Civil rights and public policy
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Civil Rights and Public Policy. Chapter 6. Introduction. Civil Rights Definition: Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. Racial Discrimination Gender Discrimination

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Civil Rights and Public Policy

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Civil rights and public policy

Civil Rights and Public Policy

Chapter 6


Introduction

Introduction

  • Civil Rights

    • Definition: Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

  • Racial Discrimination

  • Gender Discrimination

  • Discrimination based on age, disability, sexual orientation and other factors


Two centuries of struggle

Two Centuries of Struggle

  • Conceptions of Equality

    • Equal opportunity

    • Equal results

  • Early American Views of Equality

  • The Constitution and Inequality

    • 14th Amendment: “…equal protection of the laws.”

    • Strict scrutiny- must be compelling purpose for the discrimination to be constitutional


Race the constitution and public policy

Race, the Constitution, and Public Policy

  • The Era of Slavery

    • Dred Scott v. Sandford (1857)

    • The Civil War

    • The Thirteenth Amendment

  • The Era of Reconstruction and Resegregation

    • Jim Crow laws

    • Plessy v. Ferguson (1896)


Race the constitution and public policy1

Race, the Constitution, and Public Policy


Race the constitution and public policy2

Race, the Constitution, and Public Policy


Race the constitution and public policy3

Race, the Constitution, and Public Policy

  • The Era of Civil Rights

    • Brown v. Board of Education (1954)

    • Court ordered integration and busing of students

    • Civil Rights Act of 1964

      • Made racial discrimination illegal in many areas

      • Created EEOC

      • Strengthened voting right legislation


Race the constitution and public policy4

Race, the Constitution, and Public Policy

  • Percentage of Black Students Attending School With Whites in Southern States (Figure 5.1)


Race the constitution and public policy5

Race, the Constitution, and Public Policy

  • Getting and Using the Right To Vote

    • Suffrage: The legal right to vote.

    • Fifteenth Amendment: Extended suffrage to African Americans

    • Poll Taxes: Small taxes levied on the right to vote.

    • White Primary: Only whites were allowed to vote in the party primaries.


Race the constitution and public policy6

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.

    • Harper v. Virginia State Board of Elections (1966): no poll taxes at all.

    • Voting Rights Act of 1965: Helped end formal and informal barriers to voting.


Race the constitution and public policy7

Race, the Constitution, and Public Policy

  • Other Minority Groups

    • Native Americans

      • Santa Clara Pueblo v. Martinez (1978)

      • Applied Bill of Rights to tribes

    • Hispanic Americans

      • Mexican American Legal Defense and Education Fund

      • Texas v. Hernandez (1954)-Mexican Americans were a "special class" entitled to equal protection under the Fourteenth Amendment.

    • Asian Americans

      • Korematsu v. United States (1944)

      • Finding Executive Order 9066- to be constitutional


Stop lecture

Stop lecture


Women the constitution and public policy

Women, the Constitution, and Public Policy

  • The Battle for the Vote

    • Nineteenth Amendment: Extended suffrage to women in 1920.

  • The “Doldrums”: 1920-1960

    • Laws were designed to protect women, and protect men from competition with women.

  • The Second Feminist Wave

    • Reed v. Reed (1971)

    • Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes.

    • Title IX Act of 1972- prohibits gender discrimination in federally subsidized education programs, including athletics


Women the constitution and public policy1

Women, the Constitution, and Public Policy

  • The Second Feminist Wave, continued

    • Craig v. Boren (1976)

    • Draft is not discriminatory

  • Women in the Workplace-

  • Wage Discrimination and Comparable Worth-Adkins v. Children’s Hospital (1923): In this case, the Supreme Court held that a federal law establishing a minimum wage for women was unconstitutional.

  • Women in the Military

  • United States v. Virginia (1996): The Supreme Court ruled 7-1 against the Virginia Military Institute’s male-only admissions policy.

  • Executive order to look into allowing women to fight (2012)

  • Sexual Harassment-


Newly active groups under the civil rights umbrella

Newly Active Groups Under the Civil Rights Umbrella

  • Civil Rights and the Graying of America

  • Civil Rights and People With Disabilities

    • Americans with Disabilities Act of 1990

  • Gay and Lesbian Rights

    • Bowers v. Hardwick (1986) Georgiasodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals - upheld in court

    • Lawrence v. Texas (2003)

    • Texas law was unconstitutional-right to privacy due process clause-overturned Bowers v. Hardwick


Newly active groups under the civil rights umbrella1

Newly Active Groups Under the Civil Rights Umbrella


Affirmative action

Affirmative Action

  • Definition:

    • A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group.

  • A move towards equal results?

  • Regents of the University of California v. Bakke (1978)

  • It bars quota systems in college admissions but affirms the constitutionality of affirmative action programs giving equal access to minorities.

  • Adarand Constructors v. Pena (1995)

  • Can companies be given preferential treatment if fall under racial or gender equality?


Understanding civil rights and public policy

Understanding Civil Rights and Public Policy

  • Civil Rights and Democracy

    • Equality favors majority rule.

    • Suffrage gave many groups political power.

  • Civil Rights and the Scope of Government

    • Civil rights laws increase the size of government.

    • Civil rights protect individuals.


California issues with civil rights

California Issues with Civil rights

Mendez v. Westminster (1947)- schools cannot segregate students based on racial/national origins (brown vs. board of education)

Perez v. Sharp (1948)- their should be no state law that bars people of different national/racial origins from marriage (loving v. Virginia


Current issues up for debat e

Current issues up for debate

Due process of law

Gender discrimination

Sexual orientation

Disabilities

Right to privacy-due process


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