1. Civil Rights – Chapter 5 “Equal Protection”

2. Race, the Constitution, and Public Policy The Era of Slavery Dred Scott v. Sandford (1857) – African Americans had no rights under a white man’s government The Civil War The Thirteenth Amendment - ended slavery

3. The Civil War Amendments Fifteenth Amendment: specifically gives black men the right to vote Shortly after ratification the Southern states devised ways around these amendments by passing laws (Black Codes) that restricted opportunities for black Americans. de jure (by law) and de facto (by reality)

4. Intent of the Fifteenth Amendment To avoid the intent of the Fifteenth Amendment, Southerners moved to exclude African American voters with: Poll taxes Literacy tests Whites-only primaries Grandfather clauses

5. Alternative forms of political particpation Alternative forms of participation that helped bring about changes in civil rights policies: Demonstations/protests/civil disobedience Organized interest-group activity (NAACP) Courts/litigation Boycotts Election activities other than voting (campaigning, donating)

6. How did these forms change Civil Rights Policies? Participation – giving African Americans a voice Linkage mechanism – providing an avenue to impact policy Policy output or outcome – The March on Washington led to the Civil Rights Act of 1964

7. Race, the Constitution, and Public Policy The Era of Reconstruction and Resegregation Jim Crow laws - segregated African Americans from whites

8. The Supreme Court ruled in Plessy (1896)that the Louisiana law was constitutional and that separate but equal facilities for blacks did not violate the Equal Protection Clause. The high-court Plessy ruling led to a profusion of Jim Crow laws. By 1914 every Southern state had passed laws that created two separate societies--one black, the other white. Separate But Equal Doctrine

9. Race, the Constitution, and Public Policy The Era of Civil Rights Rosa Parks began the African American (modern) Civil Rights movement Brown v. Board of Education (1954) started the Civil Rights movement Court ordered integration and busing of students (South proceeded very slowly)

10. The NAACP argued that the intellectual, psychological, and financial damage that befell black Americans precluded any finding of equality under the separate but equal policy. Brown v. Board of Education (1954)

11. The Civil Rights Act of 1964: Barred discrimination in public accommodation. Outlawed arbitrary discrimination in voter registration. Authorized the U.S. Justice Department to initiate lawsuits to desegregate schools and public facilities.

12. The Civil Rights Act of 1964: Allowed the federal government to withhold funds from discriminatory state and local programs. Prohibited discrimination on the basis of race, color, religion, national origin, or sex. Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce bans on employment discrimination.

13. The Impact of the Civil Rights Act of 1964 Southerners argued that the Act violated the Constitution and was an unwarranted use of federal power. The Court ruled that state-imposed (de jure) segregation must be eliminated at once. A full decade after Brown, less than 1% of African American children in the South attended integrated schools. Over time, these rulings and laws opened up numerous occupations to minorities and women.

14. Race, the Constitution, and Public Policy Getting and Using the Right To Vote Suffrage: The legal right to vote. Poll Taxes: if you paid the tax then, you could vote. White Primary: Only whites were allowed to vote in the party (Democratic) primaries.

15. Race, the Constitution, and Public Policy Getting and Using the Right To Vote Smith v. Allwright (1944): ended white primaries. Twenty-fourth Amendment: Eliminated poll taxes for federal elections. Voting Rights Act of 1965: Helped end formal and informal barriers to voting.

16. Civil Rights History Native Americans 2 million people live on “reservations” Push for more sovereignty on their land Ex. – gambling operation rights Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes

17. Civil Rights History Latino/Latina Rights 38.8 million in US (about 10 million in 1980) Mexican – 15 million-rights issues include Bilingual education programs, immigration Puerto Rican – 2.7 million-PR is a commonwealth of US, citizens can move freely back and forth, not represented in Congress, don’t have to pay federal tax

18. Civil Rights History Asian American 8 million in US, 40% of immigrants Chinese Exclusion Act 1882 – lasted through WWII WWII – Japanese racism – internment Korematsu v. US (1944) - court ruled placement in internment camps was constitutional (National Security) 1980s reparations for internment

19. Women and Equal Rights Seneca Falls Convention – 1848 – beginning of women’s suffrage movement Muller v. Oregon (1908) – 10 hour work day limit for women 19 th Amendment – 1920 – Women vote 1970s – “reasonableness standard” – all legal circumstance must be treated equal Ex. Cannot set different age limits for driving, but can set laws on rape that punish man only

20. Women and Equal Rights Reed v. Reed (1971) – for the first time upheld a claim of gender discrimination. Craig v. Boren (1976) – established the medium scrutiny standard for gender discrimination Draft is not discriminatory Women in the Military -now allowed to serve as combat pilots

21. Women and Equal Rights 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… Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push

22. Women and Equal Rights Civil Rights Act (1964) Title VII – prohibits gender discrimination in employment, extended to sexual harassment Comparable worth – “equal pay for equal work” Title IX – provide equal funding for all programs that receive federal funding

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

24. Rights for Disabled Americans 17% of Americans have a 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 Americans with Disabilities Act of 1990 – protected disabled rights

25. Homosexual Rights 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military - repealed by President Obama Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property”

26. Reverse Discrimination Equality of opportunity vs. equality of results – Do civil rights require the absence of discrimination OR require racial balance? University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution Richmond v. Croson 1989 – city of Richmond could not guarantee that 30% of companies that received subcontracts were owned by minorities

27. Supreme Court Rulings Classifications by race and ethnicity have now been ruled by the Court to be acceptable only in laws seeking to remedy previous discrimination.