Equal Rights

January 6, 2018 | Author: Anonymous | Category: Social Science, Law, Constitutional Law
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Citizenship Rights •How Citizenship is Acquired and Lost

•Naturalization: A legal action conferring citizenship on an alien •Dual Citizenship: Citizenship in more than one nation •Right of expatriation: The right to renounce one’s citizenship •Rights of American Citizens (can be curbed during times of war) •The Right to Live and Travel in the United States

•The Right to Travel Abroad •Rights of Aliens •Admission to the United States

Requirements for Naturalization

Equal Rights Under the Law • The Constitution does not make any reference to “equality” • But the framers did create a government designed to protect natural rights

Equality and Equal Rights • Most agree that everyone should have equality of opportunity • Some also focus attention on equality between groups – Affirmative action • Questions regarding equality of results

Civil Rights: Introduction • Refer to those things that the government must do to provide equal protection and freedom from discrimination for all citizens. • Traditionally, thought of as rooted in the Fourteenth Amendment to the Constitution. • Early attempts at true protection were unsuccessful because the Supreme Court believed that it was not within its purview to stop non-governmental discrimination.

Dred Scott, Reconstruction, and “Jim Crow” This is a portrait of Dred Scott (1795–1858), an American slave who was born in Virginia and who later moved with his owner to Illinois, where slavery was illegal. He was the nominal plaintiff in a test case that sought to obtain his freedom on the ground that he lived in the free state of Illinois. Although the Supreme Court ruled against him, he was soon emancipated and became a hotel porter in St. Louis.

Slavery in the United States • Ending servitude – The Thirteenth Amendment (1865) prohibits slavery within the United States. – The Fourteenth Amendment (1868) established that all persons born in the United States are citizens and no state shall deprive citizens of their rights under the Constitution. – The Fifteenth Amendment (1870) established the right of citizens to vote.

Early Civil Rights Legislation During Reconstruction (late 1860s-1870s), Congress passed civil rights laws, but, the Supreme Court struck down many of these laws.

• The Civil Rights Acts of 1865 to 1875 – Aimed at the Southern states. – Attempted to prevent states from passing laws that would circumvent the amendments By 1877, Reconstruction was ended, and northern political leaders abandoned African Americans to their fate at the hands of their former white masters.

• The Civil Rights Cases (1883) – Invalidated much of the civil rights legislation in the Civil Rights cases. Beginning with WWI, African Americans began to migrate northward.

Major Civil Rights Legislation • • • • • • • • • •

Civil Rights Act, 1957 Civil Rights Act, 1964 Voting Rights Act, 1965 Age Discrimination in Employment Act, 1967 Fair Housing Act, 1968 Title IX, Education Amendment of 1972 Rehabilitation Act, 1973 Fair Housing Act Amendments, 1988 Americans with Disabilities Act, 1990 Civil Rights Act, 1991

Challenges to Civil Rights Legislation •Segregation and White Supremacy • Plessy v. Ferguson – Separate-but-Equal Doctrine • Voting Barriers – White primary, the grandfather clause, poll taxes, literacy tests • Extralegal Methods of Enforcing White Supremacy

•Slow Government Response

The Quest for Equal Justice •A Turning Point •Martin Luther King, Jr., Rosa Parks, and the Montgomery, AL, Bus Boycott

You may well ask, ‘Why direct action? Why sitins, marches, and so forth? Isn’t negotiation a better path?’ You are quite right in calling for negotiations. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. -Dr. Martin Luther King

The End of the Separate-but-Equal Doctrine • Brown v. Board of Education of Topeka – Overturned Plessy v. Ferguson – “With All Deliberate Speed.”

• Court-Ordered Busing • The Resurgence of Minority Schools • The Civil Rights Act of 1964 – – – –

Voter registration Public accommodations Public schools Employment

The power to regulate interstate commerce allowed Congress to forbid discrimination like this in places of public accommodation in the 1964 Civil Rights Act.

The Quest for Equal Justice •Riots and Reaction •Watts, CA 1965 •Detroit 1967 •Vietnam War and Watergate diverted attention from civil rights •Little governmental attention since then

Women’s Struggle for Equal Rights • Early Women’s Political Movements – Activism for women’s rights began with the Seneca Falls convention in 1848.

• Fifteenth Amendment did not bar denial of the vote on the grounds of gender • Women had to fight for universal suffrage • Women’s Suffrage Associations • Nineteenth Amendment (1920)

Women’s Struggle for Equal Rights Women Suffrage in the U.S. Compared to other countries 2015

2015 Saudi Arabia

The Modern Women’s Movement “Four-fifths of a penny for your thoughts”

The Modern Women’s Movement • Wage Discrimination – Recent figures show a woman earns 80 cents for every dollar made by a man. – The Equal Pay Act of 1963 – The Glass Ceiling

• The Equal Rights Amendment • Additional Women’s Issues – Domestic violence – Abortion rights – Pornography (divided the movement rather than united it).

• Discrimination in the Courts • Expanding Women’s Political Activities – Women in Congress, the Executive, & Judicial Branches – Continuing Disproportionate Leadership

President Kennedy signed the Equal Pay Act of 1963 to provide equal pay for women.

How Many Women Work, 2006

The Quest for Equal Justice Hispanics have suffered discrimination in housing, employment, public accommodations, and education, and have faced harsh treatment from police and other government officials •Repatriation •Zoot Suit Riots •High school walk outs •May Day Riot in Los Angeles •Racial Profiling with Immigration raids •English Only laws •Dream Act Cesar Chavez founded the National Farm Workers Association

The Quest for Equal Justice •Chinese Americans •Japanese Americans •Other Asian Americans •Native Americans • Reservations • History of discrimination – Trail of Tears – Urban Relocation Program • Activist groups – American Indian Movement (AIM) – ACLU

Dilos Lonewolf became Tom Torlino, during his transformation at a boarding school in Carlisle, PA. Indians were shorn of their hair and clothes and trained to adopt white ways.

American Indians feel renewed cultural pride in ancient traditions but also the lure of modern technology.

Percent of Bachelor’s Degrees Awarded by Gender

Equal Protection of the Laws: What Does It Mean? Constitutional Classification and Tests • Rational Basis Test • Quasi-Suspect Classifications and Heightened Scrutiny

• Suspect Classifications and Strict Scrutiny Covers • Race, Gender, Fundamental Rights Does Not Cover • Poverty, Age, Sexual Orientation Proving Discrimination

The Supreme Court uses which tests to distinguish between constitutional and unconstitutional classifications a. the rational basis test

b. the strict scrutiny test c. the heighten scrutiny test d. all of the above

Which of the following is not suspect classifications of the constitution? a. sex b. race c. national origin d. poverty

One of the following situations is outside government jurisdiction. a. a restaurant bars men without jacket and tie b. a hotel refuses to register a rock – and – roll star c. a realtor refuses to sell property to an extended Vietnamese family d. a theater refuses to seat a group with long hair and blue jeans

Voting Rights •Protecting Voting Rights •The Voting Rights Act of 1965 • Authorizes the Department of Justice to appoint federal examiners to register voters in areas with a history of discrimination. Devices used to prevent African Americans from voting

Poll Tax

White Primary

Literacy Tests

Racial Gerrymandering

Voting Rights Act of 1965 Increases Black Voter Registration in Seven Southern States

Which of the following is correct about Voting a. The Voting Rights Act of 1965 has been effective.

b. The Voting Rights Act of 1965, as amended, set aside literacy tests throughout the country. c. Most suffrage requirements, inside the U.S. constitutional framework, are fixed by the states. d. All of the above.

Education Rights •The End of “Separate but Equal”: Brown v. Board of Education •From Segregation to Desegregation – but Not Yet Integration De Jure Segregation

De Facto Segregation

Segregation and discrimination mandated by state and local laws

Segregation and discrimination resulting from economic or social conditions or personal choice

Rights of Association, Accommodations, Jobs, and Homes •Association •Accommodations •Title II: Places of Public Accommodation •Title VII: Employment discrimination

•The Fair Housing Act and Amendments •The Civil Rights Act of 1968 and Other Housing Reform Legislation

The Affirmative Action Controversy • University of California v. Bakke (1978) was one of the earliest challenges to affirmative action in the university • After Bakke: Refinements and Uncertainty • Richmond v. Croson (1989)

• California’s Proposition 209 and Other Plans

Reaffirming the Importance of Diversity •Gratz v. Bollinger (2003) •Grutter v. Bollinger (2003)

The 1896 Supreme Court ruling that approved of “separate but equal” was a. Brown v. Board of Education

b. Roe v. Wade c. Plessy v. Ferguson d. Shaw v. Reno Segregation required by laws is called

a. De jure segregation b. De facto segregation c. Spatial segregation d. Social segregation

Which of these cases marked the end of the “separate but equal” interpretation of the Constitution? a. Brown v. Board of Education b. Bakke v. California Regents

c. Plessy v. Ferguson d. Weber v. Kaiser

Special Protection for Older Americans • The Age Discrimination in Employment Act of 1967 – Prohibits discrimination by age in all but a limited number of occupations where age is considered relevant to the job.

• Mandatory retirement has progressively been made illegal by laws passed in 1978 and 1986.

Securing Rights for Persons with Disabilities • The Americans with Disabilities Act of 1990 – Prohibits job discrimination against individuals with physical or mental disabilities. – Requires physical access to public buildings and public services.

Securing Rights for Persons with Disabilities • Limiting the ADA - No longer covered are: – persons who wear eyeglasses – carpal tunnel syndrome, a repetitive stress injury

The Rights and Status of Gay Males & Lesbians • Growth in the Gay Male and Lesbian Rights Movement • State and Local Laws Targeting Gay Males and Lesbians

The Rights and Status of Gay Males & Lesbians (continue) • The Gay Community and Politics – Gay activists now play a role in both major parties. Eleven openly gay men or lesbians sit in the House.

• Gay Men and Lesbians in the Military • Same-Sex Marriages • Child Custody and Adoption

The Rights and Status of Juveniles • The presumption that children are protected by parents • Voting Rights and the Young • Rights of Children in Civil and Criminal Proceedings

The Rights and Status of Juveniles (continue) • Civil Rights of Juveniles – Child custody issues

• Criminal Rights of Juveniles • Dealing with Juvenile Crime – Minors tried as adults – Parents held responsible

A person cannot become a citizen if he or she is ___. a. 16-years old b. Lawfully admitted to the state for at least five years c. Found to have good moral character d. Opposed to totalitarianism

Which of the following is NOT covered by the Civil Rights Act? a. b. c. d.

Equality in accommodations Equality in employment Equality in housing All of the above

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