American Federal Government Lecture 2/10/16
American Federal Government Lecture 2/10/16 P SC 1113-030
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This 4 page Class Notes was uploaded by Elizabeth Ennis on Sunday February 14, 2016. The Class Notes belongs to P SC 1113-030 at University of Oklahoma taught by Professor Justin Wert in Spring 2016. Since its upload, it has received 14 views. For similar materials see American Federal Government in Political Science at University of Oklahoma.
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Date Created: 02/14/16
Week 3 civil rights and liberties Wednesday February 102016 1231 PM 1 Definition of civil rights rights guaranteed and enforced by the government due process voting equal protection 2 Problem of constitutional interpretation a Silent equality not mentioned until 1868 in the 14th amendment b Ambiguousdue process privileges and immunities c Who has the power National or state d Where is the power 3 Road map a Need to look historically at how we39ve succeeded and failed WRT equality 39 7 b Courts levels ofscrutiny A i Strict scrutiny compelling governmental interest that is narrowly tailored to the problem strictest scrutiny ii Intermediate scrutiny important governmental objectives and must be substantially related to the achievement ofthose objectives kinda strict 7 iii Rational basis scrutiny rationally related toa legitimate governmental interest not very strict c Congress i Often find power in Article 1 section 8 regulation of interstate commerce 4 Civil Rights civil War to 1965 a Dredd Scott v Sanford 1857 b 13th 14th 15th amendments 18651870 first time we really changed the constitution keeps slave states from treating African Americans like they did precivil war i 13th banned slavery ii 14th first time the word equality is used states can39t make or enforce any law that abride the rights ofany citizen equal protection ofthe law everyone has the right to due process congress has the powerto enforce the amendment with the right legislation iii 15th can not be prevented from voting because you are African American different than saying you have the right to vote c Reconstruction i Black codes 1 South treating African Americans like they did during slavery 2 After civil war south was held by gun to force African American equality stopped after the north pulled troops out in 1876 3 Segregation black and white schools bathrooms diners water fountains ii Freedman39s bureau 1 2 3 Organization that national government set up to bring freed slaves back into the economic and social life ofthe US Land distribution take slave owners land and give some of it to now freed slave a 40 acres ofland and a mule Only lasted a few years after the war very quickly abandoned our commitment to helping African American rights wanted to think of other things than the war war fatigue iii Hayestilden election 1876 1 2 3 One representing southern interest and one representing the north Pulled troops out of the south South went back to treating African Americans like they did during slavery iv Jim crow end of reconstruction to 1960s 1 2 3 4 BW water fountains literacy tests a tests put in place to keep African Americans from voting b to register to vote you had to take a literacy tests but most African Americans couldn39t read or write having to know every right and word in the Amendments asking difficult questions that basically no one could answer but whites didn39t have to take it Separate trains schools towns bathrooms diners buses Plessy v Ferguson 1896 a For the purposes of trains blacks and whites can39t ride in the same car b Challenged because it was unconstitutional but it was overruled separate bUt equal c Constitution never said you had to treat them equal 5 Civil Rights WWII to Present a War and civil rights i Whites fighting next to blacks during war see that they39re not that bad and start to fight segregation ii Desegregating the military has huge affect on the people iii Beating a veteran because he was in a white car as a black man began to upset the people b Interest groupsNAACP i National association foradvancement of colored people 1 Dedicated to challenging the idea of separate but equal in the legal system 2 Discriminating based on race should get the strictest scrutiny 3 Start first with discrimination in colleges and graduate schools a Happened a lot in the University of Missouri University of Texas OU etc c LegalCourt challenges to Jim Crow 1 i Brown v board of education 1954 1 Challenged laws in many states that said that blacks and whites can39t go to school together very prominent in the south actually a real state law law on the books 2 Challenged the notion that separate but equal was constitutional ii Massive resistance in south 1 Very negative iii Party realignment 1 Democatics and Republicans have their roots in civil contrivarsy 6 Current issues a Civil rights act of 1964 i Congress has the power to regulate interstate commerce so they can regulate equality b Voting rigths act of 1965 i Formal declaration of being able to enforce treatment of voters c Affirmative action i How to continue equality in the US ii Affirmative actions to regress past grievences on groups iii thlllr l if have cfrirf crrllfiml WW m M W a d Gay rights e gender J1 Audio 1 Audio recording started 1234 PM Wednesday February 10 2016
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