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Civil Rights and Public Policy
I. Introduction: A. What are Civil Rights? Civil rights are policies designed to protect people against arbitrary or discriminatory treatment by government official or individuals. B. Name some? From where are they derived? How are we protected against their infringement? Who is the final arbiter of these rights? C. Civil rights focus on issues dealing with: 1. Racial discrimination 2. Gender discrimination 3. Discrimination based on age, disability, ethnicity, etc. I I. Equality-What is it? A. equal rights? B. equality of opportunity? equal results? equal rewards? C. What were early American views of equality? 1. women's rights 2. slavery 3. inheritance laws
III. The US Constitution and Equality A. Only mention of equality is in the 14th Amendment B. "equal protection under the laws" 1. What laws? 2. What protection? 3. Protection from what? 4. Who's doing the protecting?
IV. 14th Amendment of the U.S. Constitution A. Passed after the Civil War B. Ratified 1868. 1. What does it do? 2. They ensure basic civil rights and liberties of all citizens. 3. That is, provides equal protection of life, liberty, and property to all a state's citizens 4. Through judicial interpretation develops levels of scrutiny (standards of classification) for examining constitutionality of classifying individuals or groups through use of specific laws, actions or requirements
See p. 146 Table 5.1 (Know this) C. What is a classification? D. What is a standard of review? E. What is being reviewed? F. By whom? G. Why?
If meant to curb power of the federal government, how does it apply to states? The 14th Amendment says "No state shall..."
V. The Standards of review under the 14th Amendment Equal Protection Clause:
A. The U. S. Supreme Court has decided that some classifications are inherently suspect: They include classification based on race or ethnicity. When reviewing cases before the Court, they apply a very stringent standard called strict scrutiny to evaluate whether the activity in question is constitutional. 1. Suspect class-historically subject to abuse. Member of a discrete and insular minority against which could not otherwise defend itself though the traditional avenues available in the public forum. a. Difficult standard to meet. b. Action always found unconstitutional c. Strict scrutiny used (1) Must have a compelling governmental interest to withstand strict scrutiny 2. Intermediate standard of scrutiny a. gender, disability b. inheritance/lineage c. Moderately difficult to meet-sometimes found unconstitutional d. Must have a substantial relationship to an important governmental interest
3. Reasonableness Standard a. Age, social/ economic class b. Easy to meet-hardly ever found unconstitutional c. Classification must have a rational relationship (basis) to a legitimate governmental interest.
VI. The 13th Amendment
A. Ratified after the Civil War - 1865 B Forbids slavery and involuntary servitude C. Supreme Court Decisions - reversed 1. Dred Scott v. Sandford (1857) by Congress - 13th Amendment 2. Plessy v. Ferguson (1896) by the USSCT - Brown v. Bd of Ed (1954)
VII. Civil Rights Act of 1964 1. made racial discrimination illegal in places of public accommodation 2. made racial discrimination illegal in employment 3. created EEO 4. forced desegregation of public schools through Justice Dept.
VIII. Open Housing Act of 1968 1. forbade discrimination in the sale or rental of housing
IX. The 15th Amendment:
A. Extends the right to vote to african americans B. Ratified after the Civl War - 1870 C. Discrimination persisted 1. poll taxes- voided by USSCT in 1966 Harper v. Virginia State Bd of Ed. 2. grandfather clause-literacy tests exempted for whites not former slaves- held Unc'l in 1915 by USSCT in Guinn v. US 3. white primaries excluded african americans from primary elections - USSCT held them Unc'l in 1944 in Smith v. AllWright
X. Voting Rights Act of 1965 A. prohibits any government from using voting procedures that denies a person the vote based on race or color B. abolished literacy requirements for anyone who had finished 6th grade
XI. Other Ethnic Groups A. native Americans B. Hispanic Americans C. Asian Americans
XII. Women's Rights - the 19th Amendment A. Ratified in 1920 B. Granted women the right to vote C. Equal Rights Amendment - failed to be adopted 1. Introduced in Congress 1923 2. Passed by Congress 1978 a. sent to states legislatures for ratification b. failed to acquire the support from 3/4 of the states as required for ratification 3. Perceived as a threat to families, women's exemption from the draft, D. Landmark decisions dealing with gender discrimination: 1. created intermediate scrutiny for gender 2. Void: a. laws giving husbands exclusive control over family property b. employers rules denying women equal retirement benefits because the live longer c. alimony to women only d. higher drinking age for men e. setting higher age for attaining majority for men f. setting arbitrary weight and height requirements g. mandatory pregnancy leaves h. exclusion from federally subsidized education programs ie. colleges, military academies 3. Comparable worth - issue raided when women paid less for doing work requiring comparable skill 4. Harassment - landmark decisions a. harassment that is so pervasive as to create a hostile or abusive work environment is a form of gender discrimination which is forbidden by the 1964 Civil Rights act .
XIII. Other Groups seeking protection: A. Aged B. Young C. Disabled 1. ADA of 1990 2. Difficulty defining "disabled" 3. Difficulty with the cost of compliance
XIV. Affirmative action 1. Policy intending to give special attention or compensatory treatment to members of a p previously disadvantaged group 2. Regents of the University of California v. Bakke a. Reverse discrimination case b. USSCT ruled that race or ethnic background can be one element to be weighed fairly against other elements in the selection process--but cant sent quotas for a specific group 3. Adarand Constructors v. Pena (1995) USSCT held that affirmative action programs which classify people by race even for benign purposes are presumed to be Unc'l, using strict scrutiny standard
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