LESSON 6.8: MODERN CIVIL RIGHTS. AP U. S. Government

Transcription

1 LESSON 6.8: MODERN CIVIL RIGHTS AP U. S. Government

2 CIVIL RIGHTS Is an increase in the scope of government to protect some people s rights an unacceptable threat to the rights of others? Civil Rights=Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

3 CIVIL RIGHTS AND CIVIL LIBERTIES Most Americans favor equality in the abstract yet the concrete struggle for equal rights under the Constitution has been our nation s most bitter battle Those people who enjoy privileged positions in American society have been reluctant to give them up

4 EQUALITY DEBATES Discrimination based on race, age, gender, disability, sexual orientation, and the disenfranchised

5 EQUALITY IN THE CONSTITUTION? Equality of opportunity is not in the original Constitution or the Bill of Rights 14 th Amendment (1868): forbids states from denying to anyone equal protection of the law

6 THE IMPORTANCE OF THE 14 TH AMENDMENT The Court didn t use the amendment to create equality in society until almost 100 years later to unshackle disadvantaged groups Has become the vehicle for more expansive Constitutional interpretations

7 OTHER GROUPS MOBILIZE FOR RIGHTS Denial of civil rights has led many other disadvantaged groups to mobilize to achieve greater civil rights. Their efforts to achieve those rights have many parallels to the efforts made by African Americans and women.

8 STRUGGLE FOR CIVIL RIGHTS Civil rights: rights guaranteed to all American citizens by law; usually refers to social freedoms and equal treatment under the law. All American citizens have civil rights (not merely minority groups). Often understood in terms of groups whose civil rights were recognized by the U.S. government only after legal and political actions secured them.

9 STRUGGLE FOR CIVIL RIGHTS Formal, legal inequalities existed uncomfortably with America s value of equality for all since the nation s founding. Full benefits of citizenship were limited. Race, sex, age, wealth, national origin most clearly

10 STRUGGLE FOR CIVIL RIGHTS The concept of equal rights poses complicated legal and policy questions. Does treating people in the exact same manner mean we are treating them equally? How do we address real differences, as with biological distinctions between men and women, and preserve fairness? How do we address past legally mandated discrimination in policy?

11 EQUALITY S DIFFERENT INTERPRETATIONS EQUAL TREATMENT TO ALL FOR: Equality before the law? Political equality? Equality of opportunity? Equality of results (outcome)? Conflict over constitutional interpretation=> Who, what & how much Government should protect* How to protect & balance the rights of everyone Majority's Liberties vs. Minorities Civil Rights 11

12 WOMEN S RIGHTS

13 WOMEN AND THE CONSTITUTION 19 th Amendment (1920) Equal Rights Amendment (ERA) Congress passed in 1972 but it was three states short by the expiration in 1982 Reed V. Reed (1971) Any arbitrary gender based classification violated the 14 th Amend First time declared any law unconstitutional on basis of gender discrimination Craig V. Boren (1976) medium scrutiny standard established Gender discrimination neither valid nor invalid Court said there must be an exceedingly persuasive justification for any government to classify people by gender Civil Rights Act (1964) banned gender discrimination in employment

14 WOMEN AND THE CONSTITUTION Women in the Workplace The Civil Rights Act of 1964 banned gender discrimination in employment. Wage Discrimination and Comparable Worth The Supreme Court has not ruled on this issue. Women in the Military Only men may be drafted or serve in ground combat. Sexual Harassment Prohibited by Title VII of Civil Rights Act of 1964

15 WOMEN S LAWS Title IX of the Education Act of 1972 Pregnancy Discrimination Act of 1978: forbids gender discrimination in federally subsidized education programs 1996 Supreme Court decided that single gender schooling violates women s right to equal protection of the law

16 WOMEN IN THE MILITARY Women are now part of the regular service since 1975 Make up 15% in the Armed forces Discrepancies: 1. Only men must register for the draft 2. Prohibits women from serving in combat (today=no ground combat in Army and Marines)

17 OTHER LEGISLATION Equal Opportunity Credit Act of 1974 Able to obtain loans in own name 1978: Congress prohibited job discrimination Barred discrimination against women for pregnancy Family & Medical Leave Act (1993) Can t lose benefits due to sick children/child-rearing Violence Against Women Act (1994) Law aimed at anti-domestic violence Congress strengthened above act in 2000 over Court action

18 GAYS & LESBIANS

19 GAY AND LESBIAN RIGHTS Bowers v. Hardwick (1986) USSC said acts of same-sex intercourse were not protected by U. S. Constitution Lawrence v. Texas (2003) Overturned Bowers Private homosexual acts ARE protected by the Constitution Gay marriage State constitutions amended to prohibit practice

20 GAYS, LESBIANS, AND CIVIL RIGHTS Gays and Lesbians Military policy: Don t Ask, Don t Tell (DADT,1993) Repealed in 2011 Defense of Marriage Act (DOMA, 2006) Struck down in 2013 in U. S. vs. Windsor claiming that same sex couples were entitled to benefits of married couples As of 2012: 9 states legalized same-sex marriage. 39 states prohibited same-sex marriage.

21 HISPANIC AMERICAS

22 LATINOS AND CIVIL RIGHTS Education Mendez v. Westminster (1947) Separate Mexican schools are unconstitutional Immigration as Civil Rights Issue California Proposition 187 (1994) An idea to deny illegal aliens the right to public healthcare, public education, & other social services

23 HISPANIC AMERICANS Hispanic Americans borrowed tactics fro the African American civil rights movement including sit ins, boycotts, marches, and activities that draw publicity. The Hispanic community also relied heavily on litigation strategies. MALDEF and others have been successful in expanding rights and opportunities for Hispanics. "One of the heroic figures of our time." Senator Robert F. Kennedy Cesar Estrada Chavez founded and led the first successful farm workers' union in U.S. history.

24 JAPANESE AMERICANS

25 ASIAN AMERICANS AND CIVIL RIGHTS Asian Americans 1870, Congress declares Chinese ineligible for citizenship 1882, Chinese Exclusion Act Japanese Internment , over 110,000 Japanese Americans (and authorized residents) forcibly relocated and held Presidents Reagan and George H. W. Bush authorized reparations payments to survivors and descendants.

26 NATIVE AMERICANS

27 AMERICAN INDIANS AND CIVIL RIGHTS Native Americans Tribe members are both American citizens and members of sovereign tribal nations. They may reside on reservations that may have different laws than states where they are located. Many state, federal, and even private programs require proof of Native American ancestry. Such authentication is not asked of any other group.

28 ABILITY & AGE

29 ABILITY, AGE, AND CIVIL RIGHTS Disabled Americans 1973 Rehabilitation Act Americans with Disabilities Act (1990) Prohibits discrimination based on disability The Elderly Age Discrimination in Employment Act (1967) Gross v. FBL Financial Services (2009) Age discrimination & what standard of proof is ( preponderance of evidence )

30 AFFIRMATIVE ACTION

31 AFFIRMATIVE ACTION Compensatory action to overcome the consequences of past discrimination Quotas (requisite number of x group) are illegal since Bakke (1978). Michigan 2003 cases, race cannot be determining factor but can be one of several Schools may opt not to use affirmative action. Legal costs and other considerations

32 AFFIRMATIVE ACTION A Policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group According to the Supreme Court, is affirmative action constitutional? In education Regents of the University of California v. Bakke (1978) Racial set asides unconstitutional Race could be considered in admissions Grutter v. Bollinger (2003) Race could be considered a plus in admissions

33 AFFIRMATIVE ACTION In employment United Steelworks v. Weber (1979) Quotas to remedy past discrimination are constitutional. Adarand Constructors v. Pena (1995) To be constitutional, affirmative action must be narrowly tailored to meet a compelling governmental interest. Did not ban affirmative action, but severely limited its reach