Equal Protection

1. Equal Protection Chapter 7

2. EP Under the Law • Civil libertieslimitations on gov’t action; what the gov’t cannot do • Civil rightsrights of all Americans to equal treatment under the law; 14th Amd EPC • Reasonable v. Unreasonable Discrimination • Ordinary Scrutiny gov’t must have a rational basis for treating ppl differently; Exp; gov’t benefits to low income ppl is ok but gov’t benefit to ppl with blonde hair is not ok • Strict Scrutiny applies to laws that specify race, sex, etc. Exp; gov’t benefits only to one race is not ok • Intermediate Scrutiny laws that treat ppl differently; law must be substantially related to a legitimate gov’t interest. Exp; legit interest is to protect safety of citizens. Prohibiting ppl over a certain age to operate commercial aircraft would be ok in protecting citizens. • Federalist No. 10 • “Theoretic politicians…have erroneously supposed, that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized...in their possessions, their opinions, and their passions.” • “diversity in the faculties of men” that allows some people to be more successful than others in securing such things as property rights.

3. African Americans • Civil War Amendments • 13th Amendmentoutlawed slavery • 14th Amendmentgranted citizenship to former slaves • 15th Amendmentright to vote not denied based on race • Jim Crow laws • Voting: Grandfather clause, Poll tax, Property requirements • Public places: Housing, Restaurants, Hotels, etc. • Freedman’s Bureaucreates schools, hospitals, etc.; only lasted 7 years, not renewed by Congress • Plessy v. Fergusonseparate but equal doctrine • Separate but equal in schoolsThurgood Marshall & NAACP; first fight for higher and professional education; have to draw a base of support and $$$ for the cause. Then, after a few victories, fight for secondary causes. First argues that separate facilities do not have equal resources. Then, he argues that separate facilities cannot be equal. • Brown v. Board of Educationseparate but equal is inherently unequal; overturned Plessy; Brown II • Civil Rights Movement • Civil Rights Act of 1964 • Tried to justify by the 14th EP Clause but didn’t work • Commerce Clause: fed gov’t can regulate interstate commerce • Parts of the Act: • Title 4: public education • Title 6: withhold $$$ if discrimination occurs • Title 7: EEO • Title 9: no discrimination based on sex

8. Cocky as ever and unaware of how much his actions have aided the civil rights cause, police commissioner Bull Connor struts through Kelly Ingram Park, the scene of much of the unrest. Connor urged his men to let whites near the demonstrations. "I want them to see the dogs work," he said.

9. Other Groups, Other Demands • Hispanic Americans • 14.6% of U.S. population; in 2002, 40 million • 23 HOR, 0 Senate members if their representation were equal to their # in the U.S. they would have 14-15 Senators and 63 HORs • Identify by their country of origin • Political participation low but compared to equal income/educational backgrounds, their participation rate is higher than whites • Asian Americans • Chinese Exclusion Act of 1882 prevented ppl from China and Japan from coming to the U.S. to prospect gold, work railroads, or in factories • Quotas limited number of ppl who could enter the U.S. from a certain country • Relocation camps 1942 exec order signed by FDR; virtually all Jap-Ams in the U.S.; dispose of property, curfew laws • Korematsu v. United States upheld the camps • Native Americans • Citizenship Act of 1924 citizenship rts extended to all persons born in the U.S., including NAs • Native American Languages Act 1990 NA languages are unique and serve an important role in maintaining Indian culture and continuity

10. Rights for Persons with Disabilities • Rehabilitation Act (1973) first legislation protecting the rights of persons with disabilities; could not discriminate in programs receiving fed $ • Education for All Handicapped Children Act (1975) guarantees that all children with disabilities will receive a “free and appropriate” public education • Americans with Disabilities Act (ADA) most significant legislation; all public buildings and public services be accessible to persons with disabilities; “reasonable accommodation” • Disabilityphysical or mental impairment that substantially limits a person’s everyday activities • Equal Employment Opportunity Commission (EEOC) administers federal laws prohibiting employment discrimination; specific guidelines for what employers can and cannot ask job applicants. Can ask “Can you do the job?” not “How would you do the job?”

11. Women • 1776 Abagail Adams“remember the ladies”; women organized boycotts against the British but were then denied the basic freedoms granted to white men through the Constitution • Seneca Falls Convention “We hold these truths to be self evident: that all men and women are created equal” • Lucretia Mott & Elizabeth Cady Stanton • First women’s rights convention • Women’s Groups • Nat’l Woman Suffrage Association SBA & ECS; suffrage only one step towards soc/pol equality • American Woman Suffrage Association Lucy Stone; suffrage only goal • 19th Amendment 1920; not too far behind nations • Representation in gov’t 14 Senators, 65 HORs. From MI, Debbie Stabenow; Candice Miller and Carolyn Kirkpatrick

12. Beyond EP • Equal Employment Opportunity (EEO) employers were required to make sure that their hiring and promotion practices guaranteed the same opps to all individuals • Affirmative Actionremedial steps taken to improve work opportunities for persons considered to have been deprived of job opportunities in the past on the basis of race, color, nat’l origin, religion, gender. • University of California v. Bakkequotas for minorities; white Bakke not admitted and lesser qualified minorities were admitted; found that Bakke had been denied EP and should be admitted; 5-4 decision • Reverse discriminationdiscrimination against whites • Civil Rights Act of 1991made it easier for workers to sue their employers; white men challenged the hiring/promotion of minorities from years before; broadened the remedies available for employment discrimination. DID NOT decide constitutionality of Affirmative Action. • University of Michigan Cases • Undergraduate “While existing affirmative action law established in the Bakke allows for race to be a factor in the admissions process, it must not be a ‘deciding factor.’” • Graduate The Equal Protection Clause does not prohibit the Law School¹s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body, O'Connor wrote.  ok to use race as standard for admission