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CHAPTER 6 Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.

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Presentation on theme: "CHAPTER 6 Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals."— Presentation transcript:

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2 CHAPTER 6

3 Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals

4 When the gov treats classes of people differently the treatment must be reasonable not arbitrary Suspect classifications – the questionable way of classifying people Subject to strict scrutiny “Similarly situated” – A state cannot set different ages at which men and women legally become adults – A law that punishes males but not females for statutory rape is permissible; men and women are not “similarly situated” w/ respect to sexual relations – Selective Service – men have to register for the draft but women don’t

5 14 th AMENDMENT EQUAL PROTECTION CLAUSE Has become the vehicle for more expansive Constitutional interpretations

6 upheld constitutionality of slavery and forbade Congress from banning it in the new states

7 13th – no involuntary servitude 14th – granted citizenship 15th – extended suffrage to African Americans

8 Southern states circumvented the law Instituted: – Literacy tests – White primary – Poll taxes – Grandfather clause – Denying access

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10 SCOTUS endorsed “separate but equal” making segregation legal

11 Formed in 1909 Goal: win legal battles w/o having to change public opinion or form broad political alliances Targeted school segregation For education to be equal, it had to be equally available

12 Campaign in the courts – Prove schools are separate; NOT equal – Inherently unconstitutional CJ Earl Warren: – “in the field of public education the doctrine of ‘separate but equal’ has no place” because “separate educational facilities are inherently unequal”

13 De jure – by law De facto – in practice

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15 The decision led to the widespread use of busing to end segregation by federal judges in the South.

16 Events led to women’s rights – 1848 – Seneca Falls – 1920 – 19 th Amendment – WWII – entrance into workforce – 1963 – Equal Pay Act – 1963 – Feminine Mystique – 1964 – Civil Rights Act – 1973 – Roe v. Wade

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18 "the unseen, yet unbreakable barrier that keeps minorities and women from rising to the upper rungs of the corporate ladder, regardless of their qualifications or achievements."

19 “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex” NEVER PASSED!

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21 Bowers v. Hardwick – SC upheld state sodomy laws Lawrence v. Texas – overturned DOMA – no state would have to give legal status to same-sex marriage in another state DADT overturned

22 BENEFITS Favored immigration status, hospital visitation rights, certain tax exemptions, the right to adopt a partner’s child, extension of health and dental insurance coverage

23 Tradition – must preserve the vital institution of marriage that is designed to ensure a society’s future through raising children Morally wrong Contribute to the breakdown of American family culture = social problems like violent crime and teen pregnancy

24 Attempts to prevent discrimination by forcing employers and universities to hire a certain percentage of minority groups or to give them compensatory preferential treatment

25 Such programs include: – Recruitment – Preferential treatment – Quotas for women, minorities, and people with disabilities in education – Employment – Awarding of government contracts

26 Upheld affirmative action but ruled against the practice of setting aside quota spots for particular groups


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