chapter 5 review. there will be no reading monday night no quiz on chapter 5 – will be tested on...
TRANSCRIPT
Chapter 5 Review
There will be NO reading Monday night No quiz on Chapter 5 – will be tested on the
Chapter 1 – 5 test We will complete practice questions on
Monday in class
Chapter 1 – 5 TEST on TUESDAY
Racial and ethnic discrimination Gender discrimination Discrimination based on factors including
age, disability, and sexual orientation
Three types of equality
Equal Protection Clause Tool used to remedy struggles for equality First and only place the Constitution mentions equality
SECTION 1. 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.
14th Amendment
Standards of review! Three levels of analysis (or scrutiny) A classification must bear a relationship to
some legitimate governmental purpose Think about the age for voting – 18…
Is this reasonable?
How do we know if a law is breaking the 14th amendment?
Race and ethnicity Inherently suspect Difficult to (meet) show that it serves a
compelling gov’t interest Gender
Intermediate scrutiny Other (age, wealth)
Reasonableness Easy to (meet) show that it serves a
compelling gov’t interest
Standards of Review
Forbade discrimination in employment on the basis of race, color, national origin, religion or gender
Set up Equal Employment Opportunity Commission
Outlawed discrimination in hotels, restaurants, and public transportation
Civil Rights Act of 1964
Fed. gov’t could withhold fed. grants from state and local gov’t if they practiced racial discrimination
Authorized U.S. Justice Department to initiate lawsuits to desegregate public schools and facilities
Did NOT include discrimination in housing In 1968, the Open Housing Act eliminated
discrimination in housing
Civil Rights Act of 1964
Prohibited any gov’t from using voting procedures that denied a person the vote on the basis of race or color
Abolished the use of literacy requirements Federal gov’t sent election registrars to
areas with a history of discrimination
Voting Rights Act of 1965
Chapter 5 Notes – quick!! Pass back Chapter 3 and 4 quizzes Quiz make-ups?? Reading notes for this week – reading starts
tomorrow Just study tonight! Multiple choice and FRQ practice questions
Monday, September 9th
Racial gerrymandering: drawing district boundaries to advantage a certain group
The 1982 amendment further insisted that minorities be able to “elect representatives of their choice” when their numbers and configuration permitted
State legislatures interpreted the Voting Rights Act as a mandate to create minority-majority districts
After 1990 census – many states created odd shaped districts to give minority-group voters a numerical majority
Racial Gerrymandering
1993: Shaw v. Reno – disagreed with the creation of districts based solely on racial composition, as well as the district’s drawers’ abandonment of traditional redistricting standards such as compactness and contiguity
1995: Miller v. Johnson – court rejected Justice Department’s efforts to create minority districts
1999: Hunt v. Cromartie – consideration of race is not automatically unconstitutional if the state’s primary motivation was political rather racial African Americans tend to be democrats
Court Cases
Currently, you can’t redraw districts based solely on RACE
States continue to redraw districts There will be continued litigation (court cases)
on the issue
Overall…
• Lines are drawn to help the party in power keep power• This process is called “gerrymandering” – two forms: • “Packing” (putting partisans into one district) and
“cracking” (partisans spread out to reduce impact) • It’s illegal to gerrymander on account of race…but many
African Americans are Democrats, so it often looks racial
District 1 District
2
District 3
Red party in control as of last apportionment.
Blues take control after census.
Blues control apportionment board, and redraw districts in their favor.
Red-packed
Red-cracked
Red-cracked
A separated husband and wife sought claim of son’s estate
Idaho law said "males must be preferred to females“
Did Idaho law violate the 14th Amendment? YES!!!
Reed (female) won the S.C. decision First time S.C. upheld a claim of gender
discrimination
Gender: Reed v. Reed
Title IX of the Education Act of 1972 Forbids gender discrimination in
federally subsidized education programs, including athletics.
Gender Cont.
Hispanic Americans Hernandez v. Texas
Protection against discrimination to Hispanics
Hispanics were excluded from being a jury and S.C. ruled Hernandez didn’t get fair trial
Largest Minority Group
Proponents: allow for preferential treatment to previously disadvantaged groups
Opponents: encourages reverse discrimination, ppl. less qualified are accepted or hired
Affirmative Action