Civil Rights and Public Policy

1. Civil Rights and Public Policy Chapter 5

2. I. Introduction • Civil Rights: • Definition: Policies designed to protect people against arbitrary or discriminatory treatment based on certain characteristics in such settings as employment, schools, access to voting, transportation, etc. • Types of Discrimination: • Racial, gender, age, disability, sexual orientation, wealth and other factors • More than just rights for African Americans

3. Equality • Conceptions of Equality • Equal opportunity • Equal results • Declaration of Independence • All men are created equal • The Constitution • 14th Amendment, 1868 • “No State shall make or enforce any law which shallabridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” • Equal protection clause

4. II. African Americans

5. Dred Scott v. Sanford, 1857 Dred Scott Scott sued for his freedom because he lived in free territory Court ruled that he was not free and had no standing to sue Court ruled that the African Americans were not citizens and the Constitution did not apply to them Later overturned with the 14th Amendment that defined all people born in the US were citizens Justice Taney

6. Civil War & Reconstruction Amendments • 13th Amendment • Ended slavery • 14th Amendment • Defined citizenship • Equal protection and Due Process clauses • At first, the SCOTUS did not use it to protect African American rights or to nationalize (incorporate) the Bill of Rights • 15th Amendment • Granted all males suffrage regardless of race • States soon found a way around its intent

7. Mississippi Last http://thedailyshow.cc.com/videos/du89xz/the-last-amender http://thedailyshow.cc.com/videos/26o8rd/the-supreme-court---the-voting-rights-act Voting Rights Act

8. African American Suffrage • Blocked despite the 15th Amendment • African Americans were not allowed to fully exercise it until the late 1960s • Jim Crow de jure segregation • Poll Tax • Literacy Tests • Grandfather clauses • White Primaries • Violence

9. Plessy v. Ferguson, 1896 Homer Plessy sued after he was arrested for violating a Louisiana segregation law Argued that segregation was illegal under the 14th Amendment Court ruled that "separate but equal" laws did not imply one race's inferiority to another Decision meant that not only private segregation could occur but so could state sponsored as well. Provided constitutional sanction for the adoption of the Jim Crow laws

12. Brown v. Board of Education, 1954 Thurgood Marshall, NAACP Declared state laws establishing separate public schools for black and white students unconstitutional and ordered them to be integrated Overturned the Plessy case "separate educational facilities are inherently unequal." The Supreme Court was the institution most responsible for advancing the African American Civil Rights Movement

13. Percentage of Black Students Attending School With any Whites in Southern States

14. Civil Rights Movement • Dr. Martin Luther King Jr. • Montgomery bus boycott • Birmingham March • March on Washington • Civil disobedience • Woolworth sit-ins • Freedom Summer • Voting Rights • Militant Movement • Malcolm X, Nation of Islam, separatist • Black Panthers

15. Landmark Civil Rights Legislation • 24th Amendment: (1964) • Banned Poll Taxes • Voting Rights Act of 1965 • Banned Literacy Tests • Allowed federal intervention in counties where voter registration was less than 50% • Civil Rights Act of 1968 • Banned racial discrimination in housing (steering) and mortgage lending.

16. Civil Rights Act of 1964 • Outlawed arbitrary discrimination in voter registration within the states (ended the white primary) • 15th Amendment used to justify Congressional Action • Made racial discrimination illegal in hotels, restaurants, and other public accommodation including government agencies— ended Jim Crow laws • Commerce Clause used to justify • Title VII established the Equal Employment Opportunity Commission (EEOC), which forbid employment discrimination based on inherent characteristics (race, national origin, religion, gender) and established a standard of equal opportunity in employment. • 14thAmendment equal protection clause used to justify

17. http://www.youtube.com/watch?v=y7lrS0sLrVE&safe=active

18. III. Women and Equal Rights • Seneca Falls Convention,1848 • beginning of women’s rights movement • Muller v. Oregon (1908) • 10 hour work day limit for women • 19th Amendment, 1920 • Women’s suffrage • Women had trouble using the 14th Amendment to get Equal Protection under the law • Reasonableness standard • Allowed women to be treated different if there was some rationale basis for it, easy to do • Craig v. Boren, 1976 • Court abandoned rationality test for the heightened scrutiny test where classifying individuals based on gender must be related to an important government objective

20. Equal Rights Amendment (ERA) 1972 • “Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass • Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push • Roe v. Wade (1973) – women’s freedom to choose abortion

21. Civil Rights Act (1964) • Title VII – prohibits gender discrimination in employment, extended to sexual harassment • Comparable worth – “equal pay for equal work” • Title IX – provide equal funding for all programs that receive federal funding • Women were allowed to enter all male military schools, VMI case

22. Ratio of Pay between Women and Men in 2005 was 77:100

24. IV. Other minority groups:Homosexual Rights • 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military • DADT policy ended in September, 2011 • Bowers v. Hardwick (1986) • law forbidding sodomy was constitutional • Lawrence v. Texas (2003) • law against sodomy action violated due process of 14th Amendment – “life, liberty, and property”

26. Boy Scouts v. Dale (2000) – • Ruled that private organizations may discriminate (in this case the Boy Scouts denied homosexuals membership (revoked an Eagle Scout award and assistant scoutmaster was removed).

27. Gay Marriage • State issue, legal in some states • Defense of Marriage Act (DOMA) prevents the Full Faith and Credit Clause in the Constitution making states recognize gay marriages

29. US v. Windsor • SCOTUS ruled that U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. • Background • Edith Windsor and Thea Spyer, a same-sex couple residing in New York, were lawfully married in Ontario, Canada in 2007. • Spyer died in 2009, leaving her entire estate to Windsor. • Windsor sought to claim the federal estate tax exemption for surviving spouses. • She was barred and had to pay $363,053 in estate taxes.

30. Obergefell v. Hodges, 2015 Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment. Requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. 

31. http://thedailyshow.cc.com/videos/lzbwpn/defending-your-wife http://thedailyshow.cc.com/videos/9ec0d8/judgment-gay

32. Rights for Older Americans • Age discrimination illegal • Age Discrimination in Employment Act raised the general compulsory retirement age to 70 • AARP – interest group – large influence

33. Rights for Disabled Americans • 17% of Americans have a disability • Rehabilitation Act of 1973 - illegal to discriminate based on disability • Education for All Handicapped Children Act of 1975 – gave all handicapped children free education • Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

34. Asian Americans • Korematsu v. United States (1944) • People of Japanese descent during WWII can be held in detention camps because of their ancestry • “all legal restrictions which curtail the CIVIL RIGHTS of a single group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can.”

37. Is racism/ sexism/ classism / ageism over?

38. Ratio of Pay between Women and Men in 2005 was 77:100

39. V. Affirmative Action • Definition: • A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group in access to education or employment. • A move towards equal results? • Is this reverse discrimination? • Do civil rights require the absence of discrimination OR require racial balance? • Does this violate the equal protection clause? • LBJ started the process through executive order in government contracts

40. Regents of the University of California v. Bakke(1978) Bakke was denied admission to medical school at UC Davis twice despite having higher grades and test scores than every minority applicant Court ruled that strict quotas (like 10% of a class must be African American) are unconstitutional because it violates the 14th Amendment equal protection clause Does not say affirmative action itself is unconstitutional Still, race can be a criteria for admission to a public institution because a diverse student body is a “legitimate educational goal”

41. Gratz v. Bollinger & Grutter v. Bollinger, 2003 Two students Gratz (undergraduate in 1995) and Grutter (Law School in 1997) applied to the University of Michigan. Both were denied admission. The University admits that it uses race as a factor in making admissions decisions because it serves a “compelling interest in achieving diversity among its student body.” SCOTUS upheld using race in admission decisions but it required the school to change its undergraduate admissions program that awarded points to minority applicants The court held that a race-conscious admissions process that may favor "underrepresented minority groups," but that also took into account many other factors evaluated on an individual basis for every applicant, did not amount to a quota

42. Male Affirmative Action Needed? Women in 2006 made up 56% of undergrads, up from 54.8% in 2000 There are more men than women ages 18-24 in the USA, 15 million vs. 14.2 million Nationally, the male/female ratio on campus today is 43/57

43. VI. Summary • Civil Rights and Democracy • Constant pursuit of equality • Equality favors majority rule. • Suffrage gave many groups political power. • Enforcing civil rights laws greatly increase the size and scope of government. • EVERYONE will be a part of some minority group during their lifetime

44. Practice Test Civil Rights • C • E • C

45. Practice Test Civil Rights • C • E • C • B • D • B • E • D

46. Practice Test Civil Rights • C • E • C • B • D • B • E • D • D • C • B • B

47. Practice Test Civil Rights • C • E • C • B • D • B • E • D, SKIP • D • C • B • B, SKIP • A • C • A

48. Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States politics. • Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics: • Brown v. Board of Education of Topeka, Kansas (1954) • Baker v. Carr (1962) • Regents of the University of California v. Bakke (1978) • Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in U.S. politics. • Mapp v. Ohio (1961) • Gideon v. Wainwright (1963) • Miranda v. Arizona (1966)

49. All the equal protection clause

50. All the Equal Protection Clause • Brown v. Board of Education of Topeka, Kansas (1954) • Ended Plessy v. Ferguson and the separate but equal doctrine • Ordered schools to be integrated • Baker v. Carr (1962) • One man, one vote • Gerrymandering, redistricting issues, equal population • Regents of the University of California v. Bakke (1978) • Affirmative Action issue • Reverse discrimination • Quotas are unconstitutional • Led to controversies over Affirmative Action, Michigan cases, California Proposition 209