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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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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 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



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



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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