Civil Rights

1. Civil Rights Chapter 16

2. Equal Rights Under Law • Seattle Schools Integrated Busing Case • Seattle had not shown that the goal of racial integration justi9fied the method it used • White v. non-white • Parents win 5-4 • “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” –John Roberts

3. Natural Rights • Rights entitled to all people (human rights) • Citizenship not necessary

4. Equality and Equal Rights • Consensus on equal opportunity • Should the federal government step in to help? • Head start • Affirmative action- remedial action designed to overcome the effects of discrimination against minorities and women

5. Citizenship rights • Legal Rights • Member, allegiance, and subject of a nation • 1868 citizenship given Constitutional protection • 14th Amendment previously states • Birth • Naturalization

6. Requirements for Naturalization

7. Rights of U.S. Citizens • Most rights come from state citizenship • Federal include using navigable waters, protection on high seas, peacefully assemble, petition, vote, travel through the U.S. • Times of War • Rights get tested • No to civilians in Military Court (Civil War) • Japanese Internment Camps

8. Rights of Aliens • Rights to religion and speech • War Time can be expelled for minor infractions. • Due process of the law • Equal protection • May limit welfare and other benefits • Lots of states discretion

9. The Quest for Equal Justice • Racial Equality • Civil War • 13th,14th,15th Amendments • Reconstruction….and reality • 1960s before major changes truly take place

10. Slow Government Response • By the 1930s, African Americans were challenging segregation in the courts • In the late 1950s, an emerging national consensus in favor of governmental action to protect civil rights began to influence Congress

11. A Turning Point • Brown v. Board • Rosa Parks  Bus Boycott • Freedom Riders • Sit-ins • March on Washington • JFK Assassination • Civil Rights Act 1964 • Voting Rights Act 1965

12. Riots and Reaction • Watts, CA 1965 • Detroit 1967 • Vietnam War and Watergate diverted attention from civil rights • Little governmental attention since then • 2008 Elect First African-American President

13. Women’s Rights • Women’s movement tied to ending slavery, abandoned, and then focused again in early 1900s • Wyoming- 100 year rule • Anything else from Wyoming? • WWI 50% of states allow women to vote • 1920 19th Amendment Ratified

14. Hispanics • Denied equal rights through law, informal barriers of custom • Non-white or non-English speaking • Language barrier has not helped • Increasing numbers • Unable to use their numbers as political clout • California and Texas 50% 2001 &2005 • 1994 California denies medical, educational, and social services.

15. Asian Americans • Japanese Internment Camp WWII • Korematsu v. United States (1944) • 1988 awarded $20,000 restitution to 60,000 survivors • Approximately 10 million people • Many different backgrounds • “successful minority” • 1906 The Naturalization Act – no Asian American could get citizenship • Upheld by Supreme Court • 1943 before this is repealed • 1965 race and ethnic criteria eliminated from naturalization

16. Native Americans • 2 million in the U.S. • 50% live on or near reservations • 550 federally recognized tribes • 1830 Indian Removal Act • Force allowed • “Trail of Tears” 25% died in the march • Still face discrimination • Poor health • Alcohol, diabetes, pneumonia • 50-60% unemployment • Ben Nighthorse Campbell • 1986-2005

17. Equal Protection of the Laws: What does it mean? • Part of 14th Amendment • No State can deny equal protection of the laws • Does not apply to private individuals , constitutionally protected • Cannot create unreasonable classifications • 5th Amendment applies this to Federal Government

18. Constitutional Classifications and Tests • Rational Basis Test: a law is constitutional as long as it meets a reasonable government interest • Burden of proof on parties attacking the law • Typically applied to economic interests

19. Constitutional Classifications and Tests • Strict Scrutiny Test: A test applied by the court when a classification is based on race. • Government must show that there is a compelling reason for the law and not other less restrictive way to meet the interest.

20. Constitutional Classifications and Tests • Heightened Scrutiny Test: This test has been applied when a law classifies based on sex • To be upheld it must meet an important government interest

21. Poverty and Age • May discriminate on the basis of age • Drivers license, voting, drinking age, tobacco, etc… • Illegal for employers to discriminate based on age • GREY POWER • Economic rulings at state level with “rich” schools spending more per pupil violates free and equal education • $578 Million high school

22. Sexual Orientation • Marriage laws a constant issue currently • Same sex couple adoption • Don’t Ask Don’t Tell

23. Voting Rights • States Control • Congress –Times, places, and manners • No more literacy tests • 1960- no racial gerrymandering • Voting Rights Act 1965 finally protects minority voting rights

24. Education Rights • Plessy v. Ferguson • Separate but equal acceptable • Applied to numerous situations • Brown v. Board of Ed. 1954 • Not acceptable