Chapter 5 Notes: Civil Rights & Public Policy

Civil Rights – Policies designed to protect ppl against arbitrary or discriminatory treatment by government officials or individuals. Today’s equality debates center on the key types of inequality (Discrimination) in America: 1.Racial – 2 centuries of discrimination. 2.Gender – role of women has changed since 1700’s, but not constitutionally guaranteed rights (ERA never passed). 3.Discrimination based on: age, disability, sexual orientation, & other factors (ppl w/AIDS & homeless) Two Centuries of Struggle The Constitution and Inequality – “equality” does not appear in the Original Constitution, nor does it appear in the Bill of Rights (BoRs) –14 th Amendment is the 1 st time mentioned: “…equal protection of the laws.”

Supreme Court’s 3 standards (levels of scrutiny) for Classifications under the Equal Protection Clause of 14 th Amendment: 1.Strict Scrutiny (inherently suspect-difficult to meet) – reviewing a law dealing w/race or national origin 2.Mid-Level Scrutiny (intermediate standard-moderately difficult to meet) – gender 3.Rational Basis (reasonable distinction-easy to meet) – other (age, wealth, etc…) Race, the Constitution, and Public Policy 1. The Era of Slavery – Dred Scott v. Sandford (1857) - escaped slaves had no rights. SC said black man, slave or free, was “chattel” & had no rights under a white man’s gov’t, Also, Congress had no right to ban slavery in western territories (invalidated the Missouri Compromise). – The Civil War – The 13 th Amendment (banned slavery)

2. The Era of Reconstruction and Resegregation – Jim Crow laws – Plessy v. Ferguson (1896) - SC found the Louisiana law constitutional as long as there were separate/equal facilities (emphasis on separate) 3. The Era of Civil Rights – Brown v. Board of Education (1954) - forced to rule school segregation was “inherently” unequal & thereby violated the 14th amendment’s requirement that states guarantee “equal protection of the laws”. Disregarded the Plessy ruling **The gov’t began to pursue civil rights b/c the Brown decision Ways the Fed gov’t enforced school integration: 1.sending National Guard to help 2.Provided funds for integration 3.withheld funds from those that didn’t

4.some courts ordered busing (upheld but not required in Swann v. Charlotte-Mecklenburg Bd. of Ed ) **The Swann case ended up defining the 2 types of segregation: 1.De jure – “by law” (which is illegal) 2.De facto – “in reality” –The Rosa Parks protest 1955 (a year after Brown decision) also helped the start the civil rights movement How did the gov’t use the Constitution & its amendments to expand Civil Rights? 1.Commerce Clause – gov’t can regulate commercial activity in public businesses 2.Equal Protection Clause – 14 th amendment, laws must provide equal protection for everyone 3.Due Process Clause – 14th amendment, gov’t can’t deprive life, liberty, or property by U.S. or state gov’t w/out due process of law

Major Policies to end discrimination 1.Civil Rights Act of 1964 –Racial discrimination illegal in hotels, motels, restaurants, & etc… –Forbade discrimination in employment on basis of race, color, religion, or gender –Equal Employment Opportunity Commission (EEOC) to monitor & enforce –Authorized Dept. of Justice to initiate, lawsuits to desegregate public schools & facilities –withheld federal grants from state & local gov’ts that practiced racial discrimination 2.Voting Rights Act of 1965 – ensured African Americans were allowed to vote 3.Open Housing Act of 1968 – forbid discrimination in the sale or rental of housing

Getting and Using the Right to Vote Tools Southern states used to discriminate the right to vote 1.Literacy tests – most blacks could not read or write at this time (some whites couldn’t either, so states passed the Grandfather clause – if your grandfather voted you can too even if you’re illiterate) 2.poll taxes – small taxes levied to be able to vote 3.All White primaries 4. Voter registration tests – checking an understanding of the Constitution Suffrage: The legal right to vote. –15 th Amendment: Extended suffrage to African Americans –24th Amendment: Eliminated poll taxes for “Federal” elections. –Harper v. Virginia State Board of Elections (1966)- no poll taxes at all.

Voting Rights Act of 1965 – secured the right to vote for black, but also ensured their votes wouldn’t be diluted through racial gerrymandering **Gov’t was successful with the Voting Right Act b/c: 1.Goal was clear – increase Black voter registration 2.Federal officials oversaw the law 3.If interfering with the right to vote, there were criminal penalties 4.Shaw v. Reno(1993) – N. Carolina drew a district line solely to get an all black majority, the SC held it was too bizarre of a district so unconstitutional Other Minority Groups –Native Americans – weren’t made citizens of the U.S. until 1924 Most live in poverty today Santa Clara Pueblo v. Martinez (1978) – SC strengthened tribal power of individual tribe members & furthered self-government by Indian tribes Have right to run casinos and avoid taxation on tribal lands Hispanic Americans Mexican American Legal Defense and Education Fund (MALDEF) Also created United Farm Workers led by Cesar Chavez (publicized plight of migrant workers)

–Asian Americans Korematsu v. United States (1944) – upheld the internment of Japanese Americans constitutional Women, the Constitution, and Public Policy The Battle for the Vote –19 th Amendment: Extended suffrage to women in The “Doldrums”: –Laws were designed to protect women, and protect men from competition with women. The Second Feminist Wave –Reed v. Reed (1971) – laws can’t give preference to gender Women, the Constitution, and Public Policy –Craig v. Boren (1976) – OK drinking law M-21+ F-18+ = illegal –Draft is not discriminatory Women in the Workplace Wage Discrimination and Comparable Worth Women in the Military – now women serve in all areas Sexual Harassment

Newly Active Groups Under the Civil Rights Umbrella Civil Rights and the Graying of America Are the Young a Disadvantaged Group, Too? Civil Rights and People With Disabilities Gay and Lesbian Rights Affirmative Action Definition: A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group. Regents of the University of California v. Bakke (1978) ruled quotas can’t be only determinant Adarand Constructors v. Pena (1995) – minority ran company was chosen for a government contract, another company would’ve gotten it, but wasn’t run by a minority. SC struck down law.