13th Amendmendment

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13th Amendmendment Neither slavery nor
involuntary servitude, except as a punishment for
a crime whereof the party shall have been duly
convicted, shall exist within the United States,
or any place subject to their jurisdiction.
Passed by Congress in January 1865 and ratified
by three-quarters of the states within a year,
the Thirteenth Amendment irrevocably abolished
slavery throughout the nation - including those
areas in which the Emancipation Proclamation had
not applied. The second section empowered
Congress to enforce the amendment some
Republicans felt that this authorized Congress to
define the rights to which former slaves were
entitled.
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Amendment XV Section 1. The right of citizens of
the United States to vote shall not be denied or
abridged by the United States or by any state on
account of race, color, or previous condition of
servitude. Section 2. The Congress shall have
power to enforce this article by appropriate
legislation.
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The Enforcement Act of 1870
This Act was designed to protect black voters.
Unfortunately, those who witnessed such
violations were usually unwilling to testify so
further legislation was soon necessary. There was
a Second Enforcement Act in 1871(entitled
everyone to full enjoyment of public
accommodations ) and a Third Enforcement Act,
also in 1871, which served the same basic
purposes. This Third Act strengthened sanctions
against those who impeded black suffrage. It gave
the President the right to use federal forces to
enforce the law. (These Acts were also known as
the Ku Klux Klan Acts)
Enforcement Act, 1870
Ku Klux Klan attacking black family inside their
home.
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In 1883, The United States Supreme Court ruled
that the Civil Rights act of 1875, forbidding
discrimination in hotels, trains, and other
public spaces, was unconstitutional and not
authorized by the 13th or 14th Amendments of the
Constitution.
NOTEAfter 1875, Congress didn't pass another
civil rights bill until 1957.
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30-year-old Black shoemaker named Homer Plessy
was jailed for sitting in the "White" car of the
East Louisiana Railroad. Plessy was only
one-eighths Black and seven-eighths white, but
under Louisiana law, he was categorized Black and
therefore required to sit in the "Colored" car.
Plessy went to court and argued, in Homer Adolph
Plessy v. The State of Louisiana, which the
Separate Car Act violated the Thirteenth and
Fourteenth Amendments to the Constitution. In
1896, the Supreme Court of the United States
heard Plessy's case and found him guilty once
again. The Plessy decision set the precedent
that "separate" facilities for blacks and whites
were constitutional as long as they were "equal."
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Brown v. Board of Education of Topeka (1954)
U.S. Supreme court held that public school
segregation of races violates the equal
protection clause of the Fourteenth Amendment.
After Brown v. Board of Education the Supreme
Court essentially told lower federal courts that
they had to take an activist role in society
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With All Deliberate Speed
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"School integration"
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Alex Wilson is kicked by a school integration
protester after refusing to run from a mob near
Little Rock Central High.
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De Facto Segregation - segregation because of
previous conditions, not deliberate government
intention. De Jure Segregation - racial
segregation - that occurs because of laws or
governmental decisions.
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During his signing of the landmark Civil Rights
Act of 1964, President Lyndon B. Johnson shook
hands with the Rev. Martin Luther King Jr.
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Equal Employment Opportunity Commission The EEOC
was created by the Civil Rights Act of 1964 and
can issue regulations, but they do not have the
force of law
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Voting Rights Act of 1965 The Act eliminated
discriminatory voter registration tests. As a
result the number of African Americans registered
to vote climbed dramatically
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Civil Rights Act of 1968 Followed shortly after
Kings assassination and forbade discrimination
in housing.
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Lucy Burns
Alice Paul
Congressional Union for Women Suffrage
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Betty Friedans The Feminine Mystique described
the unequal status of women in the United States
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After the fight for the Equal Rights Amendment,
various womens groups addressed the issues of
domestic violence, abortion rights, pornography,
and state and national laws to guarantee the
equality of women all of the following issues
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Concerning sexual harassment, the Supreme Court
has ruled that sexual harassment can occur when
words or actions of a sexual nature interfere
with the employees work or create a hostile
environment.
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Affirmative Action
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In the mid 1970's Allan Bakke, a white graduate
student, protested his inability to enter medical
school at the University of California at Davis.
He arugued that affirmative action programs
prevented him from entering and were denying him
his rights under the 13th and 14th amendments of
the Constitution. It was during the 1970's that
there were protests of "reverse discrimination"
or giving of preference to minorities over
"whites" in many facets of life. The court case
reached the Supreme Court and was settled by a
split 5-4 decison in favor of Bakke. The court
said racial quaotas must be eliminated but as
Supreme court Justice Lewis Powell commented the
" ..race can be a factor but only one of many to
achieve a balance." In other words race could not
be a decisive factor in admitting or excluding
applicants. Affirmative action policies continued
but was further defined.
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Adarand Constructors, Inc. v. Peña
All racial classifications, imposed by whatever
federal, state, or local government actor, must
be analyzed by a reviewing court under a standard
of "strict scrutiny," the highest level of
Supreme Court review (such classifications are
constitutional only if they are narrowly tailored
measures that further compelling governmental
interests).
To pass strict scrutiny, the law or policy must
satisfy three prongs First, it must be justified
by a compelling governmental interest. While the
Courts have never brightly defined how to
determine if an interest is compelling, the
concept generally refers to something necessary
or crucial, as opposed to something merely
preferred. Examples include national security,
preserving the lives of multiple individuals, and
not violating explicit constitutional
protections. Second, the law or policy must be
narrowly tailored to achieve that goal or
interest. If the government action encompasses
too much (over-inclusive) or fails to address
essential aspects of the compelling interest
(under-inclusive), then the rule is not
considered narrowly tailored. Finally, the law
or policy must be the least restrictive means for
achieving that interest. More accurately, there
cannot be a less restrictive way to effectively
achieve the compelling government interest, but
the test will not fail just because there is
another method that is equally the least
restrictive. Some legal scholars consider this
'least restrictive means' requirement part of
being narrowly tailored, though the Court
generally evaluates it as a separate prong.
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Adarand Constructors, Inc. v. Peña
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Affirmative Action Information Supreme Court
Decision In a 5-4 opinion, the high court upheld
the University of Michigan Law School's policy of
reviewing each application individually and
considering race along with a number of other
factors. In a separate ruling, the court struck
down the University of Michigan's policy of
giving undergraduate minority applicants extra
points toward admission because of their race.
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The Age Discrimination in Employment Act of 1967
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The Americans with Disabilities Act (ADA) of 1990
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Facts About the Americans with Disabilities
Act Title I of the Americans with Disabilities
Act of 1990, which took effect July 26, 1992,
prohibits private employers, state and local
governments, employment agencies and labor unions
from discriminating against qualified individuals
with disabilities in job application procedures,
hiring, firing, advancement, compensation, job
training, and other terms, conditions and
privileges of employment. An individual with a
disability is a person who Has a physical or
mental impairment that substantially limits one
or more major life activities Has a record of
such an impairment or Is regarded as having
such an impairment. A qualified employee or
applicant with a disability is an individual who,
with or without reasonable accommodation, can
perform the essential functions of the job in
question. Reasonable accommodation may include,
but is not limited to Making existing facilities
used by employees readily accessible to and
usable by persons with disabilities. Job
restructuring, modifying work schedules,
reassignment to a vacant position Acquiring or
modifying equipment or devices, adjusting
modifying examinations, training materials, or
policies, and providing qualified readers or
interpreters. An employer is required to make an
accommodation to the known disability of a
qualified applicant or employee if it would not
impose an "undue hardship" on the operation of
the employer's business. Undue hardship is
defined as an action requiring significant
difficulty or expense when considered in light of
factors such as an employer's size, financial
resources and the nature and structure of its
operation. An employer is not required to lower
quality or production standards to make an
accommodation, nor is an employer obligated to
provide personal use items such as glasses or
hearing aids. MEDICAL EXAMINATIONS AND
INQUIRIES Employers may not ask job applicants
about the existence, nature or severity of a
disability. Applicants may be asked about their
ability to perform specific job functions. A job
offer may be conditioned on the results of a
medical examination, but only if the examination
is required for all entering employees in similar
jobs. Medical examinations of employees must be
job related and consistent with the employer's
business needs. DRUG AND ALCOHOL ABUSE Employees
and applicants currently engaging in the illegal
use of drugs are not covered by the ADA, when an
employer acts on the basis of such use. Tests for
illegal drugs are not subject to the ADA's
restrictions on medical examinations. Employers
may hold illegal drug users and alcoholics to the
same performance standards as other employees.
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The Significance of the Stonewall Inn
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Lawrence v. Texas
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The Defense of Marriage Act of 1996
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