Chapter 21 Civil Rights: Equal Justice Under Law

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Chapter 21Civil RightsEqual Justice Under Law
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Section 1Diversity and Discrimination in
American Society

• Objectives
• Understand what it means to live in a
  heterogeneous society.
• Summarize the history of race-based
  discrimination in the United States.
• Examine discrimination against women in the past
  and present.

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Section 1Diversity and Discrimination in
American Society

• Why It Matters
• The Declaration of Independence declares that
  all men are created equal, but this nation
  still struggles to meet that ideal. Race-based
  and gender-based discrimination have declined in
  this country, but they certainly have not
  disappeared.

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Section 1Diversity and Discrimination in
American Society

• Political Dictionary
• Heterogeneous
• Immigrant
• Reservation
• Refugee
• Assimilation

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Section 1Diversity and Discrimination in
American Society

• A Heterogeneous Society
• A very mixed population.
• 1790 census 3,929,214
• 4 out 5 were white
• Influx of immigrants changed the mix.
• The birth rate of minorities was higher.
• Women outnumber men

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Section 1Diversity and Discrimination in
American Society

• Race-Based Discrimination
• African Americans
• Second largest minority in the U.S.37m. Or 12
• Residue of slavery and oppression
• Constitutional guarantees13th, 14th, 15th
  Amendments
• Civil Rights Act of 1964Dr. Martin Luther King,
  Jr.
• Voting Rights Act of 1965

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Section 1Diversity and Discrimination in
American Society

• Race-Based Discrimination (cont)
• Native Americans
• Once over 1mdecreased to 250k by 1900
• Disease
• 2.7m today1/3 on reservations
• Poverty, joblessness, and alcoholism

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Section 1Diversity and Discrimination in
American Society

• Race-Based Discrimination (cont)
• Hispanic Americans (Latinos)largest minority
  group
• Complex groupwhite, mestizo, black/mulatto
• Mexican Americans18m (half of group)
• Mostly in SouthwestChicanos
• Puerto Ricans3min Northeast
• Cuban Americans1min South Florida
• Central and South Americans3mrefugees
• Nicaragua, El Salvador, Guatemala, Colombia,
  Chile, and the Dominican Republic

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Section 1Diversity and Discrimination in
American Society

• Race-Based Discrimination (cont)
• Asian Americans11mmajority in Hawaii and 10 of
  California
• Discriminationdifficult assimilation
• Chinese were first in the 1850s and 1860s
• Chinese Exclusion Act of 1882blocked Asian
  emigration for 80 years
• Japanese internment in World War II120k
• 4m have come since revised immigration act in
  1965

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Section 1Diversity and Discrimination in
American Society

• Discrimination Against Women
• Seneca Falls Convention of 1848
• Under-representation in lawmaking
• Equal Pay Act of 1963
• Civil Rights Act of 1964
• 80 of male pay for same job and qualifications.
• Equal Rights Amendment to Constitution failed

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Section 2Equality Before the Law

• Objectives
• Explain the importance of the Equal Protection
  Clause.
• Describe the history of segregation in America.
• Examine how classification by sex relates to
  discrimination.

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Section 2Equality Before the Law

• Why It Matters
• The law includes safeguards to protect Americans
  from unfair discrimination on the basis of race
  or sex. The most important protections lie in
  the 5th and 14th amendments and the Civil Rights
  Act of 1964.

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Section 2Equality Before the Law

• Political Dictionary
• Segregation
• Jim Crow law
• Separate-but-equal doctrine
• Integration
• de jure segregation
• de facto segregation

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Section 2Equality Before the Law

• Equal Protection Clause
• Equality ideas of the Declaration were not
  literal in the Constitution but implied.
• 14th and 5th amendments extend the language
• Classification of citizens is permitted but must
  be reasonable

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Section 2Equality Before the Law

• Equal Protection Clause (cont)
• The Rational Basis Test
• Does the classification in question bear a
  reasonable relationship to the achievement of
  some proper governmental purpose?
• Mark Foleys e-mails?
• Adult relationships with minors?
• The Strict Scrutiny Test
• A higher standard for some equal protection
  cases.
• Travel between states, right to vote, etc.

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Section 2Equality Before the Law

• Segregation in America
• Jim Crow Laws started in the 1880s
• Separate-but-Equal Doctrine
• Plessy v. Ferguson1896 in Louisianaseating in
  rail coaches
• Brown v. Board of Education1954unanimous Court
  ruling reversed Plessy
• Massive resistance to block integration
• Pace increased after the Civil Rights Act of 1964
• Alexander v. Holmes County Board of
  Education1969ended toleration of the slow pace
  of integration.

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Section 2Equality Before the Law

• Segregation in America (cont)
• De Jure, De Facto Segregation
• De Jure means lawfulany laws perpetuating
  segregation were swept away.
• De Factomeans without law
• School district lines---busing
• Segregation in Other Fields also ended
• Prisons, swimming pools, recreation facilities,
  interracial marriages, child custody,
  transportation, etc.

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Section 2Equality Before the Law

• Classification by Sex
• Gender laws and interpretations have changed
  dramatically over time. Few instances remain
  where discrimination is permitted.
• One major area is the all-male military draft.

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Section 3Federal Civil Rights Laws

• Objectives
• Outline the history of civil rights legislation
  from Reconstruction to today.
• Explore the issues surrounding affirmative action.

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Section 3Federal Civil Rights Laws

• Why It Matters
• Little more than a generation ago, race-based
  discrimination was not only widespread in this
  country, much of it was legaland evidences of
  that fact are with us yet today.

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Section 3Federal Civil Rights Laws

• Political Dictionary
• Affirmative action
• Quota
• Reverse discrimination

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Section 3Federal Civil Rights Laws

• Civil Rights Reconstruction to Today
• 13th Amendment in 1865 freed slaves
• 14th Amendment in 1868 gave citizenship/due
  process under law
• 15th Amendment in 1869 gave the former slaves the
  right to vote.
• No power to enforce the amendments
• No other major civil rights laws were passed
  until the 1950s

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Section 3Federal Civil Rights Laws

• Civil Rights Reconstruction to Today (cont)
• Civil Rights Acts of 1957, 1960, 1964, and 1968
• Voting Rights Acts of 1965, 1970, 1975, and 1982
• Extended for 25 years in 2006

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Section 3Federal Civil Rights Laws

• Civil Rights Reconstruction to Today (cont)
• The Civil Rights Act of 1964
• 83 days of debate
• 1. No person may be denied access to or refused
  service in various public accommodations
  because of race, color, religion, or national
  origin (Title II).

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Section 3Federal Civil Rights Laws

• Civil Rights Reconstruction to Today (cont)
• The Civil Rights Act of 1964
• 2. prohibit discrimination against any person on
  grounds of race, color, religion, national
  origin, sex, or physical disability in any
  program which receives federal funds to any
  program that practices such discrimination (Title
  VI).

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Section 3Federal Civil Rights Laws

• Civil Rights Reconstruction to Today (cont)
• The Civil Rights Act of 1964
• 3. forbid employers and labor unions to
  discriminate against any person on grounds of
  race, color, religion, sex, physical disability,
  or age in job-related matters (Title VII).
• The Civil Rights Act of 1968--housing

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Section 3Federal Civil Rights Laws

• Protected Classes
• Race
• Ethnicity
• Religion or sect
• Color
• National Origin
• Age (40 and over)

• Sex
• Sexual Orientation
• Disability Status
• Veteran Status
• Gender
• Political Affiliation

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Section 3Federal Civil Rights Laws

• Affirmative Action
• Controversial
• Often used quotas
• Reverse Discrimination
• Should the Constitution be color blind?
• Regents of the University of California v. Bakke
• Race may be used as a factor but not the only
  factor in making affirmative action decisions

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Section 3Federal Civil Rights Laws

• Affirmative Action (cont)
• Later casesmixed rulings
• minority set-asides are sometimes part of laws
  and have been upheld.
• Sandra Day OConnorThe Constitution protects
  persons, not groups . . .
• The Michigan cases
• Broad rules may include affirmative action
• Cases must be reviewed individually

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Section 3Federal Civil Rights Laws

• Affirmative Action on the Ballot
• 1996--Proposition 209 in California outlawed
  affirmative actionchallenged in court but
  upheld.
• 1998the State of Washington also enacted a
  measure to outlaw affirmative action.

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Section 4American Citizenship

• Objectives
• Identify the questions surrounding American
  citizenship.
• Describe how people become American citizens by
  birth and by naturalization.
• Explain how an American can lose his or her
  citizenship.
• Illustrate how the United States is a nation of
  immigrants.
• Compare and contrast the status of undocumented
  aliens and legal immigrants

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Section 4American Citizenship

• Why It Matters
• A person can become an American citizen either at
  birth or through the process of naturalization.
  As immigration to the United States has surged
  over the past few decades, record numbers of
  immigrants have become American citizens.

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Section 4American Citizenship

• Political Dictionary
• Citizen
• jus soli
• jus sanguinis
• Naturalization
• Alien
• Expatriation
• Denaturalization
• Deportation

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Section 4American Citizenship

• The Question of Citizenship
• Unclear in the Constitution it was clarified by
  the 14th Amendment in 1866.
• Citizenship by Birth
• jus soli or law of the soil
• 50 states, territories, embassies, American
  vessels
• Until 1924 it excluded Native Americans on
  reservations.
• jus sanguinis or law of blood
• One or more parents who are citizens

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Section 4American Citizenship

• Citizenship by Naturalization
• 800,000 aliens each year
• Learn about Americabe investigatedtake an oath
  in open court.
• Collective Naturalization
• 1868-14th Amendment
• To entire states or territories

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Section 4American Citizenship

• Loss of Citizenship
• Expatriationcan be voluntary but not compelled
  (some rights can be lost if you go to prison)
• Naturalized citizens can be denaturalizedafter
  fraud or deception
• Marriage to a citizen does not guarantee
  citizenshipit only speeds the process.

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Section 4American Citizenship

• A Nation of Immigrants
• 70m since 1820
• Regulation of Immigration
• A federalnot state--function
• Not much regulation until 1890
• Immigrant source shifted to southern and eastern
  Europe
• Chinese (and other undesirables) Exclusion Act of
  1882
• Quotas were established in the 1920s

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Section 4American Citizenship

• A Nation of Immigrants (cont)
• Present Immigration Policies
• 675,000 allowed each year
• Family preference favors 1/3 of them
• Valuable occupational talents are favored
• 20 million nonimmigrants come for temporary stays
  (students, tourists, etc.)

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Section 4American Citizenship

• A Nation of Immigrants (cont)
• Deportationapplies to aliens
• Illegal entry
• Conviction of a serious crime
• A civil and not a criminal action---therefore
  constitutional safeguards do not applybail and
  ex post facto laws.

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Section 4American Citizenship

• Undocumented Aliens
• Maybe 12 million todaylargest number from Mexico
• A Troublesome Situation
• Necessary workers in agriculture and as laborers
  in less attractive work.
• Current Law
• 1986 amnesty2 million became citizens
• Employers can be fined for hiring aliens
• The question of public benefits???

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Section 4American Citizenship