CIVIL RIGHTSChapter 16

EQUAL RIGHTS UNDER LAW Seattle Schools Integrated Busing Case

Seattle had not shown that the goal of racial integration justi9fied the method it used White v. non-white

Parents win 5-4“The way to stop discrimination on the basis

of race is to stop discriminating on the basis of race.” –John Roberts

NATURAL RIGHTS Rights entitled to

all people (human rights)

Citizenship not necessary

EQUALITY AND EQUAL RIGHTS Consensus on equal opportunity

Should the federal government step in to help? Head start

Affirmative action- remedial action designed to overcome the effects of discrimination against minorities and women

CITIZENSHIP RIGHTS Legal Rights

Member, allegiance, and subject of a nation1868 citizenship given Constitutional

protection 14th Amendment previously states

BirthNaturalization

REQUIREMENTS FOR NATURALIZATION

RIGHTS OF U.S. CITIZENS Most rights come from state citizenship

Federal include using navigable waters, protection on high seas, peacefully assemble, petition, vote, travel through the U.S.

Times of WarRights get testedNo to civilians in Military Court (Civil War) Japanese Internment Camps

RIGHTS OF ALIENS Rights to religion and speech War Time can be expelled for minor

infractions. Due process of the law Equal protection May limit welfare and other benefits

Lots of states discretion

THE QUEST FOR EQUAL JUSTICE Racial Equality

Civil War13th,14th,15th AmendmentsReconstruction….and reality1960s before major changes truly take

place

SLOW GOVERNMENT RESPONSE By the 1930s, African Americans were

challenging segregation in the courts

In the late 1950s, an emerging national consensus in favor of governmental action to protect civil rights began to influence Congress

A TURNING POINT Brown v. Board Rosa Parks Bus

Boycott Freedom Riders Sit-ins March on Washington JFK Assassination Civil Rights Act 1964 Voting Rights Act 1965

RIOTS AND REACTION Watts, CA 1965 Detroit 1967 Vietnam War and Watergate diverted

attention from civil rights Little governmental attention since then 2008 Elect First African-American

President

WOMEN’S RIGHTS Women’s movement tied to ending

slavery, abandoned, and then focused again in early 1900s

Wyoming- 100 year ruleAnything else from Wyoming?

WWI 50% of states allow women to vote 1920 19th Amendment Ratified

HISPANICS Denied equal rights

through law, informal barriers of custom Non-white or non-English

speaking Language barrier has not

helped Increasing numbers Unable to use their

numbers as political clout California and Texas 50%

2001 &2005 1994 California denies

medical, educational, and social services.

ASIAN AMERICANS

Japanese Internment Camp WWII Korematsu v. United States

(1944) 1988 awarded $20,000

restitution to 60,000 survivors

Approximately 10 million people Many different

backgrounds “successful minority” 1906 The Naturalization

Act – no Asian American could get citizenship Upheld by Supreme Court 1943 before this is

repealed 1965 race and ethnic

criteria eliminated from naturalization

NATIVE AMERICANS 2 million in the U.S.

50% live on or near reservations

550 federally recognized tribes

1830 Indian Removal Act Force allowed “Trail of Tears” 25% died

in the march Still face discrimination

Poor health Alcohol, diabetes,

pneumonia 50-60% unemployment

Ben Nighthorse Campbell 1986-2005

EQUAL PROTECTION OF THE LAWS: WHAT DOES IT MEAN? Part of 14th

Amendment No State can deny equal

protection of the laws Does not apply to

private individuals , constitutionally protected

Cannot create unreasonable classifications

5th Amendment applies this to Federal Government

CONSTITUTIONAL CLASSIFICATIONS AND TESTS Rational Basis

Test: a law is constitutional as long as it meets a reasonable government interest Burden of proof on

parties attacking the law

Typically applied to economic interests

CONSTITUTIONAL CLASSIFICATIONS AND TESTS

Strict Scrutiny Test: A test applied by the court when a classification is based on race. Government must

show that there is a compelling reason for the law and not other less restrictive way to meet the interest.

CONSTITUTIONAL CLASSIFICATIONS AND TESTS Heightened

Scrutiny Test: This test has been applied when a law classifies based on sexTo be upheld it

must meet an important government interest

POVERTY AND AGE May discriminate on the basis of age

Drivers license, voting, drinking age, tobacco, etc…

Illegal for employers to discriminate based on age GREY POWER

Economic rulings at state level with “rich” schools spending more per pupil violates free and equal education$578 Million high school

SEXUAL ORIENTATION Marriage laws a constant issue currently Same sex couple adoption Don’t Ask Don’t Tell

VOTING RIGHTS States Control Congress –Times,

places, and manners

No more literacy tests

1960- no racial gerrymandering

Voting Rights Act 1965 finally protects minority voting rights

EDUCATION RIGHTS Plessy v.

FergusonSeparate but

equal acceptable Applied to

numerous situations

Brown v. Board of Ed. 1954Not acceptable