1. Civil Rights “Equal Protection”

2. Warm Up Match each amendment in the box with its description below. 13 th amendment15 th amendment 14 th amendment24 th amendment 1. declared “Neither slavery nor involunatry servitude…shall exist within the United States.” 1. declared “Neither slavery nor involunatry servitude…shall exist within the United States.” 2. declared that the right to vote could not be denied “by reason of failure to pay any poll tax or other tax” 2. declared that the right to vote could not be denied “by reason of failure to pay any poll tax or other tax” 3. declared that “all persons born or naturalized in the United States…are citizens of the United States…” and “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” 3. declared that “all persons born or naturalized in the United States…are citizens of the United States…” and “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” 4. declared that the right to vote could not be denied “on account of race, color, or previous condition of servitude” 4. declared that the right to vote could not be denied “on account of race, color, or previous condition of servitude”

3. Civil Rights Civil rights – positive acts of gov’t that make the rights guaranteed by the Constitution available for all people. Civil rights – positive acts of gov’t that make the rights guaranteed by the Constitution available for all people.

4. U.S. CONSTITUTION: FOURTEENTH AMENDMENT: SECTIONS 1 AND 5 Read the Fourteenth Amendment, sections 1 and 5. A) Summarize the language of section 1 of the Fourteenth Amendment. Read the Fourteenth Amendment, sections 1 and 5. A) Summarize the language of section 1 of the Fourteenth Amendment. Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” What is “equal protection of the laws?” What is “equal protection of the laws?”

5. Question #1

6. 14 th Amendment (1868) Does it mean the states must treat everybody alike? Does it mean the states must treat everybody alike? Or “equal protection of life, liberty, and property” for all Or “equal protection of life, liberty, and property” for all Divisions in society, such as sex, race, ethnicity, age, disability may be suspect categories Divisions in society, such as sex, race, ethnicity, age, disability may be suspect categories Laws that make distinctions that affect these groups will be subjected to strict scrutiny by the courts Laws that make distinctions that affect these groups will be subjected to strict scrutiny by the courts

7. Question #2 and #3

8. Civil Rights History African Americans 14 th and 15 th amendments 14 th and 15 th amendments Jim Crow Laws – segregated community Jim Crow Laws – segregated community de jure vs. de facto segregation de jure vs. de facto segregation Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Separate but equalSeparate but equal Ruled that a Louisiana law requiring “equal but separate accommodations for the white and colored races” was constitutionalRuled that a Louisiana law requiring “equal but separate accommodations for the white and colored races” was constitutional NAACP – 20 th century push for rights NAACP – 20 th century push for rights

9. Civil Rights History Brown v. Board of Education (1954) Brown v. Board of Education (1954) Warren “in the field of public education the doctrine of ‘separate but equal’ has no place” because “separate educational facilities are inherently unequal.”Warren “in the field of public education the doctrine of ‘separate but equal’ has no place” because “separate educational facilities are inherently unequal.” School segregation in Topeka was unconstitutional because it violated 14 th amendment – equal protectionSchool segregation in Topeka was unconstitutional because it violated 14 th amendment – equal protection Read about Brown Read about Brown Question – Implementation Question – Implementation 1955 – SC let lower courts oversee end of segregation1955 – SC let lower courts oversee end of segregation To be done with “all deliberate speed”To be done with “all deliberate speed”

10. Civil Rights History Civil Rights Act 1964 – prohibited federal aid to schools that remained segregated (150 Edwards)Civil Rights Act 1964 – prohibited federal aid to schools that remained segregated (150 Edwards) IntegrationIntegration de facto segregation – in reality – in neighborhoods in S and Nde facto segregation – in reality – in neighborhoods in S and N BusingBusing most African Americans continued to live in separate neighborhoods, merely removing legal barriers to school integration did not by itself integrate the schools most African Americans continued to live in separate neighborhoods, merely removing legal barriers to school integration did not by itself integrate the schools http://projects.nytimes.com/census/2010/e xplorer?hp?hp – census data http://projects.nytimes.com/census/2010/e xplorer?hp?hp – census data http://projects.nytimes.com/census/2010/e xplorer?hp?hp http://projects.nytimes.com/census/2010/e xplorer?hp?hp

11. Education http://www.whitehouse.gov/the- press-office/fact-sheet-race-top http://www.whitehouse.gov/the- press-office/fact-sheet-race-top http://www.whitehouse.gov/the- press-office/fact-sheet-race-top http://www.whitehouse.gov/the- press-office/fact-sheet-race-top http://www.gatesfoundation.org/regi ons/Pages/default.aspx?1#/?action= region&id=north-america http://www.gatesfoundation.org/regi ons/Pages/default.aspx?1#/?action= region&id=north-america http://www.gatesfoundation.org/regi ons/Pages/default.aspx?1#/?action= region&id=north-america http://www.gatesfoundation.org/regi ons/Pages/default.aspx?1#/?action= region&id=north-america

12. #4

13. Civil Rights History Civil Rights Act of 1964 Civil Rights Act of 1964 which forbids discrimination on the basis of race, color, religion, sex, or country of originwhich forbids discrimination on the basis of race, color, religion, sex, or country of origin Pg 150 EdwardsPg 150 Edwards Voting obstacles Voting obstacles Literacy tests and poll taxesLiteracy tests and poll taxes 24 th Amendment – 1964 24 th Amendment – 1964 Ends poll taxEnds poll tax Voting Rights Act 1965 Voting Rights Act 1965 Help end formal and informal barriers to African American right to voteHelp end formal and informal barriers to African American right to vote

14. Other Minority Groups Native Americans oldest minority group - 2 million oldest minority group - 2 million history of poverty, discrimination and exploitation history of poverty, discrimination and exploitation Reservations Reservations Westward expansion and assimilation Westward expansion and assimilation Push for more sovereignty on their land Push for more sovereignty on their land Ex - Right to run business denied to others by state law and avoid tax on tribal lands – run gambling casinosEx - Right to run business denied to others by state law and avoid tax on tribal lands – run gambling casinos

15. Other Minority Groups 1924 – made American Indians citizens of US and gave them the right to vote 1924 – made American Indians citizens of US and gave them the right to vote 1946 – Indian Claims Act – settle financial disputes from lands taken 1946 – Indian Claims Act – settle financial disputes from lands taken 1978 – Santa Clara Pueblo v. Martinez – strengthened power of individual tribe members and furthered self-gov’t by Indian tribes 1978 – Santa Clara Pueblo v. Martinez – strengthened power of individual tribe members and furthered self-gov’t by Indian tribes

16. Warm Up Many states found ways to limit voting rights for blacks. Some of these practices are listed below. Explain what each practice was and how it was used to limit the voting rights of African Americans. Many states found ways to limit voting rights for blacks. Some of these practices are listed below. Explain what each practice was and how it was used to limit the voting rights of African Americans. 1. Poll tax 1. Poll tax 2. Literacy tests 2. Literacy tests 3. Gerrymandering 3. Gerrymandering 4. White primaries 4. White primaries

17. Civil Rights History Hispanic Americans Largest minority group – 35 million Largest minority group – 35 million discrimination in employment, education, housing, and access to public accommodations discrimination in employment, education, housing, and access to public accommodations Mexican American Legal Defense and Education Fund - 1968 Mexican American Legal Defense and Education Fund - 1968 Bilingual education Bilingual education Under attackUnder attack 1998, CA passed ballot initiative that called for end of bilingual education in state1998, CA passed ballot initiative that called for end of bilingual education in state

18. Civil Rights History Dream Act – Dream Act – http://www.nytimes.com/2010/12/0 9/us/politics/09immig.html?_r=1&ref =politics http://www.nytimes.com/2010/12/0 9/us/politics/09immig.html?_r=1&ref =politics http://www.nytimes.com/2010/12/0 9/us/politics/09immig.html?_r=1&ref =politics http://www.nytimes.com/2010/12/0 9/us/politics/09immig.html?_r=1&ref =politics

19. Civil Rights History Asian American 10 million in US, 40% of immigrants 10 million in US, 40% of immigrants Chinese Exclusion Act 1882 – lasted through WWII Chinese Exclusion Act 1882 – lasted through WWII WWII – Japanese racism – internment WWII – Japanese racism – internment Korematsu v. US (1944) Korematsu v. US (1944) Upheld as constitutional the internment of Americans of Japanese descent in encampments during WWIIUpheld as constitutional the internment of Americans of Japanese descent in encampments during WWII 1980s reparations for internment 1980s reparations for internment

20. #5

21. Women and Equal Rights Seneca Falls Convention – 1848 – beginning of women’s suffrage movement Seneca Falls Convention – 1848 – beginning of women’s suffrage movement Muller v. Oregon (1908) – 10 hour work day limit for women Muller v. Oregon (1908) – 10 hour work day limit for women 19 th Amendment – 1920 – Women vote 19 th Amendment – 1920 – Women vote 1970s – “reasonableness standard” – different treatment “must be reasonable, not arbitrary, and must rest on some ground of difference having fair and substantial relation to the object of the legislation so that all persons similarly circumstances shall be treated alike.” 1970s – “reasonableness standard” – different treatment “must be reasonable, not arbitrary, and must rest on some ground of difference having fair and substantial relation to the object of the legislation so that all persons similarly circumstances shall be treated alike.” Ex. Cannot set different age limits for drivingEx. Cannot set different age limits for driving

22. Women and Equal Rights Equal Rights Amendment (ERA) 1972 Equal Rights Amendment (ERA) 1972 “Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because…“Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because… Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push

23. Women and Equal Rights Civil Rights Act (1964) Civil Rights Act (1964) Title VII – prohibits gender discrimination in employment, extended to sexual harassmentTitle VII – prohibits gender discrimination in employment, extended to sexual harassment Comparable worth – “equal pay for equal work” Comparable worth – “equal pay for equal work” Lilly Ledbetter Fair Pay ActLilly Ledbetter Fair Pay Act http://www.time.com/time/nation/article/0,8599,18749 54,00.htmlhttp://www.time.com/time/nation/article/0,8599,18749 54,00.htmlhttp://www.time.com/time/nation/article/0,8599,18749 54,00.htmlhttp://www.time.com/time/nation/article/0,8599,18749 54,00.html Education Act of 1972 - Title IX – provide equal funding for all programs that receive federal funding Education Act of 1972 - Title IX – provide equal funding for all programs that receive federal funding Article Article http://www.washingtonpost.com/wp- dyn/content/article/2009/07/19/AR20090719014 29.html http://www.washingtonpost.com/wp- dyn/content/article/2009/07/19/AR20090719014 29.html http://www.washingtonpost.com/wp- dyn/content/article/2009/07/19/AR20090719014 29.html http://www.washingtonpost.com/wp- dyn/content/article/2009/07/19/AR20090719014 29.html

24. #6

25. Rights for Older Americans Age discrimination illegal Age discrimination illegal Age Discrimination in Employment Act (1978) raised the general compulsory retirement age to 70 Age Discrimination in Employment Act (1978) raised the general compulsory retirement age to 70 AARP – interest group – large influence AARP – interest group – large influence

26. Rights for Disabled Americans 17% of Americans have a disability 17% of Americans have a disability Rehabilitation Act of 1973 - illegal to discriminate based on disability Rehabilitation Act of 1973 - illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 – gave all handicapped children free education Education for All Handicapped Children Act of 1975 – gave all handicapped children free education Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

27. Homosexual Rights 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military - http://www.nytimes.com/2010/12/10/us/politics/ 10military.html?ref=politics 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military - http://www.nytimes.com/2010/12/10/us/politics/ 10military.html?ref=politics http://www.nytimes.com/2010/12/10/us/politics/ 10military.html?ref=politics http://www.nytimes.com/2010/12/10/us/politics/ 10military.html?ref=politics Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional Romers v. Evans (1996) Romers v. Evans (1996) SC voided a state constitutional amendment approved by voters of Colorado that denied homosexuals protection against discriminationSC voided a state constitutional amendment approved by voters of Colorado that denied homosexuals protection against discrimination Violated the US Constitution’s guarantee of equal protection of the law Violated the US Constitution’s guarantee of equal protection of the law Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property” Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property” Gay Marriage Gay Marriage Defense of Marriage Act 1996Defense of Marriage Act 1996

28. #7

29. Reverse Discrimination Equality of opportunity vs. equality of results Equality of opportunity vs. equality of results Do civil rights require merely the absence of discrimination, or do they require that steps be taken to insure that blacks and whites enroll in the same schools, work in the same jobs, and live in the same housing?Do civil rights require merely the absence of discrimination, or do they require that steps be taken to insure that blacks and whites enroll in the same schools, work in the same jobs, and live in the same housing? University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution

30. Reverse Discrimination Grutter v. Bollinger (2003) – upheld the law school’s use of race as one of many factors in admission Grutter v. Bollinger (2003) – upheld the law school’s use of race as one of many factors in admission Gratz v. Bollinger (2003) – struck down the University of Michigan’s system of undergraduate admissions because it was like a quota system Gratz v. Bollinger (2003) – struck down the University of Michigan’s system of undergraduate admissions because it was like a quota system

31. FRQ

32. Warm Up Affirmative Action – Gives special attention to or compensatory treatment for members of some previously disadvantaged group. Affirmative Action – Gives special attention to or compensatory treatment for members of some previously disadvantaged group. Affirmative action took various forms. Some programs only required making sure job openings were widely advertized. Others required employers to keep a certain number of jobs for members of minority groups. Affirmative action took various forms. Some programs only required making sure job openings were widely advertized. Others required employers to keep a certain number of jobs for members of minority groups. Opponents of affirmative action claimed that these programs were reverse discrimination. They said such policies violated that rights of nonminorities. Opponents of affirmative action claimed that these programs were reverse discrimination. They said such policies violated that rights of nonminorities. Think about both sides of this issue. Where do you stand? Think about both sides of this issue. Where do you stand?

33. Warm Up Match each case with its description. a. Regents of University of California v. Bakke b. Plessy v. Fergusonc. Dred Scott v. Sanford d. Brown v. Board of Education of Topeka 1. This 1897 case declared that racial segregation was constitutional as long as “equal” facilities were provided 1. This 1897 case declared that racial segregation was constitutional as long as “equal” facilities were provided 2. This 1952 case determined that separate could not be equal. 2. This 1952 case determined that separate could not be equal. 3. This 1978 case determined that a program could not use a race-based quota system for admission. However, a program could consider race as a factor in choosing a diverse student body. 3. This 1978 case determined that a program could not use a race-based quota system for admission. However, a program could consider race as a factor in choosing a diverse student body. 4. This 1857 case determined that Congress could not abolish slavery in the territories. It also ruled that African Americans were not U.S. citizens, therefore they could not sue in federal court. 4. This 1857 case determined that Congress could not abolish slavery in the territories. It also ruled that African Americans were not U.S. citizens, therefore they could not sue in federal court.