Transcript Chapter 1 The Political Landscape

Civil Rights
Civil Rights
★The government-protected rights of
individuals against arbitrary or
discriminatory treatment by
governments or individuals.
•African Americans
•Women
•Hispanics
•Asian Americans
•Native Americans
•Older Americans
•Persons with Disabilities
•Gay Men and Lesbians
2
Civil Rights for Blacks
3
Thirteenth Amendment
(1865) Banned Slavery
•Neither slavery nor involuntary
servitude, except as a punishment
for crime whereof the party shall
have been duly convicted, shall exist
within the United States, or any
place subject to their jurisdiction.
4
Thirteenth Amendment
(1865) Banned Slavery
★Southern states quickly passed laws that
were designed to restrict opportunities
for newly freed slaves. These prohibited
African Americans from:
-voting
-sitting on juries
-appearing in public places
★Local law-enforcement officials could
arrest unemployed blacks, fine them, then
hire them out to employers to satisfy
their fines.
5
Fourteenth Amendment
(1868)
Guaranteed Citizenship to
Newly Freed Slaves
★All persons born or naturalized in the
United States, and subject to the
jurisdiction thereof, are citizens of the
United States and of the State wherein
they reside. No State shall make or
enforce any law which shall abridge 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.
6
Fourteenth Amendment
Guaranteed Citizenship
QuickTime™ and a
H.264 decompressor
are needed to see this picture.
7
Fifteenth Amendment
(1870)
Right to Vote
★The right of citizens of the United
States to vote shall not be denied or
abridged by the United States or by
any State on account of race, color,
or previous condition of servitude.
8
Civil Rights Cases (1883)
★Civil Rights Act of 1875 was designed
to grant equal access to public
accommodations such as theaters,
restaurants, and transportation.
★Supreme Court ruled that Congress
could prohibit only state or
governmental action and not private
acts of discrimination.
9
Plessy v. Ferguson
(1896)
★Challenged a Louisiana statute that
required railroads to provide
separate accommodations for blacks
and whites.
★Supreme Court found that “separate
but equal” is constitutional.
10
Plessy v. Ferguson
(1896)
★Supreme Court found that “separate
but equal” is constitutional.
★But was “separate” really “equal?”
George McLaurin
working on his
doctorate in education
at the University of
Oklahoma.
11
Brown v. Board of
Education (1954)
★Four cases brought from different
areas of the South involving public
school systems.
★Supreme Court: “To separate [some
school children] from others...solely
because of their race generates a
feeling of inferiority as to their status
in the community that may affect their
hearts and minds in a way very unlikely
ever to be undone.”
★Overturned Plessy v. Ferguson and the
“separate but equal” doctrine.
12
School Integration
★http://www.pbs.org/wgbh/amex/eyes
ontheprize/story/03_schools.html
13
Civil Rights Act of 1964
★Outlawed arbitrary discrimination in
voter registration.
★Barred discrimination in public
accommodations.
★Authorized the Dept. of Justice to
initiate lawsuits to desegregate
public facilities and schools.
★Prohibited discrimination in
employment on grounds of race,
creed, color, religion, national origin,
or sex.
14
Women’s Rights
Movement
15
Women’s Rights
Movement
★19th Amendment guaranteed women
right to vote.
★Hoyt v. Florida (1961) - Supreme Court
stated “Despite...their entry into many
parts of community life formerly
considered to be reserved to men, a
woman is still regarded as the center of
home and family life.”
★1966 - Formation of National
Organization for Women.
16
Women’s Rights
Movement
★1972 - Congress adopts the Equal Rights
Amendment:
• “Equality of rights under the law shall
not be denied or abridged by the United
States or by any state on account of
sex.”
★Equal Rights Amendment was never
ratified by the states.
17
Gays and Lesbians
18
Gays and Lesbians
★Military’s “Don’t Ask, Don’t Tell” policy
1994 - Sept. 20, 2011.
•More than 10,000 soldiers were
discharged for their sexual orientation.
★Conservative groups and Republican
politicians made same-sex marriage a key
issue in elections of 2004.
★President Bush called for a constitutional
amendment to ban same-sex marriage in
2006.
★Amendment failed in the U.S. Senate.
19
Fourteenth Amendment:
Equal Protection Clause
★No State shall deny to any person
within its jurisdiction the equal
protection of the laws.
★Three different standards of review
to determine if there is a sufficient
reason to discriminate against a
group.
20
Fourteenth Amendment:
Equal Protection Clause
★Three different standards of review:
1.Rational basis test - Is it a reasonable
way to achieve a government objective?
(age, wealth, sexual orientation)
2.Intermediate standard - Is it
substantially related to the achievement
of an important governmental objective?
(gender)
3.Highest standard (strict scrutiny) is
applied to race. Is it necessary to promote
a compelling state interest?
21
Fourteenth Amendment:
Equal Protection Clause
★Thus the Supreme Court has ruled the
following to violate the 14th Amendment:
•Single-sex public nursing schools.
•Laws that consider males adults at 21 but
females at 18.
•Laws that allow women but not men to
receive alimony.
•Virginia’s all-male military college, VMI.
★But the Supreme Court has upheld the
following:
•Draft registration for males only.
•State statutory rape laws that apply only
to female victims.
22
Table 6.1: What are the standards of review
fashioned by the Court under the equal
protection clause?
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Statutory Remedies
★ Equal Pay Act of 1963.
•http://www.time.com/time/nation/article
/0,8599,1983185,00.html
24
Statutory Remedies
★Title VII of the Civil Rights Act of 1964.
•Sexual harassment is sex discrimination.
★Title IX of Education Amendments of
1972.
•Bars educational institutions receiving
federal funds from discriminating
against female students.
25
Title IX
★http://learner.org/courses/democrac
yinamerica/dia_5/dia_5_video.html?p
op=yes&pid=1915
26
Hispanic Americans
★Largest and fastest growing group in
the U.S.
★Major issues:
•Voting
•Education
•Immigration
27
American Indians
★Unique status under U.S. law - Indian
tribes are considered distinct
governments.
★American Indians did not become
U.S. citizens nor did they have the
right to vote until 1924.
★American Indians are host to a
number of casinos.
28
Americans with
Disabilities
29
Americans with
Disabilities
★1990 - Americans with Disabilities
Act passed by Congress.
★Requires employers to accommodate
the disabled.
•Guarantees access to public
facilities.
•Requires employers to acquire or
modify work equipment - buildings
must be accessible to people in
wheelchairs.
30
Americans with
Disabilities
★http://www.pbs.org/newshour/bb/law
/july-dec10/ada_07-26.html
31