Ch. 5 Notes Civil Rights
Ch. 5 Notes Civil Rights P SC 1113
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Date Created: 10/12/15
Chapter 5 Civil Rights Week 4 Notes for American Federal Government P SC 1113 Chapter Notes Vocabulary civil rights the rights of all Americans to equal treatment under the law as provided by the Fourteenth Amendment to the Constitution equal protection clause Section 1 of the Fourteenth Amendment which states that no state shall deny any person within its jurisdiction the equal protection of the laws fundamental right a basic right of all Americans such as First Amendment rights Any law or action that prevents some group 0 persons from exercising a fundamental right is subject to the strict scrutiny standard rational basis test a test also known as the ordinary scrutiny standard used by the Supreme Court to decide whether a discriminatory law violates the equal protection clause of the Constitution It is used only when there is no classi cation such as race or gender that would require a higher level of scrutiny strict scrutiny standard a standard under which a law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet their interest suspect classi cation a classi cation such as race that provides the basis for a discriminatory law Any law based on a suspect classi cation is subject to strict scrutiny by the courts meaning that the law must be justi ed by a compelling state interest busing the transportation of public school students by bus to schools physically outside their neighborhoods to eliminate school segregation based on residential patterns civil disobedience the deliberate and public act of refusing to obey laws thought to be unjust civil rights movement the movement in the 19505 and 19605 by minorities and concerned whites to end racial segregation defacto segregation racial segregation that occurs not as a result of government actions but because of social and economic conditions and residential patterns dejure segregation racial segregation that occurs because of laws or decisions by government agencies separatebutequal doctrine a Supreme Court doctrine holding that the equal protection clause of the Fourteenth Amendment did not forbid racial segregation as long as the facilities for blacks were equal to those for whites m a tactic of nonviolent civil disobedience Demonstrators enter a business college building or other public place and remain seated until they are forcibly removed or until their demands are met feminism a doctrine advocating full political economic and social equality for women glass ceiling an invisible but real discriminatory barrier that prevents women and minorities from rising to top positions of power or responsibility sexual harassment unwanted physical contact verbal conduct or abuse of a sexual nature that interferes with a recipient s job performance creates a hostile environment or carries with it an implicit or explicit threat of adverse employment consequences suffrage the right to vote the franchise affirmative action a policy that gives special consideration in jobs and college admissions to members of groups that have been discriminated against in the past quota system a policy under which a speci c number of j obs promotions or other types of placements such as university admissions are given to members of selected groups reverse discrimination discrimination against those who have no minority status The Equal Protection Clm Strict Scrutiny Any law that denies a group of persons their fundamental rights goes under strict scrutiny by the Supreme Court Under this standard the law must be necessary to promote a compelling state interest Intermediate Scrutiny Under intermediate scrutiny a genderbased law must be related to the achievement of an important government objective Since the 197 Os the Supreme Court has ruled most genderbased laws to be unconstitutional The Rational Basis Test Ordinary Scrutiny The rational basis test is used when there is no classification such as race or gender that would require a higher level of scrutiny In these cases the courts must decide if the discrimination is rational such as requiring certain vendors to not sell in certain parts of the city African Americans Separate but Equal Determined after Plessy v Ferguson the separate but equal doctrine claimed that segregation was constitutional as long as the facilities for blacks were as good as the facilities for whites Violence and Vote Suppression Although the Fifteenth Amendment gave blacks the right to vote southern legislators found ways to prevent them from doing so e g literacy tests and poll taxes Violence was also used to prevent African Americans from voting The Ku KluX Klan and other whites threatened blacks who tried to vote with lynching The Brown Decisions and School Integration Brown v Board of Education effectively destroyed the separate but equal doctrine when it came to public education Integration of schools was difficult as many white families moved their children to private schools and state governments did their best to prevent segregation from occurring It took the federal government stepping in and the abolishment of all de sure segregation to finally integrate the schools Busing the transport of students to schools far away to integrate the schools was instated but was widely unpopular and eventually rejected The Civil Rights Movement The arrest of Rosa Parks helped to kick off the Civil Rights Movement After Martin Luther King Jr led a protest against the segregation of buses in Alabama the Civil Rights Movement had begun Sit ins were a major nonviolent tactic used by protestors to reverse segregation in establishments such as restaurants Images of the nonviolent protestors being assaulted by police caused an uproar throughout the nation The Civil Rights Act of 1964 forbade discrimination based on race color religion gender or national origin Not all activists were nonviolent such as Malcolm X who was a strong advocator of black power African Americans in Politics Today Percentages of African Americans holding political offices have risen in the past decades Of course in 2008 Barack Obama became the first African American President The Supreme Court made a ruling that weakened the Voting Rights Act Many were concerned that the turnout of lower income persons and minorities would be low but it remained equal to whites possibly out of anger at being mistreated m The Struggle for Voting Rights Voting rights were originally the only goal for women activists World War I provided many opportunities for women to do jobs usually occupied by men as most of the men were fighting overseas After the war the Nineteenth Amendment gave women the right to vote The Feminist Movement Feminism the desire for full equality for women was inspired by the civil rights movement and the campaign against the Vietnam War in the 1960s Although the Equal Rights Amendment of the 197 Os failed the Courts started to rule in favor of women s rights stating that discrimination against women was unlawful according to equal protection under the Fourteenth Amendment The feminist movement also took up other issues important to women such as domestic violence and abortion Women in American Politics Today Women are still underrepresented in government today but the numbers are steadily growing Women in the Workplace In spite of the Equal Pay Act in most positions women make 77 cents to a man s dollar It is also very difficult for women to be promoted to high ranking positions due to prejudice Sexual harassment has become far more controlled and the courts will take action against employers who do not take reasonable care in preventing sexual harassment in the workplace Sexual assault on college campuses is also a major issue and only recently has their been any attempt to mitigate the problem Securing Rights for Other Groups Latinos Economically Latinos are typically among the working poor because of language barriers and lack of training Typically Latinos support the Democratic party because they are more in favor of government assistance Cubans on the other hand tend to support the Republicans because of their history with communism in communist Cuba Republicans stance against immigration has pushed most Latinos towards the Democrats As more Latinos become citizens and the young Latinos reach voting age latinos are becoming increasingly involved in politics Asian Americans Following the bombing of Pearl Harbor Japanese Americans were treated even more poorly than they had been before the war Many were given curfews and many west coast Japanese Americans were forced into internment camps In 1988 Congress raised funds to compensate former camp inhabitants Asians are considered the model minority They have the highest median income and median education out of the minorities Native Americans When Europeans rst came to the New World the disease they brought with them wiped out the Native American population from possibly 8 million to 500000 In the late 18th century Congress ruled the Native American tribes as foreign nations meaning they had no rights under US law With the 14th amendment citizenship was finally extended to the Native American tribes Originally Native Americans were to be left alone but once whites decided they wanted their land they began to assimilate the natives taking their land and putting their children into boarding schools where they were taught English and European culture Native Americans have a difficult time organizing against the government because they are so scattered However there have been a few movements to protest how poorly Native Americans are treated by the government Since the late 20th century as more Americans have become aware of the injustices against Native Americans several laws have been passed to try to compensate Native Americans and help them to a better life However most Native Americans are still impoverished today Obtaining Rights for Persons with Disabilities The Americans with Disabilities Act ADA requires that all public building be completely accessible to disabled people It also requires employers to make accommodations for potential employees who are disabled but otherwise quali ed for the job Gay Men and Lesbians In 2003 all sodomy laws were overturned by the Supreme Court because they went against the 14th amendment Most states now have anti discrimination laws speci cally for gay men and lesbians In the past two decades support for same sex marriage has more than doubled Many states either through congressional or popular vote or court rulings have now legalized same sex marriage The military policy of don t ask don39t tell implemented in 1993 was repealed by the Supreme Court in 2011 allowing openly gay men and women into the military Beyond Equal Protection Affirmative Action Strict Scrutiny Applied To be constitutional af rmative action must be narrowly tailored to meet a compelling government incentive The Diversity Issue At the University of Michigan two white students not admitted alleged reverse discrimination In fact any applicant with a minority background was automatically given one fth of the points necessary to gain admission The Court ruled that this violated the equal protection clause When the same complaint was brought against the University of Michigan s law school the Court ruled that the policy was constitutional because it was not derived from a point system and was working toward diversity State Actions Several states have since banned af rmative action policies due to the issues they created In Texas policies were put into place to attract minorities to universities without giving them spots outright The University of Texas will automatically admit any student in the top 7 of their graduating class This gives any student who is willing to work hard the opportunity to attend a wellrespected university Lecture Notes Goal 39 Consider how attitudes toward groups play out electorally 39 Consider the underrepresentation issue and whether or not bias drives it 39 Consider how types of prejudice affect extension of rights described in GOVT The Data on Race and Ethnicity 1958 35 percent willing to support a wellquali ed African American presidential candidate 39 1997 and beyond 90 percent plus Recent surveys similar willingness to support Latino candidates 39 2011 Pew Survey 85 percent said candidate race wouldn t matter others say it helps or hurts 2016 How might Hilary Clinton s gender help or hurt her if at all in a run for the White House in 2016 The Data on Gender 39 1937 13 of Americans willing to support a wellqualified woman presidential candidate 39 1950s and 1960s climbs to 50 percent 39 Women s movement drives sharp upward movement 39 By 1999 up to 92 percent Explaining Fluctuations 39 A 2002 survey showed that 65 percent of respondents would vote for a quali ed woman candidate nominated by their party for the presidency 7 percent said no 28 percent were unsure What explains the differences between 1999 and 2002 Gender Stereotyping 39 Same poll 35 percent said men would be more competent punishing those responsible for 9 1 1 39 Same poll 40 percent say men would do a better job protecting the homeland 39 By 2011 back up to 93 percent willingness The Data on Religion 39 Increasing acceptance of voting for well quali ed Jewish candidate from 45 in 1937 to 80 now Catholic from 60 in 1937 to 85 candidate over time Same can t be said for wellqualified Mormon candidates about 34 of Americans in 1967 similar numbers today 39 Struggling for acceptance Muslim candidates and atheists 39 49 percent say the fact that a candidate is Muslim wouldn39t affect their vote 46 percent say it would make them less likely to support 39 33 percent say the fact a candidate is atheist wouldn39t affect their vote 61 percent say it would make them less likely to support The Data on Sexual Orientation 39 Increasing openness on candidates mirrors increasing openness in general 39 1978 a quarter of Americans would be willing to vote for a well qualified gay or lesbian candidate 39 2007 46 percent 2011 67 percent Encouraged Discouraged Positive trends 39 Negative meaningful minority especially given closeness of elections still hesitant Another negative levels of implicit prejudice Hypotheticals and Realities 39 Numbers can be overcome right times right issues right candidates Successful examples can further overcome the hesitant 39 End result underrepresentation dissipates a bit Principles versus Practice In general concept of equal rights receives strong support 39 Related policy solutions don t poll as well Similar to ndings on liberties Race Principles and Practice 1942 only 13 of whites wanted integrated schools 39 1995 95 percent of whites support integrated schools 39 Policy solution of busing students wildly unpopular 39 Af rmative action another issue where support eXists in principle less so in practice preferences quotas Sexual Orientation Principles and Practice 1977 56 percent say gays and lesbians should have equal rights to job opportunites 39 By 2008 90 percent agree Policy solution of banning employment discrimination not universal 39 Suppport for protecting sameseX relationships always and still lags behind 39 Samesex marriage an instance of courts outpacing public
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