Can states discriminate or force others to discriminate
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CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE? PowerPoint PPT Presentation


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CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE?. 14 th Amendment:  “No state shall make or enforce any law which shall…deny to any person within its jurisdiction equal protection before the law.”

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CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE?

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Can states discriminate or force others to discriminate

CAN STATES DISCRIMINATE OR FORCE OTHERS TO DISCRIMINATE?

14th Amendment:  “No state shall make or enforce any law which shall…deny to any person within its jurisdiction equal protection before the law.”

The Slaughter House Cases (1873): Does the 14th Amend protect everybody? Initially it didn’t because that wasn’t what the drafters of the 14th Amend intended?

Can states require separation as long as services are equal?

Plessy v. Ferguson (1896); Univ. of Missouri Law School (1938); Sweat v. Painter (1950)

Korematsu v. US (1944): Strict scrutiny/Suspect classification

Brown v. Board (1954): Separate is inherently unequal; states must undo segregation in public facilities.

VMI and the admission of women (1996)

Does the Voting Rights Act (VRA) of 1965 require discrimination? How could it be legal?


Can govt stop individuals from discriminating against one another

CAN GOVT STOP INDIVIDUALS FROM DISCRIMINATING AGAINST ONE ANOTHER?

Facilitating Private Discrimination: The Civil Rights Act of 1875 vs. The Civil Rights Cases (1883)

Undoing Private Discrimination

Smith v. Allwright (1944) and primaries; Shelly v. Kramer (1948) and housing

Executive Orders

Civil Rights Act of 1964

Katzenbach v. McClury (1964) and the Commerce Clause

Americans with Disabilities Act (1990)

Can the government go too far? Violence Against Women Act case (2000)


Can government or private companies use affirmative action

CAN GOVERNMENT OR PRIVATE COMPANIES USE AFFIRMATIVE ACTION?

Can any type of reverse discrimination pass strict scrutiny? The debate over the Voting Rights Act

Affirmative action by private companies has a low standard: United Steelworkers v. Weber (1979)

Affirmative action in state colleges can’t use quotas Bakke v. UC Davis (1973), but it is legal sometimes: two cases involving the Univ of Michigan 2003

The burden of proof lies wit the government: The Crosan decision (1989) and contracts

Affirmative action in firing is different than in hiring: The Wygant case (1987)

But promotions can be required when egregious discrimination is obvious: The Paradise case (1989)


Three phases of the civil rights movement

THREE PHASES OF THE CIVIL RIGHTS MOVEMENT

Legalism and the NAACP

The effectiveness of the strategy was limited

Non-violent Direct Action (NVDA)

MLK in Montgomery (1954-55)

Southern Christian Leadership Conference (SCLC)

Student Non-violent Coordinating Committee (SNCC)

Congress for Racial Equality (CORE)

Freedom Rides (1961)

The revolution of minds. Serious change among white America occurred with respect to racism between 1944 and 1960; however, as of 1960, over half of Americans said that they would not approve of an an African-American family being their next door neighbor.


Three phases of the civil rights movement1

THREE PHASES OF THE CIVIL RIGHTS MOVEMENT

Political Power Phase:

Taking the vote to the 95% of African-Americans in the South who did not vote.Mississippi Freedom Summer (1964)

1964 Civil Rights Act (1964)

Voting Rights Act of 1965

Black power phase? Was violence (especially in 1968) a dead end, or was it an integral part in the success of more moderate approaches to civil rights?


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