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POSI 2310 Ch 5

by: Marissa

POSI 2310 Ch 5 2310

Texas State
GPA 3.3
Principles of American Government
Joshua Quinn

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Notes on Chapter 5 - Equal Rights: Struggling Toward Fairness
Principles of American Government
Joshua Quinn
Class Notes
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This 4 page Class Notes was uploaded by Marissa on Wednesday September 16, 2015. The Class Notes belongs to 2310 at Texas State University taught by Joshua Quinn in Summer 2015. Since its upload, it has received 68 views. For similar materials see Principles of American Government in Political Science at Texas State University.

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Date Created: 09/16/15
POSI 2310 Ch 5 Equal Rights Struggling Toward Fairness 0 Equal rights pertains to groups of people 0 Latest equal rights issue sexual orientation and gender identity I Equality through Law a The Fourteenth Amendment equalprotection clause forbids states from denying equal protection to citizens i Doesn t require the government to treat everyone fairly b Segregation in the schools i Plessy v Ferguson 1896 gave the idea of separate but equal ii Brown v Board of Education of Topeka 1954 banned forced segregation in schools 1 1949 first black woman enters law school in Oklahoma iii Little change to segregation 15 years later 1 90 of black children still attend all black schools iv Supreme Court encouraged busing as solution to segregation highly controversial mixed results 1 Test scores improved but routes were longer 2 Racism between children decreased v Busing ended by 2007 Still substantial segregation vi Schools funded by property taxes so poor people get a poor education 1 Not a race issue but an economics issue c Judicial tests of equal protection i Reasonablebasis test 1 Not suspect category of law assumed constitutional unless no sound rationale for the law can be provided applies to age income etc a Age discrimination can t drink if under 21 but law is legal b Not suspect category of law constitution allows discrimination ii Strictscrutiny test 1 Suspect category of law assumed unconstitutional in the absence of an overwhelming justification 2 Applies to race ethnicity etc suspect classification a Loving v Virginia 1967 a white man and black woman are married They return to Virginia and are arrested for breaking the law Court justified the arrest and said it didn t violate equal protection because both whites and nonwhites were punished equally iii Intermediate scrutiny 1 Almost suspect assumed unconstitutional unless the law serves a clearly compelling and justified purpose applies to gender a Women exempt from draft in military service d The Civil Rights Act of 1964 i Fourteenth Amendment prohibited discrimination by government not by individual ii Accommodations and jobs 1 Public accommodations cannot refuse to serve customers based on race 2 Most employers cannot refuse to consider applicants based on race a Religious schools can discriminate by religion when hiring teachers b Occupational discrimination can hire men only to sell men s clothing e The black civil rights movement i Impetus behind Civil Rights Act of 1964 1 Large number of people organized community pushed civil rights movement ii Busing boycott led by Dr Martin Luther King Jr 1 1955 Rosa Parks arrested test case to challenge laws 2 Dr King was a pastor lots of the civil rights movement began in churches iii March on Washington for Jobs and Freedom iv Strong resistance to Civil Rights Act but ultimately successful f The movement for women s rights i Seneca Falls 1 1848 New York City women banned from speaking at the floor of the antislavery movement 2 Started their own convention gained momentum with abolitionists ii Women acquire the right to vote in 1920 with Nineteenth Amendment iii The Equal Rights Amendment passed Congress but failed ratification by a narrow margin g Hispanic Americans and the farm workers strikes i Strikes in 1960s and 70s largely for migrant workers rights most success in California ii Cesar Chavez led hunger strikes iii Inspired by black civil rights but never gained the same speed not organized not enough people iv Most lived in shacks few schools h Native Americans and their longdelayed rights i Granted citizenship in 1924 ii 1968 Indian Bill of Rights 1 Extended constitutional rights to Indians iii Protests in 1970s greater control over own affairs iv Largest mass extinction of people when Europeans arrived i Asian Americans and immigration i Long tradition of immigration restriction ended 1965 1 1892 Asian immigration denied ii Some legal victories in field of education j Barring of whitesonly primaries 1940s k Twentyfourth Amendment prohibited poll taxes 1960s The Voting Rights Act of 1965 i Voting Rights Act of 1965 allowed federal agents to oversee voter registration ii States prevented from creating election districts that deliberately dilute the minority vote or to give it control iii Weakened significantly by the 2013 Supreme court decision Shelby County v Holder 1 Impacted the Voting Rights Act by removing the requirement that the state government had to ask before changing voting rules 2 States could change the voting laws without asking permission m The Civil Rights Act of 1968 i Addresses discrimination in housing ii Prohibition of redlining 1 Some banks refuse to give mortgage based on ethnicity iii Still strong patterns of housing segregation 1 Some areas in Austin are more minority heavy others are white heavy iv African Americans and Hispanics still have more difficulty obtaining mortgages than whites with comparable income levels n Affirmative action i Focus on quotequality of result 1 End discriminatory practice 2 Only applies to organizations that receive federal funding ii De facto discrimination 1 Social economic cultural biases discrimination 2 Just the way things are history of racism 3 Outcome controversial has not met high expectations iii De jure discrimination 1 Specific law discrimination 2 Written into law quotseparate but equal The Continuing Struggle for Equality a African Americans i Aftermath of the civil rights movement 1 Continuing high disparity in income a 40 black children still live below the poverty line 2 Discrepancies in convictions and sentencing a Six times the incarceration rate of whites sentences more harsh 3 High rate of dissolution of black families 4 Movement into political office b Women i Electoral and political successes 1 1981 Sandra Day O Connor first woman in Supreme Court 2 Last three Secretary of State s have been women ii Jobrelated issues 1 Lack ofjob equality 2 Family leave a Starting to apply to both men and women 3 Gender pay equity 4 quotFeminization of poverty a Single mother households from war on drugs crime etc c Native Americans i Suits to regain land 1 Population of two million half live onnear reservation ii Negative discrepancy in health wealth and education 1 Only half are as likely to complete college iii Casinos rising income but controversial 1 Draws them away from their cultural values can t use the money to improve conditions on reservations d Hispanic Americans i Immigration and legal residence issues 1 Ten million undocumented immigrants ii Fastest growing minority 1 Half claim Mexican heritage iii Electoral success 1 Tend to vote liberal except Cuban Americans 2 4000 offices 3 Sonia Sotomayor first Hispanic American Supreme Court Justice e Asian Americans i About 12 million Asian Americans 1 China Japan Korea Vietnam Philippines ii Emphasis on academic achievements in Asian American communities iii Upwardly mobile group 1 Education and cultural influence iv 5 in technical jobs but only 2 in managerial jobs f Gays and lesbians i Legal victories Romer v Evans Lawrence v Texas ii Don t Ask Don t Tell Repeal Act in 2010 gays and lesbians can now serve openly in the armed services iii 2013 Supreme Court invalidates part of the Defense of Marriage Act allowing samesex couples the same federal benefits as malefemale couples iv Samesex marriage recognized in several states through legislative and judicial action v Obergefell v Hodges 2015 1 Gay marriage legal in all 50 states g Other disadvantaged groups i Older Americans 1 Age Discrimination Act and Age Discrimination in Employment Act a Repealed previously mandatory age limits ii Disabled Americans 1 Americans with Disabilities Act a All government must take steps to accommodate people with disabilities Discrimination Surface Differences Deep Divisions a America s high ideals often clash with its history b Frequent tendency or desire to avoid retelling the negatives aspects of American history i Important to remember so we don t repeat it


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