14 th amendment 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

LEVELS OF COURT REVIEW FOR LAWS THAT TREAT AMERICANS DIFFERENTLY Table 5.1 © 2009 McGraw-Hill Higher Education. All rights reserved. 5

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

Struggle for Equality African Americans Brown vs. Board of Education of Topeka (1954) Black civil rights movement March on Washington, 1963 Civil Rights Act (1964) and Voting Rights Act (1965) Aftermath of the civil rights movement Discrepancies in convictions and sentencing Movement into political office © 2009 McGraw-Hill Higher Education. All rights reserved. 7

Struggle for Equality Women Legal and political gains Title VII of the Civil Rights Act (1964) Title IX of the Education Amendment (1972) Job-related issues Family leave Comparable worth (gender pay equity) Sexual harassment © 2009 McGraw-Hill Higher Education. All rights reserved. 8

Struggle for Equality Native Americans Suits to regain land Negative discrepancy in health, wealth, and education Hispanic Americans Legal and political action: Cesar Estrada Chavez, ( ) Guest workers Growing political power (Democratic leanings) © 2009 McGraw-Hill Higher Education. All rights reserved. 9

Struggle for Equality Asian Americans Long tradition of immigration restriction, ended 1965 Over 12 million Asian Americans Emphasis on academic achievement in Asian American communities Upwardly mobile group © 2009 McGraw-Hill Higher Education. All rights reserved. 10

Struggle for Equality Other groups and their rights Older Americans Disabled Americans Homosexuals (lgbt) © 2009 McGraw-Hill Higher Education. All rights reserved. 11

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

Equality of Result School integration Busing: controversial policy to end de facto segregation of public schools Swann v. Charlotte-Mecklenburg County Bd. of Education (1971) Roberts Court decision, 2007 © 2009 McGraw-Hill Higher Education. All rights reserved. 14

Persistent Discrimination Superficial differences Decline in overt racism Growing numbers of minorities in higher education Growing number of minorities in white-collar professions © 2009 McGraw-Hill Higher Education. All rights reserved. 15

Persistent Discrimination Continuing inequality in: health care and mortality rate nutrition education © 2009 McGraw-Hill Higher Education. All rights reserved. 16