Civil Rights Cases and Legislation Involving the 14th Amendment

(Begin with prejudice questionnaire)

The Equal Protection Clause

“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 it’s jurisdiction the equal protection of the laws.”

Imagine… this was your beginning.

Slave prison: San Sebastian

Historical struggles of African Americans: Dred Scott v. Sanford 1857

The case was battling the complex issue of slavery.Scott wanted his freedom, yet in 1857 Taney & court ruled legal in all territories

Slaves are “property”

The Significance of the Dred Scott case

Historical Struggles of African Americans: Plessy v. Ferguson (1890)

An 1890 Louisiana law made railroads provide “equal but separate accommodations”Homer Plessy violated and it went to the SC

In case, separate but equal was est.

The significance of Plessy v. Ferguson

Historical Struggles of African Americans

Brown v. Board of Education (1954) has been the most monumental case for ALL civil rights.

Linda Brown wanted to go to school closer to home

A case was brought combined with other similar ones against Topeka S.D.

The NAACP fought for Brown

The Struggle for African Americans

Thurgood Marshall and team argued in front of SC

The court ruled in 1954 unanimously that in the field of public education, “separate but equal has no place”

This case, under the Warren Court served

as a beginning to govt. support!

(DVD, if time)

“Doll Test”

1947: Mendez v. Westminster

Click link above: 8 min.

African Americans Win Gains

More legis. was passed in the years following

The 24th amendment made any tax related to the voting process illegal

Civil Rights Acts were passed in 64, 68, 91

Some of these set up affirmative action

What is it and can it be wrong?

Affirmative Action: programs for minorities supported by government as a means of providing equality

To “undo” the wrongs of past Ex. forced hiring of minorities Ex. accepting minority students over whites,

regardless to qualification Ex. “busing” Ex. more funding for minorities from govt.

U.C. Davis v. Bakke (1978)

Alan Bakke: Guilty of being white?Claimed he was the victim of reverse discriminationHad been rejected from school twice even though test scores were higher!

In 1978 the SC ruled school had violated his “equal protection”, but also ruled race can be a factor!

The Affirmative Action Debate

In the early 90’s legis. tried to empower the programs

The public was turning against it1991 law vetoed by Bush Sr., law

softenedClinton’s attitude: “mend it, not end it”

Any other factors to consider?

The Affirmative Action Debate

The California State Board of Regents invalidated race as a factor in admissions

In 1996 California voters approved the Ca. Civil Rights Initiative (Prop 209)

The Affirmative Action Debate

It stated that race or gender cannot be taken into account in hiring.

(Because minority enrollment decreased, California instituted a policy guaranteeing the top 10% of minority students applying!)

The Affirmative Action Debate: Adarand Constructors v Pena (1995)

The company Adarand Constructors took the Transportation Sec, Frederico Pena to court

Reason: laws in most states (incl. CO) allow for govt projects to give preference for work to be done by minority-owned businesses

The Affirmative Action Debate

Issue was even though his co. offered the same services for a lower price, the job went to a minority-owned business instead!

Adarand claimed reverse discrimination under the 14th, court sided w/him,

but…

The debate rages on…