government in america: people, politics, and policy updated with 15 th edition...
TRANSCRIPT
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Government in America: People, Politics, and PolicyUpdated with 15th Edition
Edwards/Wattenberg/Lineberry
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Introduction
Civil Rights Definition: policies designed to protect people
against arbitrary or discriminatory treatment by government officials or individuals
Today, equality debates center on three types of discrimination Racial Discrimination Gender Discrimination Discrimination based on age, disability, sexual
orientation and other factors
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Two Centuries of Struggle
Conceptions of Equality Equal opportunity: same chances Equal results: same rewards
The Constitution and Inequality Equality is not in the original Constitution, nor is
it in the Bill of Rights First mention of equality in the 14th Amendment:
“…equal protection of the laws” One of the “Civil War Amendments” along with 13 and 15
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Race, the Constitution, and Public Policy
The Era of Slavery Dred Scott v. Sandford (1857)
Case concerns a slave brought into free territory and whether or not he should be free
Decision: Slaves had no rights, they were classified as “chattel” Invalidated Missouri Compromise, said Congress had no power
to ban slavery in the Western territories
The Civil War brought about certain changes The Thirteenth Amendment: Abolition of Slavery Fourteenth Amendment: Citizenship, Due Process, Equal
Protection Fifteenth Amendment: Black suffrage
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Race, the Constitution, and Public Policy
The Era of Reconstruction and Resegregation Jim Crow or segregational laws
Relegated African Americans to separate facilities, school systems, even restrooms
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Race, the Constitution, and Public Policy
Plessy v Ferguson (1896) Legally justified segregation through “separate but
equal” ruling Homer Plessy was 1/8 black Challenged Louisiana state law Supreme Court validated the idea of Separate facilities for the races
1941 Executive Order outlawed discrimination in defense industries
1948, Truman desegregated the Armed Services
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Race, the Constitution, and Public Policy
The Era of Civil Rights Brown v. Board of Education of Topeka, Kansas(1954)
Case was brought to court by the NAACP Wanted the SC to rule on whether segregated schools
were inherently unequal and therefore a violation of the EQUAL PROTECTION CLAUSE of the 14th Amendment
Overturned precedent set by the Plessy decision (end of separate but equal)
School segregation inherently unconstitutional Integrate schools “with all deliberate speed”
Busing of students solution for two kinds of segregation: de jure, “by law” de facto, “in reality”
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Race, the Constitution, and Public Policy
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Race, the Constitution, and Public Policy
The Era of Civil Rights (continued) Civil Rights Act of 1964
Made racial discrimination illegal in hotels, restaurants, and other public accommodation (Interstate Commerce)
Forbade employment discrimination based on race Created Equal Employment Opportunity Commission
(EEOC) to protect against job discrimination Provided for withholding grants from state and local
governments that practiced racial discrimination Justice Dept authorized to initiate lawsuits to
desegregate schools and facilities
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Race, the Constitution, and Public Policy
Getting and Using the Right to Vote Suffrage: the legal right to vote Fifteenth Amendment: extended suffrage to
African Americans (last of the Civil War Amendments)
Many attempts were made by states to circumvent the 15th Amendment Poll Taxes: small taxes levied on the right to vote (outlawed
by the 24th Amendment – 1964) Grandfather Clause: exempted people whose grandfathers
were eligible to vote in 1860 from having to take literacy tests (found unconstitutional in 1915)
White Primary: Only whites were allowed to vote in the party primaries (declared unconstitutional in 1944)
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Race, the Constitution, and Public Policy
Getting and Using the Right to Vote Voting Rights Act of 1965: helped end formal and
informal barriers to voting; sent federal registrars to make sure black people in the South could register and vote
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Race, the Constitution, and Public Policy
Other Minority Groups Asian Americans
Korematsu v. United States (1944) Supreme Court UPHELD the internment of the
Japanese in camps during WW2
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Women, the Constitution, and Public Policy
The Battle for the Vote Nineteenth Amendment: extended suffrage to women
in 1920
The “Doldrums”: 1920-1960 Laws were designed to protect women, and protect
men from competition with women. Equal Rights Amendment first introduced in Congress
in 1923 Equal Rights Amendment fails ratification by states (1982)
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Women, the Constitution, and Public Policy
Women in the Workplace The Civil Rights Act of 1964 banned gender
discrimination in employment.Wage Discrimination and Comparable Worth
Lily Ledbetter v Goodyear - ruled against Ledbetter in her case of gender discrimination
Lily Ledbetter Fair Pay Act (2009)Women in the Military
Only men may be drafted Both men and women can now serve in ground
combat.Sexual Harassment
Prohibited by Title VII of Civil Rights Act of 1964
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Newly Active Groups Under the Civil Rights Umbrella
Civil Rights and People with Disabilities Americans with Disabilities Act of 1990
Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities
Prohibits employment discrimination against the disabled
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Newly Active Groups Under the Civil Rights Umbrella
Gay and Lesbian Rights Bowers v. Hardwick (1986) Lawrence v. Texas (2003)
Overturned Bowers Private homosexual acts are protected by the Constitution
Gay marriage Many state constitutions amended to prohibit practice The Defense of Marriage Act (1996) – In Section 3 of
DOMA federal government defines marriage as being between a man and a woman, thus denying same-sex couples the same federal protections as heterosexual couples (Social Security survivor benefits, immigration rights, family and medical leave, tax filing as a married couple, etc)
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Gay Rights at the Supreme Court
Windsor v US (2013)
ACLU represented Edie Windsor (83 years old) in suing the federal government for $363,000 in estate taxes she was forced to pay after the death of her partner, Thea Spyer. They were married in Canada in 2007 after a 40 year relationship. Because of DOMA, the federal government did not recognize their marriage.
In June 2013, the Supreme Court struck down Section 3 of DOMA
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Gay Rights at the Supreme Court
Hollingsworth v Perry (2013) California’s Proposition 8, passed in 2009, was a citizen
initiative that stripped same-sex couples of the right to marry, after the California Supreme Court had legalized same sec marriage in 2008
In 2010, a judge found Prop 8 to be unconstitutional and discriminatory. Supporters of Prop 8 appealed the decision to the US Court of Appeals for the 9th Circuit
The Court of Appeals agreed that Prop 8 “serves no purpose…other than to lessen the status and human dignity of gays and lesbians in California”
June 2013 the US Supreme Court struck down Prop 8, restoring the freedom to marry for Californians
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Affirmative Action
Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group
In education Regents of the University of California v. Bakke
(1978) Racial set asides unconstitutional; no more quotas Race could be considered in admissions
Grutter v. Bollinger (2003) and Gratz v Bollinger Race could be considered a “plus” in admissions
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Understanding Civil Rights and Public Policy
Civil Rights and Democracy Equality favors majority rule. Suffrage gave many groups political power.
Civil Rights and the Scope of Government Civil rights laws increase the size and power of
government. Civil rights protect individuals against collective
discrimination.
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Summary
Racial minorities and women have struggled for equality since the beginning of the republic.
Constitutional amendments and civil rights legislation guarantee voting and freedom from discrimination.
Civil rights have expanded to new groups.