American Politics- Week 5 of Notes
American Politics- Week 5 of Notes POLS 1110 - 003
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POLS 1110 - 003
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This 6 page Class Notes was uploaded by Makayla Prince on Monday February 15, 2016. The Class Notes belongs to POLS 1110 - 003 at University of North Carolina - Charlotte taught by Jason Giersch in Spring 2016. Since its upload, it has received 40 views. For similar materials see American Politics in Political Science at University of North Carolina - Charlotte.
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Date Created: 02/15/16
American Politics Notes Week 5 Struggle for Equality ● Conceptions of Equality ● The Constitution and Inequality Conceptions of Equality ● What does equality mean? Not “sameness” Not equal rewards or results Equality of opportunity Inalienable rights Constitution and Equality ● Fourteenth amendment Equal protection of the laws ● Standards of Review Reasonable Inherently suspect classifications Race and ethnicity Compelling public interest No other way to accomplish purpose of law Intermediate scrutiny Gender Substantial relationship to purpose What standard do laws that discriminate on the basis of race have to meet? ● Compelling government purpose African Americans’ Civil Rights ● Era of Slavery ● Era of reconstruction and segregation ● Equal education ● Civil rights movement and public policy ● Voting rights Era of Slavery ● 250 years of legal slavery ● Plantation owners had political influence ● Scott v. Sandford (1857) Slaves had no legal rights chattel Invalidated Missouri Compromise ● End of Slavery Union victory in Civil War Thirteenth amendment (1865) Era of Reconstruction and Segregation ● The first ten years Strict federal control of South African American men held office ● Jim Crowe Laws Segregation Cradle to grave Ku Klux Klan ● Plessy v. Ferguson (1896) Separate is okay as long as it is equal Private sector free to discriminate Equal Education ● Higher education McLaurin v. Oklahoma State Regents (1950) Sweatt v. Painter (1950) ● Elementary and Secondary Education Brown v. Board of Education (1954) Separate inherently unequal Overturned Plessy ● De jure versus de facto discrimination Civil Rights Movement and Public Policy ● Both black and White activists Nonviolent civil disobedience Television key to success ● Civil Rights Act of 1964 Private sector discrimination illegal Created EEOC ● Discrimination in housing Voting Rights ● Evading the fifteenth amendment Literacy tests Grandfather clause Poll taxes White primary ● Barriers fall Twentyfourth amendment (1964) Harper v. VA Board of Elections (1966) Voting Rights Act of 1965 Rights of Other MInority Groups ● Native Americans ● Hispanic Americans ● Asian Americans ● Arab Americans and Muslims Native Americans ● Oldest minority group ● 5.2 million ● History of poverty; discrimination ● Reservations ● Dawes Act of 1887 ● 1924: Citizenship Hispanic Americans ● Largest minority group ● 51 Million (16% of population) ● New Mexico, Texas, California ● Discrimination ● Hernandez v. Texas (1954) ● Illegal immigrants Children can attend public schools No consensus on national policies Asian Americans ● Fastestgrowing minority group 17 million (6% of population) Discrimination in education, jobs, housing, and in naturalization ● Korematsu v. United States (1944) WWII internment camps constitutional Apology/payments Arab Americans and Muslims ● Most feared minority 3.5 million Arabs/ 6 million Muslims Bias related attacks since 9/11 Discrimination ● Illegal detentions Habeas Corpus rights The Rights of Women ● Battle for the vote ● “Doldrums”: 19201960 ● Second Feminist wave ● Women in the workplace ● Wage discrimination and comparable worth ● Women in the military Battle for the Vote ● Seneca Fall Declaration of Sentiments and revolutions (July 19th, 1848) Like Declaration of Independence Only one signer lived to vote ● Nineteenth amendment (1920) Western states in vanguard “Doldrums”: 19201960 ● Voting rights only first step to equality Disagreement on other goals Social feminists Paternal protectionism rather than equality ● Equal Rights Amendment (ERA) Seen as a threat to family Second Feminist Wave ● Civil rights and feminism Parallels seen again Reed v. Reed (1971) Craig v. Boren (1976) National Organization for Women (NOW) ● Equal Rights Amendment (ERA) Defeated again Women in the Workplace ● Traditional family model disappearing Need new public policies ● Progress against discrimination Civil Rights Act of 1978 Title IX of Education Act of 1972 Wage Discrimination and Comparable Worth and Sexual Harassment ● Wage discrimination persists 80 cents for every dollar men earn ● Sexual harassment in the workplace Form of gender discrimination forbidden by Civil Rights Act of 1964 Retaliation prohibited Prevalent in maledominated fields Huge problem in the military Women in the Military ● Controversial Women serve in every branch 14% of active duty armed forces Allowed in academies since 1975 ● Gender differences in military Only men must register for draft Women forbidden from ground combat Difference between policy and practice Other Groups Active under the Civil Rights Umbrella ● Civil Rights and the Graying of America ● Civil Rights and people with disabilities ● Gay and Lesbian rights Civil Rights and the Graying of America ● Aging population 40 million over 65 (13% of population) 5.5 million over 85 and growing ● Social Security 65 arbitrary age Never meant to be adequate income ● Age discrimination Limited protection in law Civil Rights and People with Disabilities ● Direct and Indirect discrimination Public accommodations inaccessible ● Legal protections Rehabilitation Act of 1973 Education of All Handicapped Children Act of 1975 Americans with Disabilities Act of 1990 Gay and Lesbian Rights ● Toughest battle for equality Homophobia and violence ● Gay rights movement Stonewall 1969 Bowers v. Hardwick (1986) Boy Scouts Don’t ask, don’t tell Lawrence v. Texas (2003) Samesex marriage Affirmative Action ● Redressing past discrimination ● Equality of results ● Quotas and special rules ● Controversial ● Regents of the University of California v. Bakke (1978) ● Adarand Constructors v. Pena (1995) ● State bans on affirmative action programs ● California’s Proposition 209 (banned state affirmative action programs) Understanding Civil Rights and Public Policy ● Civil Rights and Democracy ● Civil Rights and the Scope of Government Civil Rights and Democracy ● Equality basic principle of democracy One citizen, one vote Conflict with individual liberty Favors majority rule ● Minorities can threaten majorities Women make up 53% of the population African American majorities in southern states during segregation ● The power of the vote Civil Rights and the Scope of Government ● What about limited government? Issues founders could not envision Government not exactly limited when it discriminated
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