American American GovernmentGovernment

Chapter 21Chapter 21

Civil Rights: Equal Justice Civil Rights: Equal Justice Under LawUnder Law

Section 1Section 1

► Diversity and Discrimination in the Diversity and Discrimination in the American SocietyAmerican Society

A Heterogeneous SocietyA Heterogeneous Society

► HeterogeneousHeterogeneous To Greek words hetero and genosTo Greek words hetero and genos

► different – race, family, or kinddifferent – race, family, or kind► AKA… composed of a mix of ingredientsAKA… composed of a mix of ingredients

U.S. has consistently been U.S. has consistently been predominantly whitepredominantly white

However, U.S. has become increasingly However, U.S. has become increasingly more heterogeneous over the last few more heterogeneous over the last few decades due to an influx of decades due to an influx of immigrantsimmigrants► aliens legally admitted as permanent aliens legally admitted as permanent

residentsresidents

Race-Based Race-Based DiscriminationDiscrimination

► African AmericansAfrican Americans 2nd largest minority group in U.S.2nd largest minority group in U.S. Been victims of consistent and Been victims of consistent and

deliberate, unjust treatmentdeliberate, unjust treatment Most Constitution guarantees of equality Most Constitution guarantees of equality

for all people came from and for African for all people came from and for African AmericansAmericans

Race-Based Discrimination Race-Based Discrimination (Con’t)(Con’t)

► Native AmericansNative Americans Many killed by European diseases and Many killed by European diseases and

warswars Forced to live on or near Forced to live on or near reservationsreservations

► currently life expectancy 10 years less than currently life expectancy 10 years less than national averagenational average

Race-Based Discrimination Race-Based Discrimination (Con’t)(Con’t)

► Hispanic AmericansHispanic Americans Spanish-speaking backgroundSpanish-speaking background Largest minority group in U.S.Largest minority group in U.S. Basic GroupsBasic Groups

► Mexican AmericansMexican Americans► Puerto RicansPuerto Ricans► Cuban AmericansCuban Americans► Central and South AmericansCentral and South Americans

Many are Many are refugeesrefugees One who seeks protection from war, prosecution, or One who seeks protection from war, prosecution, or

dangerdanger

Race-Based Discrimination Race-Based Discrimination (Con’t)(Con’t)

► Asian AmericansAsian Americans Forced to Forced to assimilateassimilate

► process by which people of one culture process by which people of one culture merge into and become part of another merge into and become part of another cultureculture

Many came in 1800’s to work in mines Many came in 1800’s to work in mines and build railroads in the Westand build railroads in the West

Discrimination Against Discrimination Against WomenWomen

► Women are not minority in U.S.Women are not minority in U.S. Law and public policy have generally not Law and public policy have generally not

given women equal rightsgiven women equal rights

► Eventually gain suffrageEventually gain suffrage Only 1% of the nations top public offices Only 1% of the nations top public offices

have been held by women since 1789have been held by women since 1789

Discrimination Against Discrimination Against Women (Con’t)Women (Con’t)

► Fewer than 20% of doctors, lawyers, Fewer than 20% of doctors, lawyers, and college professors are womenand college professors are women

Women earn on average less than menWomen earn on average less than men

► Some claim there is a glass ceilingSome claim there is a glass ceiling

Section 2Section 2

► Equality Before the LawEquality Before the Law

Equal Protection ClauseEqual Protection Clause

► Everyone is different and democratic ideals Everyone is different and democratic ideals demand government treat all people alikedemand government treat all people alike

““No state shall… deny to any person within it No state shall… deny to any person within it jurisdiction the equal protection of the laws” 14th jurisdiction the equal protection of the laws” 14th AmendmentAmendment

► Reasonable ClassificationReasonable Classification There must be some discrimination (Classification)There must be some discrimination (Classification)

► However it cannot be unreasonableHowever it cannot be unreasonable

Most acts by government have been found Most acts by government have been found constitutional by Supreme Courtconstitutional by Supreme Court

Equal Protection Clause Equal Protection Clause (Con’t)(Con’t)

► The Rational Basis TestThe Rational Basis Test It asks: Does the classification in It asks: Does the classification in

question bear a reasonable relationship question bear a reasonable relationship to the achievement of some proper to the achievement of some proper governmental purpose?governmental purpose?► Must have a “Public Good” goalMust have a “Public Good” goal

Equal Protection Clause Equal Protection Clause (Con’t)(Con’t)

► Strict Scrutiny TestStrict Scrutiny Test Higher Standard if:Higher Standard if:

► Involves “fundamental rights” such as votes, Involves “fundamental rights” such as votes, travel inter-state, and 1st Amendmenttravel inter-state, and 1st Amendment

► ““Suspect Classifications” as race, sec, or Suspect Classifications” as race, sec, or national originnational origin

Much harder for states to discriminateMuch harder for states to discriminate

SegregationSegregation in America in America

► The separation of one group from The separation of one group from anotheranother

Jim Crow LawsJim Crow Laws► laws that separate people based on racelaws that separate people based on race► In both public and private facilitiesIn both public and private facilities

► Separate-but-equal doctrineSeparate-but-equal doctrine Plessy V. FergusonPlessy V. Ferguson

► Held that the Equal Protection Clause Held that the Equal Protection Clause supported separate facilities as long as the supported separate facilities as long as the separate facilities were equalseparate facilities were equal

Segregation in America Segregation in America (Con’t)(Con’t)

► Brown v. Board of EducationBrown v. Board of Education Court held that segregation by race in Court held that segregation by race in

public education is unconstitutionalpublic education is unconstitutional Some states tried to block Some states tried to block integrationintegration

► The process of bringing a group into the The process of bringing a group into the mainstream of societymainstream of society

Civil Rights Act of 1964Civil Rights Act of 1964► Allowed Justice Department to file suits Allowed Justice Department to file suits

against desegregation actsagainst desegregation acts

De JureDe Jure, De Facto , De Facto SegregationSegregation

► Segregation by law or legal Segregation by law or legal sanctionsanction

Now abolishedNow abolished► De Facto SegregationDe Facto Segregation

Segregation, not based on law, but normally Segregation, not based on law, but normally housing patternshousing patterns

Busing and redrawing district lines have Busing and redrawing district lines have worked to avoid de facto segregationworked to avoid de facto segregation

► Segregation in other fieldsSegregation in other fields In public arenas segregation is illegal as wellIn public arenas segregation is illegal as well

Classification by SexClassification by Sex

► 14th Amendment, according to the 14th Amendment, according to the Supreme Court, also gives Equal Supreme Court, also gives Equal Protection to womenProtection to women

However, women are not draftedHowever, women are not drafted

Section 3Section 3

► Federal Civil Rights LawsFederal Civil Rights Laws

Civil Rights: Reconstruction Civil Rights: Reconstruction to Todayto Today

► 1870’s to late 1950’s, Congress did 1870’s to late 1950’s, Congress did not pass a meaningful civil rights not pass a meaningful civil rights legislationlegislation

Changed by pressures in 1957Changed by pressures in 1957► From Civil Rights movement by people like From Civil Rights movement by people like

Martin L. King Jr.Martin L. King Jr.

Civil Rights: Reconstruction Civil Rights: Reconstruction to Today (Con’t)to Today (Con’t)

► The Civil Rights Act of 1964The Civil Rights Act of 1964 Passed after an 83 day debatePassed after an 83 day debate Outlaws discrimination in a number of areasOutlaws discrimination in a number of areas

► No person may be denied access or refused No person may be denied access or refused service in various “public accommodations”service in various “public accommodations”

► No Discrimination if the program receives public No Discrimination if the program receives public funding, otherwise federal funds will be cutfunding, otherwise federal funds will be cut

► Employers and Unions cannot discriminateEmployers and Unions cannot discriminate Against race, color, religion, national origin, sex, or Against race, color, religion, national origin, sex, or

physical disabilityphysical disability

Civil Rights: Reconstruction Civil Rights: Reconstruction to Today (Con’t)to Today (Con’t)

► Civil Rights Act of 1968Civil Rights Act of 1968 Called open housing actCalled open housing act Can not sell or rent on the grounds as Can not sell or rent on the grounds as

laid out in Civil Rights Act of 1964laid out in Civil Rights Act of 1964

Affirmative ActionAffirmative Action

► Policy requires that most employers take Policy requires that most employers take positive steps to remedy the effects of positive steps to remedy the effects of past discriminationspast discriminations

Private businesses must try to make their work Private businesses must try to make their work force reflect the makeup of the local populationforce reflect the makeup of the local population

► Reverse DiscriminationReverse Discrimination Critics say affirmative action is unconstitutionalCritics say affirmative action is unconstitutional Discriminate against the majority groupDiscriminate against the majority group

Affirmative Action (Con’t)Affirmative Action (Con’t)

► The Bakke CaseThe Bakke Case Regents of University of California v. Bakke Regents of University of California v. Bakke

in 1978in 1978► 16 out of 100 spots reserved for non-whites and 16 out of 100 spots reserved for non-whites and

Supreme Court found the quotas to be unconstitutionalSupreme Court found the quotas to be unconstitutional► Though race could be a factor among many other Though race could be a factor among many other

factorsfactors

► Later CasesLater Cases Quotas can be used in extreme situationsQuotas can be used in extreme situations Recent court cases have made it harder to prove Recent court cases have made it harder to prove

discriminationdiscrimination

Affirmative Action (Con’t)Affirmative Action (Con’t)

► The Adarand CaseThe Adarand Case Adarand Constructors v. Pena, 1995Adarand Constructors v. Pena, 1995 Found any preferential treatment based Found any preferential treatment based

on race unconstitutionalon race unconstitutional► ““Whenever the government treats any Whenever the government treats any

person unequally because of his or her race, person unequally because of his or her race, that person has suffered an injury.”that person has suffered an injury.” Justice Sandra Day O’ ConnorJustice Sandra Day O’ Connor

Affirmative Action (Con’t)Affirmative Action (Con’t)

► Affirmative Action on the BallotAffirmative Action on the Ballot California voters voted to get rid of most California voters voted to get rid of most

affirmative action programsaffirmative action programs► circuit court agreed and Supreme Court circuit court agreed and Supreme Court

refused to see caserefused to see case

Section 4Section 4

► American CitizenshipAmerican Citizenship

Question of CitizenshipQuestion of Citizenship

► 14th Amendment declares that a 14th Amendment declares that a person can become an American person can become an American citizencitizen either by birth or by either by birth or by naturalizationnaturalization

Citizenship By BirthCitizenship By Birth

► Citizenship by birth is determined by Citizenship by birth is determined by either Jus Soli or Jus Sanguiniseither Jus Soli or Jus Sanguinis

Jus SoliJus Soli is anyone born on U.S. soil, or is anyone born on U.S. soil, or U.S. territoryU.S. territory

Jus SanguinisJus Sanguinis is anyone who becomes is anyone who becomes citizen based on lawcitizen based on law► Parents are U.S. citizensParents are U.S. citizens

Citizenship By Citizenship By NaturalizationNaturalization

► The legal process by which a person The legal process by which a person becomes a citizen of another country at becomes a citizen of another country at sometime after birthsometime after birth

► Individual NaturalizationIndividual Naturalization An An alienalien becomes a citizen individually becomes a citizen individually

► a citizen or national of a foreign state living in this a citizen or national of a foreign state living in this countrycountry

► Collective NaturalizationCollective Naturalization Naturalization en masseNaturalization en masse

► When an entire group has been naturalizedWhen an entire group has been naturalized

Loss of CitizenshipLoss of Citizenship

► Everyone has the voluntarily ability to get Everyone has the voluntarily ability to get rid of his or her citizenshiprid of his or her citizenship

► ExpatriationExpatriation The legal process by which a loss of citizenship The legal process by which a loss of citizenship

occursoccurs► DenaturalizationDenaturalization

When a naturalized citizen loses their When a naturalized citizen loses their citizenship through a court order, because they citizenship through a court order, because they became a citizen by fraud or deceptionbecame a citizen by fraud or deception

► Marriage does not help one gain or lose Marriage does not help one gain or lose citizenshipcitizenship

A Nation of ImmigrantsA Nation of Immigrants

► Regulation of ImmigrationRegulation of Immigration Courts have ruled the power to control Courts have ruled the power to control

the nation’s border is an inherent power the nation’s border is an inherent power of the United Statesof the United States

U.S. had mostly open borders from U.S. had mostly open borders from independence to 1890’sindependence to 1890’s► New restrictions continually sinceNew restrictions continually since

A Nation of Immigrants A Nation of Immigrants (Con’t)(Con’t)

► Present Immigration PoliciesPresent Immigration Policies Immigration Act of 1990 governs the Immigration Act of 1990 governs the

admittance of aliens to U.S.admittance of aliens to U.S.► 675,000 allowed each year675,000 allowed each year

► DeportationDeportation A legal process in which aliens are A legal process in which aliens are

legally required to leave the U.S.legally required to leave the U.S.► Illegally achieved evidence could be used Illegally achieved evidence could be used

because it is a civil lawbecause it is a civil law

Undocumented AliensUndocumented Aliens

► A Troublesome SituationA Troublesome Situation Nearly 10-12 Million illegal aliens reside Nearly 10-12 Million illegal aliens reside

in the U.S.in the U.S.

► Current LawCurrent Law A crime to hire illegal aliensA crime to hire illegal aliens Undocumented aliens given one year of Undocumented aliens given one year of

amnesty to become a citizenamnesty to become a citizen