Civil Rights GOV 30 Fall 2010

Equal Protection Clause “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” -Fourteenth Amendment (1868)

Section 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. Fourteenth Amendment

white primary

Civil Rights Cases 1883

state action private action

Plessy v. Ferguson (1896)

“our Constitution is color-blind.” -Justice Harlan

Percentage of African Americans Living Outside South by Decade, 1910 to 1997

Percentage of Delegates to Republican and Democratic National Conventions Who Are African American

Warren’s opinion in Brown (1954): “To separate from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”

Civil Rights Act (1964) Voting Rights Act (1965)

de jure segregation de facto segregation

Milliken v. Michigan (1974)

Burger for the Millikin Majority “Without an inter-district violation and inter- district effect, there is no continuous wrong calling for an inter-district remedy.” “The lower courts, in calling for metropolitan- wide desegregation were trying to produce “the racial balance which they perceived as desirable.” But the Constitution “does not require any particular racial balance.” -Justice Burger

Marshall, in dissent “ Under a Detroit only decree, Detroits’ schools will remain racially identifiable….Schools with 65 percent and more Negro students will stand in sharp and obvious contrast schools in neighboring districts with less than 2 percent Negro enrollment. Negro students will continue to perceive1616 their schools as segregated educational facilities and this perception will only be increased when whites react to a Detroit- only decree by fleeing to the suburbs to avoid integration.”

Segregation in the U.S. and the South, 1970 and 2000 U.S. Overall Southern States

Bakke v. U. C. California, Davis (1978) “The special admissions program is undeniably a classification based on race and ethnic background. To the extent that there existed a pool of…minority applicants to fill the 16 special admissions seats, white applicants could compete only of 84 seats in the entering class, rather than the 100 open to minority applicants.” -Justice Lewis Powell

Minority dissent in Bakke “Davis’ articulated purpose of remedying the effects of past societal discrimination is sufficiently important to justify the use of race-conscious admission programs where there is a sound basis for concluding that minority underrepresentation is substantial and chronic, and that the handicap of past discrimination is impeding access of minorities to medical school.” - Dissenting Minority Opinion

Percentage of Whites and Blacks that answered yes to the following questions: “Do you favor affirmative action programs that promote black employment…” Whites Blacks Whites Blacks “but do not contain quotas?” “by requiring businesses to hire a specific number or quota of blacks?”

Michigan Affirmative Action Cases: Grutter v. Bollinger (2003) Law School: O’Connor says diversity ok (5-4 decision) Gratz v. Bollinger (2003) College. Rehnquist says quotas or mindless point system not ok (6-3 decision)

“With prestige to persuade, but not physical power to enforce, and with a will for self preservation, the Court generally follows, it does not lead, changes taking place elsewhere in society.” -Justice Ruth Bader Ginsburg

Three Topics 1.Right to Vote 2.Right to Equal Treatment before Law 3.Right not to be Sexually Harrassed

But when the right to vote at any election... is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States..., Fourteenth Amendment

National American Women's Rights Association (NAWRA)

Minor v. Happersett (1875)

States Granting Women's Suffrage before Congressional Passage of 19th Amendment in 1919 STATEYEAR SUFFRAGE GRANTEDVOTES IN E.C.% OF TOTAL E.C. VOTE WY189031% CO ID1896 UT WA CA AZ1912 KS1912 OR IL MT1914 NV ND1917 OH1917 IN1917 RI1917 NE1917 SD MI1918 OK

19 th Amendment (1920) The right of citizens of the United States to vote shall not be denied... on account of sex.

“It is in the very nature of ideas to grow in self-awareness, to work out all their implications over time.... The very content of the great caluses of the Constitution, their coverage, changes.” John Agresto

Smith Amendment to the Civil Rights Act of 1964

National Organization for Women (NOW)

Equal Rights Amendment (ERA)

The law constitutes “individual gender-based discrimination...” that is in fact “a denial of equal protection of the laws in violation of the Fourteenth Amendment.” - Craig v. Boren (1976)

Suspect Classification Requiring Special Scrutiny (Military Defense Considerations) Race: Yes Gender: No

Meritor Savings Bank v. Vinson (1986) Statutory Interpretation Court says: Psychological damage must be proven.

Harris v. Forklift Systems (1993)

The Smith Amendment.. “comes into play before harassing conduct leads to a nervous breakdown.” -Justice Sandra Day O’Connor

“Gender discrimination exists whenever it is more difficult for a person of a particular gender to perform well on a job.” -Justice Ruth Bader Ginsburg

Palin and Biden on Roe, Federalism, Right to Privacy, Constitutional Interpretation: NHdo6IMUVVQB6

Broad or Narrow Definition of Equal Rights Wards Cove v. Antonio (1986)

Americans with Disabilities Act (1991)

Garrett v. University of Alabama (2001)

Changes in Black and White Participation in Presidential Elections, By Region

Evaluation of Civil Rights as Country’s Most Important Problem:

The judicial power shall not be construed to extend to any suit against one of the United States by citizens of another state. (11th Amendment)

Recent/Upcoming Primaries and Caucuses February 19 - Hawaii caucus (D), Washington (D). Wisconsin March 4 - Ohio, Rhode Island, Texas, Vermont March 8 - Wyoming caucus (D) March 11 - Mississippi April 22 - Pennsylvania May 6 - Indiana, North Carolina May 13 - Nebraska, West Virginia May 17 -Hawaii caucus (R) May 20 - Kentucky, Oregon May 27 - Idaho June 3 -Montana, New Mexico, South Dakota

Obama Share Clinton Share Female Voters43%50 Male Voters5042 Voters with Income < $50, Voters with Income > $50,

Obama Share Clinton Share African Americans82%16 Whites3952 White Protestants 3853 White Catholics 3361 White Males 4544 White Females 3458 Hispanics3366 Union Workers4251 Non-Union Workers47

Percent African American Percent Hispanic Median White Income Percent Union Weighted Average of Remaining Contests 10.5%8.9%$41, % Weighted Average of Past Contests ,

Civil Rights Lecture GOV 30 Fall 2010

Substantive Due Process

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” - The Ninth Amendment

Lochner v. New York

Lochner Reasoning by Justice Holmes dissenting “It is settled by various decisions of this court that state constitutions and state laws may regulate life in many ways... A Constitution is not intended to embody a particular economic theory...It is made for people of fundamentally differing views.”

Griswold v. Connecticut

Roe v. Wade

“In Griswold v. Connecticut, the Court held a Connecticut birth control law unconstitutional. The Griswold decision can be rationally understood only as holding that the Connecticut statute substantively invaded the liberty that is protected by the Due Process Clause of the 14th Amendment. Several decisions of this court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause….That right reasonably include the right of a woman to decide whether or not to terminate her pregnancy.” -Justice Potter Stewart for the majority

“While the court’s opinion quotes from the dissent of Mr. Justice Holmes in Lochner v. New York, the result it reaches is more closely attuned to the majority opinion... in that case. The decision here to break pregnancy into three distinct terms and to outline the permissible restrictions the state may impose in each one partakes more of judicial legislation than it does of a determination of the intent of the drafters of the 14th Amendment. The states have had restrictions on abortion for at least a century.” -Justice William Rehnquist

Planned Parenthood of Southeastern Pennsylvania v. Pennsylvania

O’Connor on Stare decisis “Where…the Court decides a case in such a way as to resolve the sort of intensely divisive controversy reflected in Roe…the promise of constancy, once given, binds its maker for as long as the power to stand by the decision survives and the understanding of the issue has not changed so fundamentally as to render the commitment obsolete.” -Justice Sandra Day O’Connor

Bowers v. Hardwick (1986)

Lawrence v. Texas (2003) “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent.” Justice Anthony Kennedy

Public Opinion on Gay Rights Has Changed as Gay and Lesbian Political Activism Increased 1982: First state equal rights law 1992: First major fundraising for presidential campaign 1993: Debate on gays in the military 1996: Congress passes law denying federal recognition of gay marriages

Source: Rivkin & Welch, “HAS SCHOOL DESEGREGATION IMPROVED ACADEMIC AND ECONOMIC OUTCOMES FOR BLACKS?” 0-5%6-25%26-75%76-95%96-100% United States Percentage of blacks who are in schools where whites constitute…