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Case Law: Civil Rights and Equality

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Case Law: Civil Rights and Equality

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    Slide 1:Case Law: Civil Rights and Equality (Pt. 1)

    Slide 2:I. Civil Rights as Concept

    Like - But Not Identical to - Civil Liberties - Status of the citizen in relation to government Civil Rights as Equal Rights - “Civil liberties” as commonly understood - Focus is on equal access of all citizens - Rights to access to public goods (e.g., school) • In reference to the Bill of Rights • Focus is on specific liberty of the individual • vs. discrimination based on classifying the citizen

    Slide 3:II. The Constitution and Laws

    The Fourteenth Amendment and Civil Rights - Section 1 and equal citizen rights (1) (2) Early Enforcement by Congress - Content of rights: see Civil Rights Act of 1866 - Enforcement Act (Ku Klux Klan Act) of 1871 - National supervision of state governments - Section 5 of amendment

    Slide 4:III. Segregation in Early Cases

    Sweatt v. Painter (1950) • His argument on limits of the law Plessy v. Ferguson (1896) - Justice Brown’s “separate but equal” rule - Louisiana law segregating railroad cars - Justice Harlan’s dissent Racial Segregation in State Laws (1860s-) • Constitution does not recognize class, color - “Separate but equal” tested for equality

    Slide 5:IV. End of Separate but Equal

    Brown v. Board of Education [II] (1955) - Public schooling (primary and secondary) Brown v. Board of Education [I] (1954) - Justice Warren interpretation of “equal” - Focus on “separate” and its effects - What remedy for deprivation by segregation? - Lower federal courts rule school authorities

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