Transcript Civil Rights

Civil Rights
Chapter 5
Civil Rights
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Guarantees the equal rights and equal
treatment under the law
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Protections from government abuse
Government must provide these rights to all
Civil Rights
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Equal rights for all individuals
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Equality and freedom
Based on: Declaration of Independence, Constitution,
Bill of Rights
Types of inequality
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Racial and ethnic group membership
Gender
Age
Disability
Home and Person
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3rd Amendment
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Quartering of troops
4th Amendment
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Search and Seizure: Katz v. US 1967 ‘reasonable
right to privacy’ - phone booth
Terry v. Ohio (1968): stop and frisk
Due process
Search warrant
Right to Privacy
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1, 3,4,5,9,10 Amendments
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Right to be free from gov’t surveillance,
intrusion
Right not to have private affairs made public
Right to free thought and belief
Griswold v. Connecticut 1965 (birth control)
 Roe v. Wade (1973)
 Texas v. Lawrence (2003)
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Accused of a Crime
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5th Amendment
Double Jeopardy
Taking clause: eminent domain
Self-incrimination
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Miranda v. Arizona (1966): Earl Warren, Chief
Justice “ must be warned that he has the right
to remain silent”
Excessive Bail & Punishment
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8th Amendment
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Capital punishment
In re Kemmler (1890) -- death acceptable if it
does not involve “torture and lingering death”
Furman v. Georgia (1972): death penalty has
to be consistantly used
Gregg v. Georgia (1976) must be in
consistent manner -- most states have
stopped
Discrimination
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Unfair treatment of an individual based on
group membership alone
African Americans
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Post Civil War Amendments
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Century of Discrimination
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Jim Crow
De facto
De jure
Separate but Equal
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13th: Slavery abolished
14th: Civil Rights
15th: Right to Vote
Plessy v. Ferguson 1896
Modern Movement
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Brown v. Board of Education 1954
Modern Civil Rights
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Brown v. Board of Education
Increased Activism
Civil Rights Laws
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Civil Rights Acts 1964
Voting Rights Act 1965
Right to own property
Racial / ethnic religious covenents
 Red lining
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Presidents Involved in Civil
Rights
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Harry Truman
Dwight Eisenhower
John Kennedy
Lyndon Baines Johnson
Rights of Others
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Hispanics
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14% of US population
Bi lingual education
Divers category
Asian Pacific Americans
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Divers category
Japanese Americans
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Internment camps
Korematsu v. US
Native Americans
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Citizens of a foreign nation
1870’s: reservations
1945: policy of termination
Women
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Early attitudes and suffrage
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1848: Seneca Falls, Lucretia Mott & Elizabeth Cady
Stanton
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Women’s Christian Temperance Union
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1920: 19th Amendment
1919: 18th Amendment
Discrimination & Growing Concerns
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1963 Betty Friedan, The Feminine Mystique
1972: Title IX, Education Act
Court Cases
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Reasonable Standard
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Strict Scrutiny Standard
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Different treatments are reasonable
Taxes
‘inherently suspect’ - historical categories
Reed v. Reed 1971
Other decisions
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No different drinking ages based on gender
No mandatory pregnancy leaves
Girls cannot be barred from Little League
Issues
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Equal Rights Amendment (ERA)
Comparable worth
Equal Rights for Americans
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Older Americans
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Age Employment Discrimination Act 1972
AARP
Disabled Americans
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Rehabilitation Act of 1973 - added disabled to list of
groups protected from discrimination
American with Disabilities Act (ADA) 1990
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Employment
Government programs
Public accommodations
Public transportation
Telephones
Sexual Orientation
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1986 Hardwick v. Georgia - 13 colonies, all
50 states until 1961 had laws making
homosexuality illegal
1986 Bowers v.Hardwick - private acts of
homosexuality illegal
2003 Texas v. Lawrence - struck down
criminal nature of homosexuality act between
consenting adults
Issues
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Marriage - separate but equal legal access
Adoption
Affirmative Action
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Redress historical injustice
Create level playing field: equal
opportunity
Issues
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Quotas
Reverse discrimination
Regents of University of California v. Bakke 1978
Court Decisions
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1979: United Steelworkers v Weber
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1980: Fullilove v. Klutznick
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Minority set aside for public works projects
1987: Johnson v. Transportation Agency of
Santa Clara County
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Training programs to overcome inbalance ok
Reverse discrimination female hired
1995: Adarand Constructors v. Pena
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Race primary criteria, action is unconstitutional