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Civil Rights

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Nicholas Antonucci

on 18 March 2018

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Transcript of Civil Rights

Civil Rights

Vocab Quiz on
Tuesday 3/13
See page 185 in your textbook
Eyes on the Prize
01-Awakenings, 1954-1956
Eyes on the Prize
02-Fighting Back, 1957-1962
Eyes on the Prize
03-Ain't Scared of Your Jails, 1960-1961
Eyes on the Prize
05-Mississippi, Is This America, 1962-1964
Affirmative Action
Definition: In the
employment arena
, intentional efforts to recruit, hire, train, and promote underutilized categories of workers (women and minority men); in
higher education
, intentional efforts to diversify the student body.
Cases in education
Regents of the University of California v. Bakke (1978)
Grutter v. Bollinger (2003)
Parents v. Seattle and Meredith v. Jefferson (2007)
Ricci v. DeStefano (2009)
Fisher v. University of Texas (2013)

Civil Rights Act of 1964

Prohibits businesses from making discriminatory hiring decisions based on race, color, sex, religion, and national origin.
Made racial discrimination illegal in hotels, restaurants, and other public accommodation
Forbade employment discrimination based on race
Created Equal Employment Opportunity Commission (EEOC)
Strengthened voting right legislation

The
Civil Rights Act of 1964
prohibits businesses from making discriminatory hiring decisions based on race, color, sex, religion, and national origin
Lesbian, Gay, Bisexual & Transgendered Citizens
Same-Sex Marriage
The 1996 Defense of Marriage Act (DOMA) was declared unconstitutional in 2013 by
US vs. Windsor (2013)
. 5-4
Many state constitutions amended to prohibit practice
Obergefell v. Hodges (2015)
- States cannot keep same-sex couples from marrying and must recognize their unions.The decision was 5-4.
"They ask for equal dignity in the eyes of the law," Kennedy wrote of same-sex couples in the case. "The Constitution grants them that right."

Gay Pride Movement
Stonewall Rebellion - NYC 1969 => LGBT Organization
Bowers v. Hardwick (1986)

Lawrence v. Texas (2003)
- overturned Bowers - Private homosexual acts are protected by the Constitution
Slavery & Its Aftermath
The Era of Slavery
Dred Scott v. Sandford (1857)
Slaves had no rights - lacked standing to sue.
Invalidated Missouri Compromise
The Dred Scott v. Sandford 1857 Supreme Court decision set the stage for the Civil War by mobilizing the abolitionist movement.
The Civil War
The Thirteenth Amendment
Ratified after Union won the Civil War
Outlawed slavery
Reconstruction Era
Jim Crow or segregational laws
de jure segregation
- Segregation mandated by law.
Relegated African Americans to separate facilities
Plessy v. Ferguson (1896)
Upheld the constitutionality of “the separate but equal doctrine, which upheld state laws that mandated racial separation in schools and all public.
Pushback against LGBT Civil Rights
Attacks against individuals are considered
Hate Crimes
under most state law but a handful of states
DO NOT
include the following classification of gender identity or sexual orientation.
Using the ordinary scrutiny test, courts have been willing to allow age-based type of differential treatment.


Getting and Using the Right to Vote
24th Amendment: eliminated poll taxes for federal elections
Harper v. Virginia State Board of Elections (1966)
: no poll taxes at all
Voting Rights Act of 1965: helped end formal and informal barriers to voting

The
14th Amendment
was passed in 1868 and provided for due process of law, equal protection under the law, and respect for the privileges and immunities of all citizens
Reconstruction Era
13th, 14th, & 15th
were the constitutional amendments passed in the aftermath of the Civil War, and codified the victory of the North.

Laws passed immediately after the Civil War by Southern states that limited the rights of "freemen," or former slaves, were known as
Black Codes.
Another name for the Civil Rights Act of 1872 was the Anti-Ku Klux Klan Act which made it a federal crime to deprive individuals of their rights.

All of the following were used in southern states during the Jim Crow era to deny African Americans their voting rights:
White primaries
Smith v. Allwright (1944)
Literacy tests
Poll taxes
Grandfather clauses
Guinn v. US (1915)
The Battle for the Vote
19th amendment : extended suffrage to women in 1920 election year. The amendment to the Constitution prohibits the federal government from abridging or denying citizens the right to vote on account of sex.
The “Doldrums”: 1920-1960
EPA Laws
were designed to protect women, and protect men from competition with women.
Equal Rights Amendment
first introduced in Congress in 1923

The separate but equal doctrine was the aspect of racial discrimination became the primary target of the
NAACP (National Association for the Advancement of Colored People)
in its first decades of existence.
SIDE NOTE:
Thurgood Marshall was the first African American to sit on the U.S. Supreme Court. He was also the lead attorney for the NAACP that argued the Brown case.
Title VII
, part of the
Civil Rights Act of 1964
, establishes a standard of equality in employment opportunity, and establishes a body of law that regulates legal employment practices.
The Civil Rights Legislation
-
Voting Rights Act of 1965
- banned discriminatory voter registration practices, and mandated federal intervention in any county with less than 50 percent of those eligible registered to vote.
In
Shelby County v. Holder (2012)
the Supreme Court found unconstitutional, a portion of the Voting Rights Act of 1965.
The Movement for Women's Civil Rights
In
1848
, Lucretia Mott and Elizabeth Cady Stanton organized the first meeting of the U.S. women's rights movement at
Seneca Falls, New York
.

Bradwell v. Illinois
is the legal case that was the first to argue that the
1
4th Amendment's protections
also applied to
women
.
Under the 1976 case of Craig v. Boren, in order for different treatment in a sex-based discrimination case to be legal it must be substantially related to an important government interest.
Intersectionality
The experience of facing discrimination for multiple reasons, such as because you are black, low-income, and female.
Most of the 370 treaties entered into between Native American tribes and the federal government between 1778 and 1870 resulted in the federal government reneged on its promises, and the tribes received no land.
John F. Kennedy was the first U.S. president to define and use the term
Affirmative Action
.
Citizens of Latin American Descent
Cesar Chavez
- civil rights leader& community activist. Organized protests & boycotts to improve working conditions & pay for farmworkers





The 1971 Court decision in
Cisneros v. Corpus Christi Independent School District
established Latinos as a legally recognized minority group in the United States.
Citizens with Disabilities
The main purpose of the Americans with
Disabilities Act Amendments (ADA)
, passed in 2008 was to broaden the meaning and scope of the term "disability".
Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities
Prohibits employment discrimination against the disabled

Hurdle #1!
What does this mean?
Courts Use
3 Tests
to determine when unequal treatment under the law is legal.
They are:
Strict scrutiny test
Heightened scrutiny test
Ordinary scrutiny test
What is the most important US principle or ideal?
Does this mean that the government must ensure that ALL people have equal opportunities to pursue their happiness?
Civil Rights:
the rights and priviligeges guaranteed by the government under the
equal protection & due process clauses of the 5th & 14th Amendments
& the
priviliges & immunities clause of the 14th Amendment.
The
5th Amendment
states in part -
No person shall be be deprived of life, liberty, or property, without due process of law . . .
The Government should protect individuals from discriminsation that results from
INHERENT CHARACTERISTICS.
INHERENT CHARACTERISTICS
are part of a person's nature such as:
RACE
RELIGION
NATIONAL ORIGIN
SEX
The Consitution imposes
constraints
responsibilities
on goverments (government officials & employees too) but NOT on private indiviuals or organizations
The use of a particular tests rests upon the
inherent characteristic
that is the basis for differential treatment.
Strict Scrutiny Test
is use to determine the legality of
suspect classification
based discrimination; on the basis of this test, discrimination is legal if it is a necessary means by which the government can achieve a
compelling public interest
.
(Constitutional right vs. a Government interest)
Adarand Constructors v. Pena (1995)
The 1967
Loving v. Virginia
case determined state laws barring interracial marriage were unconstitutional.
Because courts do not consider the inherent classification of
sex
to be a suspect classification another test is needed for
sex-based discrimination
cases. This test is known as the
Heightened Scrutiny Test
or
Intermediate Scrutinty Test.
Craig v. Boren 1976 |
Miss. Univ. for Women v. Hogan 1982)|
Plyler v. Doe (1982)
Suspect Classifications
are distinctions based on
race, religion, and national origin
, which are assumed to be illegitimate.
Ordinary Scrutiny Test or Rational Basis Test
- On the basis of this test,
sex-based discrimination is legal
if it is a reasonable means by which the government can achieve a legitimate public interest.
Gross v. FBL Financial Services, Inc. | ADEA
Age Limiation Laws
Age of candidacy
Minimum driving age
Legal drinking age
Legal working age
Marriageable age
Mandatory retirement
Age of consent
Retirement age
Smoking age
Voting age
Brown v. Board of Education (1954)
Overturned Plessy
School segregation inherently unconstitutional
Integrate schools “with all deliberate speed”
The Civil Rights Movement
The Second Feminist Wave
Reed v. Reed (1971)
“Arbitrary” gender discrimination violated 14th Amendment’s Equal Protection Clause
Craig v. Boren (1976)
“Medium scrutiny” standard established for gender discrimination
Equal Rights Amendment fails ratification by states (1982)
Women in the Workplace
The Civil Rights Act of 1964
banned gender discrimination in employment.
Wage Discrimination and Comparable Worth
The Supreme Court has not ruled on this issue.
Women in the Military
Only men may be drafted or serve in ground combat.
Sexual Harassment
Prohibited by Title VII of Civil Rights Act of 1964
Arizona v. US (2012)
Native Americans
Santa Clara Pueblo v. Martinez (1978)
Vacillating policies since the 1st administration of Assimilation and Separation.

ADA Court Cases
National Federation of the Blind v. Target Corporation
Bates v. UPS
Michigan Paralyzed Veterans of America v. The University of Michigan
Access Now v. Southwest Airlines
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
Spector v. Norwegian Cruise Line Ltd.
United Steelworks v. Weber (1979)
Voting Rights Still in Play
Eyes on the Prize
04-No Easy Walk 1961–1963
Full transcript