AP Government 3222017 Have your notebooks out Intro
AP Government— 3/22/2017 Have your notebooks out Intro to Civil Rights—Equal Protection Homework: � Supplemental readings & notes due Friday—they are LONG � Civil Rights cases due Tuesday 3/28
CIVIL RIGHTS Edwards Ch. 5
Equal Protection Under the Law
Discrimination Classification of/treating groups differently Some is inevitable. What are examples you can think of? 14 th Amendment’s equal protection clause bans states from discriminatory practices
Court tests for state discrimination
A. Rational basis test Discrimination is ok if it has a reasonable relationship to a proper purpose of gov’t Burden of proof: plaintiff Marriage age, polygamy, keeping felons from teaching certificate
B. Suspect classifications test (strict scrutiny) Suspect class: a class that has historically suffered unequal treatment on the basis of race or national origin Burden of proof shifts: defendant (gov’t) Must be a compelling purpose to discriminate Affirmative Action (U. C. Regents v. Bakke) Racial gerrymandering (Shaw v. Reno)
C. Quasi-suspect classifications (intermediate scrutiny) Quasi-suspect class: sex Scrutiny is not quite as high b/c some difference is acceptable Law must bear some relation to important governmental objectives Can’t be based on archaic view of women as the “fairer” sex Male-only draft, maternity leave
D. Fundamental rights test Strict scrutiny Fundamental rights=stated or implied in the Constitution Abortion Voting Controversial areas: � Right to die (physician-assisted suicide), right to marry/samesex marriage, gay rights
AP Gov— 3/23/2017 Big day in DC today! Have your notebooks out Struggle for Equal Rights—Women Homework: � Supplemental readings & notes due tomorrow—they are LONG � Civil Rights cases due Tuesday 3/28
Warm up What were the 4 tests/standards courts use to determine discrimination? Explain each.
The Struggle for Equal Rights
I. Women First feminist wave � � Seneca Falls Convention, 1848 Struggle for suffrage 19 th Amendment, 1920 Second feminist wave: 1960 -present � � Rise of feminists like Betty Friedan & Gloria Steinem Rise of women's groups like NOW and Emily’s List
Key Legislation Equal Pay Act (1963)—mandated equal pay for equal jobs Title VII of Civil Rights Act (1964)—banned employment discrimination on the basis of sex Executive Order 11375 (1967) – bans gender discrimination in gov’t hiring Title IX of Education Act of 1972— prohibited gender discrimination in federally subsidized education programs http: //www. pbs. org/video/2330969949
Equal Rights Amendment Proposal, ratification struggle, and defeat of ERA “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. ” http: //www. pbs. org/video/2333333961/
Key Litigation Reed v. Reed, 1971: Court rules against arbitrary gender-based discrimination Roe v. Wade, 1973 Craig v. Boren, 1976: intermediate scrutiny (Quasisuspect class) http: //www. pbs. org/video/ 2326536776/
“The Personal is Political” Issues that had traditionally been seen as personal were reframed as political issues: Domestic Violence � Sexual Harassment � Abortion � Contraceptives �
Success in Politics 1992: Year of the Woman 3 female Justices on SCOTUS 104 women in Congress, 19% (record number) Active interest groups http: //www. pbs. org/video/2365327039/ https: //www. youtube. com/watch? v=v. Js 1 H 5 t. Ql. Dc
AP Gov— 3/24/2017 TGIF! Have your notebooks out Struggle for Equal Rights � African Americans Homework: � Current events � Civil Rights cases due Tuesday 3/28
The Struggle for Equal Rights
II. African Americans Make up about 12% of the population Early Civil Rights � � � Dred Scott decision, 1857—denied the rights of slaves to sue, slave were not citizens Civil War Amendments— 13 th, 14 th, 15 th to protect from state gov’ts Rise of Jim Crow laws & Plessy v. Ferguson, 1896
II. African Americans Resistance against de jure segregation use of courts Brown v. Board, 1954 Non-violent civil disobedience of 50’s & 60’s Success in electoral politics � � Primarily at local and state level With more blacks voting, white politicians have to take into account needs of black community
Affirmative Action Efforts to bring about increased employment, promotion, or admission for groups who have suffered discrimination Redress historic injustices
Key Cases U. C. Regents v. Bakke, 1978: race CAN be taken into account for admission decisions. No quotas � Can adopt an “admissions program in which race or ethnic background is simply one element” Adarand v. Pena, 1995: racial classifications by gov’t are inherently suspect � Must pass strict scrutiny and show they are “narrowly tailored” to a “compelling gov’t interest”
Clarification Gratz v. Bollinger, 2003: “because the University's use of race in its current freshman admissions policy is not narrowly tailored to achieve respondents' asserted compelling interest in diversity, the admissions policy violates the Equal Protection Clause. " Grutter v. Bollinger, 2003: "in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants. ” Fisher v. University of Texas, 2016: upheld University of Texas program
DE FACTO SEGREGATION
Neighborhood restrictive covenants Greenlake neighborhood: “No person or persons of Asiatic, African, or Negro blood, lineage or extraction shall be permitted to occupy a portion of said property or any building thereon except a domestic servant or servants who may actually and in good faith be employed by white occupants of such premises” Laurelhurst neighborhood: “No person other than one of the White Race shall ever be permitted to occupy any portion of any lot in said plot or any building at any time thereon, except a domestic servant actually employed by a white occupant of such building” Broadmoor neighborhood: “No part of said property hereby conveyed shall ever be used or occupied by any Hebrew or by any person of the Ethiopian, Malay, or Asiatic race …excepting only employees in domestic service…” Queen Ann neighborhood "No person or persons of Asiatic, African or Negro blood, lineage, or extraction shall be permitted to occupy a portion of said property" Ballard/Sunset Hills neighborhood "No part of said property hereby conveyed shall ever be used or occupied by any Hebrew or by
Even more shocking… "This property shall Clyde Hill not be resold, leased, Neighborhood rented or occupied except to or by persons of the Aryan race. "
AP Gov— 3/28/2017 Struggle for Equal Rights � Latinos, Asians, other groups fighting for civil rights Homework: � Ch. 5 Test—Thursday � Extra credit KBATs due Thurs.
III. Hispanic Americans 17% of the population Mexican-Americans, Puerto Ricans, Cubans, Central Americans Tactics from the African American CRM � Established MALDEF Key issues: � � � Bilingualism Immigration Citizenship
IV. Asian Americans 6% of the population—fastest growing minority group Chinese, Korean, Japanese, Vietnamese, Filipinos, South Asian Key issues: � � Immigration restriction in the past Internment & reparations—Korematusu v. United States “Reverse discrimination” in college admissions “Model minority”
V. LGBT About 3. 8% of population Impact of Stonewall Riots 1969 Don’t ask, don’t tell policy ended, 2011 Homosexual relations � Laurence v. Texas, 2003 Same-sex marriage � Obergefell v. Hodges, 2015
VI. Other groups active under the Civil Rights umbrella Native Americans—about 2% of population � � Arab Americans & Muslims— 3. 5 million, 6 million Muslims � Impact of 9/11 People with disabilities � Citizenship in 1924 (right to vote) 1946—Indian Claims Act Americans with Disabilities Act (1990) Elderly— 13% of pop. is 65 or older
AP Government— 3/29/2017 Have your notebooks out Civil Rights: � Federal response to discrimination Homework: � Ch. 5 Test—tomorrow � Extra credit KBATs due Thurs.
Warm Up Q’s Explain the difference between civil rights and civil liberties. Review the 4 standards used to test discrimination. Identify some of the key issues for minority groups discussed yesterday.
Federal Response to Discrimination
Barriers to Voting 15 th Amendment banned voting discrimination on the basis of race southern states devised new ways to discriminate � � White primary—unconstitutional Literacy test—banned by Voting Rights Act Poll tax—banned by 24 th amendment Grandfather clause—unconstitutional
Voting Rights Act 1965 Provisions— � � � Effects— � � states answer to Justice Dept. for voting changes suspended literacy tests increased role of fed gov’t huge increase in black turnout increased # of black elected officials (70 in 1965 to 2, 500 in early 1980’s) Shelby County v. Holder (2014)
Private discrimination 5 th & 14 th amendments prevent gov’t from discriminating, not private individuals/businesses
Federal Legislation Civil Rights Act of 1964 � � Title II banned discrimination in public accommodations based on race, color, national origin, religion (based on Congress’ power to regulate interstate commerce) Title VII prohibits employment discrimination Same bases + sex Federal contractors adopt affirmative action programs Enforced by EEOC (Equal Employment Opportunity Commission) Civil Rights Act of 1968 (Fair Housing Act) � Banned restrictive covenants
Federal Legislation Age Discrimination in Employment Act of 1967 � Bans age discrimination unless age is related to job performance Americans with Disabilities Act of 1990 � Bans job and access to facilities discrimination if “reasonable accommodation” can be made
Exit question Review key pieces of legislation impacting different minority groups discussed over the past few days. Make a list of potential FRQ topics for tomorrow
- Slides: 46