 1982
Extended for 25 years in 2006

24. Section 3—Federal Civil Rights Laws
Civil Rights: Reconstruction to Today (cont)
The Civil Rights Act of 1964
83 days of debate
1. No person may be denied access to or refused service in various “public accommodations” because of race, color, religion, or national origin (Title II).

25. Section 3—Federal Civil Rights Laws
Civil Rights: Reconstruction to Today (cont)
The Civil Rights Act of 1964
2. prohibit discrimination against any person on grounds of race, color, religion, national origin, sex, or physical disability in any program which receives federal funds to any program that practices such discrimination (Title VI).

26. Section 3—Federal Civil Rights Laws
Civil Rights: Reconstruction to Today (cont)
The Civil Rights Act of 1964
3. forbid employers and labor unions to discriminate against any person on grounds of race, color, religion, sex, physical disability, or age in job-related matters (Title VII).
The Civil Rights Act of housing

27. Section 3—Federal Civil Rights Laws
Protected Classes:
Race
Ethnicity
Religion or sect
Color
National Origin
Age (40 and over)
Sex
Sexual Orientation
Disability Status
Veteran Status
Gender
Political Affiliation

28. Section 3—Federal Civil Rights Laws
Affirmative Action
Controversial
Often used “quotas”
Reverse Discrimination
Should the Constitution be “color blind?”
Regents of the University of California v. Bakke
Race may be used as a factor but not the “only” factor in making affirmative action decisions

29. Section 3—Federal Civil Rights Laws
Affirmative Action (cont)
Later cases—mixed rulings
“minority set-asides” are sometimes part of laws and have been upheld.
Sandra Day O’Connor—”The Constitution protects persons, not groups . . .”
The Michigan cases
Broad rules “may” include affirmative action
Cases must be reviewed individually

30. Section 3—Federal Civil Rights Laws
Affirmative Action on the Ballot
1996--Proposition 209 in California outlawed affirmative action—challenged in court but upheld.
1998—the State of Washington also enacted a measure to outlaw affirmative action.

31. Section 4—American Citizenship
Objectives:
Identify the questions surrounding American citizenship.
Describe how people become American citizens by birth and by naturalization.
Explain how an American can lose his or her citizenship.
Illustrate how the United States is a nation of immigrants.
Compare and contrast the status of undocumented aliens and legal immigrants

32. Section 4—American Citizenship
Why It Matters:
A person can become an American citizen either at birth or through the process of naturalization. As immigration to the United States has surged over the past few decades, record numbers of immigrants have become American citizens.

33. Section 4—American Citizenship
Political Dictionary:
Citizen
jus soli
jus sanguinis
Naturalization
Alien
Expatriation
Denaturalization
Deportation

34. Section 4—American Citizenship
The Question of Citizenship
Unclear in the Constitution it was clarified by the 14th Amendment in 1866.
Citizenship by Birth
jus soli or “law of the soil”
50 states, territories, embassies, American vessels
Until 1924 it excluded Native Americans on reservations.
jus sanguinis or “law of blood”
One or more parents who are citizens

35. Section 4—American Citizenship
Citizenship by Naturalization
800,000 aliens each year
Learn about America—be investigated—take an oath in open court.
Collective Naturalization
th Amendment
To entire states or territories

36. Section 4—American Citizenship
Loss of Citizenship
Expatriation—can be voluntary but not compelled (some rights can be lost if you go to prison)
Naturalized citizens can be “denaturalized”—after fraud or deception
Marriage to a citizen does not guarantee citizenship—it only speeds the process.

37. Section 4—American Citizenship
A Nation of Immigrants
70m since 1820
Regulation of Immigration
A federal—not state--function
Not much regulation until 1890
Immigrant source shifted to southern and eastern Europe
Chinese (and other undesirables) Exclusion Act of 1882
Quotas were established in the 1920s

38. Section 4—American Citizenship
A Nation of Immigrants (cont)
Present Immigration Policies
675,000 allowed each year
Family preference favors 1/3 of them
Valuable occupational talents are favored
20 million nonimmigrants come for temporary stays (students, tourists, etc.)

39. Section 4—American Citizenship
A Nation of Immigrants (cont)
Deportation—applies to aliens
Illegal entry
Conviction of a serious crime
A civil and not a criminal action---therefore constitutional safeguards do not apply—bail and ex post facto laws.

40. Section 4—American Citizenship
Undocumented Aliens
Maybe 12 million today—largest number from Mexico
A Troublesome Situation
Necessary workers in agriculture and as laborers in less attractive work.
Current Law
1986 amnesty—2 million became citizens
Employers can be fined for hiring aliens
The question of public benefits???

41. Section 4—American Citizenship