Chapter 5 Civil Rights Public Policy The Struggle

Chapter 5 – Civil Rights & Public Policy

The Struggle for Equality LO 5. 1 • Conceptions of Equality • Civil Rights – Rights to participate in civil society without discrimination or repression by government • Equal opportunity - Same chance to use abilities and skills in to succeed. • Equal results – Everyone should have the same rewards (earn the same salary or have the same amount of property) Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Struggle for Equality LO 5. 1 • The Constitution and Inequality • Equality not in the original Constitution • First mention- 14 th Amend – “Equal protection of the laws” Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Judicial scrutiny (or classifications) Most classifications that are reasonable (that bear a rational relationship to some legitimate governmental purpose) are constitutional. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • The Era of Slavery • “A Wolf by its Tail” • NW Ordinance & Missouri Compromise • 2 Federal Fugitive Slave Acts • 1793 – Enforce Article 4, Section 2, Clause 2 • Northern states unhappy • Prigg v Pennsylvania • Fed precluded state laws Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • Prigg v Pennsylvania (1842) • As to the authority so conferred upon state magistrates [to deal with runaway slaves], while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation. • Personal Liberty Laws • new personal liberties laws "rendered slave property utterly insecure" and constituted a "flagrant violation of the spirit of the U. S. Constitution” JCC Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • Compromise of 1850 Copyright © 2011 Pearson Education, Inc.

African Americans’ Civil Rights • The Era of Slavery • Dred Scott v. Sandford (1857) • Context • Born a slave in VA (1795) • Sold & brought to Illinois (free state) & WI (Missouri Comp) • Owner died, sued for family freedom To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • The Era of Slavery • Dred Scott v. Sandford (1857) • Questions • Did the Supreme Court have jurisdiction to hear Scott's case? • Was the Missouri Compromise of 1820 in compliance with the Constitution or an overreach by Congress? To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • The Era of Slavery • Dred Scott v. Sandford (1857) • Decision • Q: Jurisdiction? • Scott said yes, under diversity clause (citizens from 2 different states Article III, Section 2) he had been emancipated & thus citizen of Missouri. • Court: No, neither Scott nor any other person of African descent—whether or not emancipated from slavery—could be "citizen of a state", and thus unable to bring suit in federal court To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • The Era of Slavery • Dred Scott v. Sandford (1857) • Decision • Q: Missouri Compromise • A: Congress could not determine fate of lands acquired AFTER constitution was signed (NW okay, but LA purchase lands NO) • A: Also, 5 th Amendment protected slaveholders from any law that would deprive of property • Republicans: Obiter dictum • *2 nd time SCOTUS had found Congressional act unconditional To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • The Era of Reconstruction and Segregation • Jim Crow Laws (1877– 1954) made separate facilities law. • Plessy v. Ferguson (1896) • Context: • 1878 – SCOTUS ruled states could NOT require integration on interstate carriers • 1890 – SCOTUS ruled MS could require segregation on modes of interstate transportation Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • Plessy v. Ferguson (1896) • Context • Homer Plessy (LA) challenged segregation on railcars – was an octoroon (1/8 black) Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • Plessy v. Ferguson (1896) • Question: • Did LA law violate 14 th Amendment – equal treatment under the law? • Decision (7 -1) • LA did not imply inferiority of blacks • segregation in public facilities not unconstitutional as long as the facilities were substantially equal • separate but equal doctrine Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights • Plessy v. Ferguson (1896) • John Marshall Harlan • [I]n view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is nocaste here. Our constitution is colorblind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) • Post Plessey – Segregation widespread • Black & white schools received disproportionate funding • NAACP goal: build case to declare that even if accommodations were “equal” on other ways, segregation was itself unconstitutional Copyright © 2011 Pearson Education, Inc. Publishing as Longman

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African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) • Topeaka – Perfect b/c black & white schools (buildings, textbooks, salaries identical b/w black and white schools) • Psychologists testified segregation had negative effect on psyche of black children – inferiority effect • Justice Dept filed friend of court brief – foreign policy consideratons Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) • Question: Did 14 th Amendment Equal Protection: Prohibited separate public schools? • 1952 Decision: Delayed…need unanimity • 1953 – New Chief – Eisenhower appoints Earl Warren • "These [southern whites] are not bad people. All they are concerned about is to see that their sweet little girls are not required to sit in school alongside some big overgrown Negroes. " Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) • Warren’s Push • Unanimity NECCESARY to overcome S. resistance • Only reason to sustain segregation was honst belief in inferiority of negroes • Must overturn Plessy to maintain legistacy of institution of liberty Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) • We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Equal Education • Brown v. Board of Education (1954) ruled school segregation inherently unconstitutional. • Busing of students was solution for de jure segregation (by law) and de facto segregation (in reality). Copyright © 2011 Pearson Education, Inc. Publishing as Longman

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African Americans’ Civil Rights LO 5. 2 • The Civil Rights Movement and Public Policy • Civil Rights Act of 1964 is the public policy that made racial discrimination in hotels, motels, and restaurants illegal and that forbade many forms of job discrimination. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Voting Rights • Suffrage is the legal right to vote. • 15 th Amend extended suffrage to blacks • Grandfather clause - exempted persons whose grandfathers were eligible to vote in 1860 from taking literacy tests in order to vote • (declared unconstitutional in Guinn v. U. S. , 1915). • Poll Tax – A small tax levied on the right to vote. • White Primary - Only whites were allowed to vote in the party primaries (parties private) • (declared unconstitutional in Smith v. Allwright, 1944). Copyright © 2011 Pearson Education, Inc. Publishing as Longman

African Americans’ Civil Rights LO 5. 2 • Voting Rights (cont. ) • 24 th Amendment eliminated poll taxes for federal elections. • Harper v Virginia State Board of Elections (1966) • ruled no poll taxes for state elections • Voting Rights Act of 1965 helped end barriers to voting. • Federal election registrars were sent to areas that had long histories of discrimination Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• Loving v Virginia (1967) • Context • 1958 - Mildred Jeter & Richard Loving married in DC, returned home to Virginia. • VA one of 16 states that prohibited interracial marriages • Arrested & pleaded guilty – 1 year in jail • Plea deal: suspend the sentence if leave the state for 25 years • “Almighty God created the races…and he placed them on separate continents…. The fact he separated the races shows that He did not intend for the races to mix. ” Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• Loving v Virginia (1967) • Context • Moved to DC & appealed • Racial Integrity Law of 1924 violated equal protection of the law and due process of 14 th Amend • Decision • “There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause. ” • “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications …is surely to deprive all the State’s citizens of liberty without due process of law. ” Copyright © 2011 Pearson Education, Inc. Publishing as Longman

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LO 5. 3 The Rights of Other Minority Groups • Native Americans – Not citizens until 1924 • Indian Bill of Rights - Title II of the Civil Rights Act of 1968 applied most of the provisions of the Constitution’s Bill of Rights to tribal governments. • Santa Clara Pueblo v. Martinez (1978) strengthened the tribal power of individual tribe members and furthered self-government by Indian tribes. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 3 The Rights of Other Minority Groups • Hispanic Americans • Hernandez v. Texas (1954) extended protection against discrimination to Hispanics & all other racial or national groups (Earl Warren) • Pete Hernandez – Mexican agro worker in TX • • Convicted for 1950 murder Mexicans had been excluded from his grand jury trial 25 years – no Mex-Amer among 6 k jury members Deprived equal protection under 14 th Amend Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 3 The Rights of Other Minority Groups • Hispanic Americans • Plyler v. Doe (1982) allows public education for illegal immigrant children in Texas. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 3 The Rights of Other Minority Groups • Asian Americans • During World War II more than 100, 000 Americans of Japanese descent were moved to internment camps. • Executive Order 9066 – FDR • Census Bureau– Aided in supply information • Korematsu v. U. S. (1944) upheld as constitutional the internment of more than 100, 000 Americans of Japanese descent in encampments during World War II. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 3 The Rights of Other Minority Groups • Arab Americans and Muslims • Hamdi v. Rumsfeld (2004) provided detainees the right to challenge their detention before a judge or other neutral decision maker. • Boumediene v. Bush (2008) provided foreign terrorism suspects the right to challenge their detention in U. S. courts. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The Battle for the Vote • The Seneca Falls Declaration of Sentiments and Resolutions that was signed on July 19, 1848 was the beginning of the suffrage movement for women. • The Nineteenth Amendment was adopted in 1920 and guaranteed women the right to vote. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

g. Women’s Rights 1. Women had few rights in 19 th century a. Cult of Domesticity b. No public speaking c. No property--no wills 2. Call for rights came from female abolitionists a. Opposition to female abolitionists raised conscienceness b. Disrespected in London c. Rejected “spheres--second class” idea Copyright © 2011 Pearson Education, Inc. Publishing as Longman 3

• When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course. • We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their powers from the consent of the governed. Whenever any form of government becomes destructive of these rights, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. • Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed, but when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which Copyright © 2011 Pearson Education, Inc. Publishing as Longman they are entitled.

• VIII. State Social Legislation • A. Limiting of working hours before 1900 was fragmented • B. By 1910 modify principle - worker accepted risks of the job • 1. 1911 Triangle Shirtwaist Fire (NY) • 2. Outcry for safety laws • 3. 1913 – 60 new laws Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• C. Conservatives turn to Supreme Court& 14 th Amend • 1. 1905 Lochner v. New York – Cannot deprive labor of rights • 2. 1908 Muller v. Oregon – 10 hr. limit to women laundry workers • 1 a. "Brandies Brief" - sociological and economic research to “justify special legislation” • 3. 1918 Hammer v. Dagenhart – Child Labor Laws UC • 4. 1923 Adkins v. Children’s Hospital – Female Min wage UC Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• IX. Political Reform in Washington: Women’s Suffrage • A. Failure of 14 th and 15 th Amendments split feminists • B. Lack of Unity & Victorian Stereotypes • 1. Contraception • 2. Female “purity” • 3. Darwinian stereotypes • C. Logic Trap – Women morally superior so… • D. 1890 – Two groups combine • 1. AWSA w/ NWSA (Stanton & Anthony) = National American Women's Suffrage Association (NAWSA) Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• E. Carrie Chapman Catt • 1. organizational & political skills • 2. State by State Approach • 2. Grassroots movement in WY; full women's suffrage - 1869 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• F. Alice Paul – Congressional Union • 1. National approach - Amendment • 2. Militant response to picket when Wilson refused support • 3. Arrested but pressure mounted • 4. Congressional approval in 1919 – 1920 ¾ of states ratified 19 th Amendment Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The “Doldrums”: 1920– 1960 • Many laws designed to “protect” women • Equal Rights Amendment - 1923 (Alice Paul) • real result of protectionist law was to perpetuate sexual inequality • most in 1920 s saw ERA as a threat to the family • “Feminist vs Feminist” Middle class (pro) v working (anti) Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The Second Feminist Wave • National Organization for Women (NOW) • Reed v. Reed (1971) - arbitrary gender discrimination violated 14 th Equal Protection Clause • Decreased Son’s Estate • Idaho Law said male was preferred • 1 st time SCOTUS applied equal protection to gender • Established sex as a classification subject to scrutiny on rational basis and thus the question: • "whether a difference in the sex of competing applicants for letters of administration bears a rational relationship to a state objective. " Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The Second Feminist Wave • However… • Feminists wanted broader decision: est. sex as a “suspect” classification (ie. Race) • more exacting standard of scrutiny - strict scrutiny • Fundamental right or suspect classification • Compelling gov’t interest • Narrowly tailored • Least restrictive means Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The Second Feminist Wave • Craig v. Boren (1976) • Context • Oklahoma passed a statute prohibiting the sale of "nonintoxicating" 3. 2% beer to males under the age of 21 but allowed females over the age of 18 to purchase • 19 yr old Craig “Oh heck no! I’m going to sue!” • Question • Does a statute that denies the sale of beer to individuals of the same age based on gender violate the Equal Protection Clause of the 14 th To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • The Second Feminist Wave • Craig v. Boren (1976) • Decision (7 -2 for Boren) • The gender classifications made by the OK statute were unconstitutional b/c the statistics used by the state did not show a substantial relationship b/w statue & benefits • Court established a “intermediate scrutiny” standard, under which sex discrimination would be presumed to be neither valid nor invalid. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 4 Women and Public Policy • The Second Feminist Wave • Return of the Equal Rights Amendment! • Both houses of Congress pass it in 1972 • Fast track until…Phyllis Schlafly • Mobilizes conservative women • Disadvantage housewives • Selective Service, Social Sec. • 1977 – 35 of 38 states ratified To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • Women in the Workplace • The Civil Rights Act of 1964: • banned gender discrimination in employment • Equal Employment Opportunity Commission (EEOC) • Title IX of Education Act of 1972 – forbade sex discrimination in subsidized ed programs (including athletics) • The Pregnancy Discrimination Act of 1978 • illegal for employers to exclude pregnancy and childbirth from their sick leave and health benefits plans Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • Wage Discrimination and Comparable Worth • Median earnings for women 80% of mens • 2009 – Obama signs law outlawing discrimination in compensation • SCOTUS silent on “comparable worth” job pay inequality b/w jobs trad. assoc. with diff genders Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • Sexual Harassment • Prohibited by Title VII of Civil Rights Act of 1964. • Harris v. Forklift Systems (1993) ruled that no single factor is required to win a sexual harassment case. • The law is violated when the workplace environment would reasonably be perceived, and is perceived, as hostile or abusive. ” Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Women and Public Policy LO 5. 4 • Women in the Military • Women make up about 15% of active duty military • Congress opened all the service academies to women in 1975. • But, only men may be drafted or serve in ground combat • Rostker v. Goldberg, 1981 • "[t]he existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them. " Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil Rights Umbrella LO 5. 5 • Civil Rights and the Graying of America • Age classifications fall under rational basis test • Meacham v. Knolls Atomic Power Laboratory (2008) ruled employer must show that action against a worker stems from reasonable factors other than age. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil Rights Umbrella LO 5. 5 • Civil Rights and People with Disabilities • Americans with Disabilities Act of 1990 • requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment. • AIDS victims – handicapped? Entitled to protection? Copyright © 2011 Pearson Education, Inc. Publishing as Longman

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Other Groups Active Under the Civil Rights Umbrella LO 5. 5 • Gay and Lesbian Rights • Defense of Marriage Act (1996) let states disregard same-sex marriages performed elsewhere. • VT, MA, CT, NH, and IA have legalized same sex marriages. • Lawrence v. Texas (2003) – private homosexual acts protected by the Constitution. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil LO 5. 5 Rights Umbrella • Gay and Lesbian Rights • Bowers v Hardwick (1986) • Upheld GA sodomy law • No constitutional protection of sexual privacy Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil LO 5. 5 Rights Umbrella • Lawrence v Texas (2003)–Texas sodomy law • Context • Bowers stare decisis • 14 state sodomy laws • Question • Criminalization vs homosexuals violate equal protection? • Criminal convictions for adult consensual sexual intimacy in home violate liberty and privacy protected by Due Process Clause? Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other Groups Active Under the Civil LO 5. 5 Rights Umbrella • Lawrence v Texas (2003)–Texas sodomy law • Decision: (6 -3) struck down law • 5 justices- Violated due process • 1 - Sandra Day O’Connor – violated equal protection • “homosexuals had a protected liberty interest to engage in private, sexual activity; that homosexuals' moral and sexual choices were entitled to constitutional protection; and that moral disapproval did not provide a legitimate justification for Texas's law criminalizing sodomy” Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• Affirmative Action • Policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged groups • Regents of U. of California v. Bakke (1978) • Context • Allan Bakke (engineer & former marine) sued when denied admission to UC Davis Med School • UC Davis - 16 of 100 spots set aside for minorities • Question • Did UC Davis policy violate Equal Protection clause? • Did states have a compelling state interest to promote integration? Copyright © 2011 Pearson Education, Inc. Publishing as Longman

• Regents of U. of California v. Bakke (1978) • Decision: Bakke wins… • 9 justices issued 6 opinions • Diversity in the classroom IS a compelling state interest • Affirmative action in general protected by Constitution and Civil Rights Act of 1964 • However, UC Davis went too far…quotas violated equal protection clause Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Grutter v Bollinger (2003) • Context • University of Michigan Law School denied admission to Barbara Grutter (3. 8 GPA, 161 LSAT) • Files suit claiming racial discrimination violating 14 th Amendment and Civil Rights Act of 1964 • UM use of race was “predominant” factor in admissions • No longer a compelling interest to justify that use of race Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Grutter v Bollinger (2003) • Context • UM: there is a compelling state interest to ensure “critical mass” of minority students to promote adequate opportunities and to challenge stereotypes • Questions • Bakke stare decisis? • Still a compelling state interest? Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Grutter v Bollinger (2003) • Decision (5 -4) in favor of UM • Yes, UM had a compelling state interest to promote class diversity • UM’s race conscious admissions process that took other factors into account was not unconstitutional like a quota • 3 Justices said affirmative measures not needed in 25 years Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Rights and Public Policy LO 5. 7 • Civil Rights and Democracy • Equality favors majority rule. • Suffrage gave many groups political power. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Rights and Public Policy LO 5. 7 • Civil Rights and the Scope of Government • Civil rights laws increase the size and power of government. • Civil rights protect individuals against collective discrimination. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 1 Summary • The Struggle for Equality • Americans have emphasized equal rights and opportunities rather than equal results. • In the Constitution, only the Fourteenth Amendmentions equality. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 1 Summary • The Struggle for Equality (cont. ) • To decide whether classifications in laws and regulations abide with 14 th Amendment’s equal protection clause, the Supreme Court developed three standards of review. • Most classifications need only be reasonable, racial or ethnic classifications are inherently suspect, and gender classifications receive intermediate scrutiny. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Courts presume classifications based on race to be _____. A. B. C. D. LO 5. 1 constitutional offensive reasonable inherently suspect To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 2 Summary • African Americans’ Civil Rights • Racial discrimination is rooted in the era of slavery and persisted in an era of segregation. • Civil rights movement won victories through civil disobedience and the Court rulings, beginning with Brown v. the Board of Education (1954). To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 2 Summary • African Americans’ Civil Rights • 1964 Civil Rights Act prohibited discrimination in public accommodations, employment, and housing. • 1965 Voting Rights Act prohibited discrimination in voting. • African Americans’ struggle for civil rights led the way securing equal rights for all Americans. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Segregation was outlawed first in . A. B. C. D. LO 5. 2 education

LO 5. 3 Summary • The Rights of Other Minority Groups • Native Americans, Hispanic Americans, Asian Americans, and Arab Americans and Muslims have suffered discriminatory treatment. • Each group benefited from the Court decisions and legislation of the civil rights era and have also engaged in political action to defend their rights. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Other minority groups and not just African Americans have also struggled for civil rights in. A. B. C. D. LO 5. 3 voting education employment all of the above To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 4 Summary • Women and Public Policy • In 1920, women won the right to with the passage of 19 th Amendment. • Women have successfully challenged genderbased classifications regarding employment, property, and other economic issues. • Issues remain like lack of parity in wages, participation in the military, and sexual harassment. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

In Craig v. Boren (1976), the Supreme Court held gender discrimination to a standard. A. B. C. D. LO 5. 4 strict scrutiny intermediate scrutiny rational least restrictions To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 5 Summary • Other Groups Active Under the Civil Rights Umbrella • Seniors and people with disabilities have successfully fought bias in employment, and the latter have gained greater access to education and public facilities. • Gays and lesbians have been more successful in areas such as employment and privacy than in obtaining the right to marry. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 5 Which of the following is the standard for evaluating age discrimination claims? A. B. C. D. the reasonableness standard the medium scrutiny standard the strict scrutiny standard the employer’s bias standard To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 6 Summary • Affirmative Action • Affirmative action policies are designed to bring about increased employment, promotion, or admission for members of groups that have suffered from discrimination. • The Supreme Court has applied the inherently suspect standard to affirmative action policies and prohibited quotas and other means of achieving more equal results. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 6 Which statement about affirmative action best reflects current Supreme Court precedent concerning quotas or set-asides? A. They may be used in employment. B. They may be used in education. C. They may be used in both employment and education. D. They are unconstitutional. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 5. 7 Summary • Understanding Civil Rights and Public Policy • Civil rights policies advance democracy because equality is a principle of democratic government. • When majority rule threatens civil rights, the latter must prevail. • Civil rights policies limit government discrimination but also require active government effort to protect the rights of minorities. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The intent of civil rights laws is to promote values. A. B. C. D. LO 5. 7 individualistic traditionalistic moralistic democratic To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Text Credits • U. S. Census Bureau, News Release, May 14, 2009. U. S. Department of Labor, Bureau of Labor Statistics, Women in the Labor Force: A Databook (2008 edition), Table 16. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Photo Credits • • • • 132: Francis Miller/Time and Life Pictures/Getty Images 133 T: AP Photo; 133 TC: Corbis 133 TB: Steve Rubin/The Image Works 133 B: AP Photo 135: AP Photo 137: Bettmann/Corbis 142: AP Photo 145: Reuters/Corbis 146: Corbis 149: AP Photo 150: Mark Wilson/Getty Images 152: Tribune Media Services, Inc. All Rights Reserved. Reprinted with permission 154: Steve Rubin/The Image Works 155: Tribune Media Services, Inc. All Rights Reserved 156: AP Photo 158: Tom Cheney/The New Yorker Cartoon Bank. www. cartoonbank. com Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objectives • The Struggle for Equality • LO 5. 1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. • African Americans’ Civil Rights • LO 5. 2: Trace the evolution of protections of the rights of African Americans and explain the application of nondiscrimination principles to issues of race. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objectives • The Rights of Other Minority Groups • LO 5. 3: Relate civil rights principles to progress made by other ethnic groups in the United States. • Women and Public Policy • LO 5. 4: Trace the evolution of women’s rights and explain how civil rights principles apply to gender issues. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objectives • Other Groups Active Under the Civil Rights Umbrella • LO 5. 5: Show civil rights principles have been applied to seniors, people with disabilities, and gays and lesbians. • Affirmative Action • LO 5. 6: Trace the evolution of affirmative action policy and assess the arguments for and against it. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objectives • Understanding Civil Rights and Public Policy • LO 5. 7: Establish how civil rights policy advances democracy and increases the scope of government. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Struggle for Equality LO 5. 1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause. • Conceptions of Equality • The Constitution and Inequality To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman