janda.chapter 16, equality and civil rights
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Chapter 16
EQUALITY ANDCIVIL RIGHTS
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Learning Outcomes16.1 Explain how the concepts of equality ofopportunity and equality of outcome mirror thetension between freedom and equality.
16.2 Trace the Supreme Court rulings and statelegislative efforts that prevented African Americansfrom achieving
equal protection of the laws.
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Learning Outcomes16.3 Identify the Supreme Court decisions thatdismantled school segregation and explain thesignificance of each.
16.4 Describe the circumstances under which the1964 Civil Rights Act was passed and its evolvinginterpretation in subsequent Supreme Courtdecisions.16.5 Evaluate the effect of the civil rightsmovement on other minority groups
struggles forequality.
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Learning Outcomes16.6 Trace the evolution of women
s legal rightsbeginning with laws based on protectionism andconcluding with Supreme Court rulings prohibiting
gender-based discrimination.16.7 Compare and contrast the consequencesthat follow from policies aimed at equalopportunities versus those aimed at equaloutcomes.
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Two Conceptions of EqualityEquality of Opportunity
Each person guaranteed same chance to succeedMore Americans support this than equality of outcome
Equality of OutcomeSociety must ensure people are equal, andgovernment must design policies to redistribute wealthand status so that economic and social equality isactually achieved
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The Civil War AmendmentsThirteenth Amendment 1865
Prohibited slavery or involuntary servitude
Fourteenth Amendment 1868Made freed slaves citizensProhibited states from abridging privileges or deprivingrights without due process
Guarantees equality under lawFifteenth Amendment 1870
Added political equality
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The Civil War AmendmentsCongress and the Supreme Court:Lawmaking Versus Law Interpreting
Congress passed civil rights act in 1866 to counteractstates
black codesSupreme Court rulings weakened or overturned someprovisionsCourt decisions gave states room to maneuver aroundcivil rights laws
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The Civil War AmendmentsThe Roots of Racial Segregation
After Civil War, southern states passed Jim Crow lawsto reinforce segregation
Plessy v. Ferguson (1896) upheld state-imposed racialsegregation
Established separate-but-equal doctrineThree years later, applied to schools
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The Dismantling ofSchool Segregation
Pressure for Equality In 1920s, separate-but-equal doctrine deeply ingrainedIn 1930s, a few Supreme Court cases offered hope forfuture changes
Plessy ruling - University of Missouri Law School had toadmit black studentsSweatt v. Painter - University of Texas Law School
ordered to provide admission to black studentsCourt avoided reexamining separate-but-equal
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The Civil Rights MovementNAACP concentrated efforts on schooldesegregation but made advancements inother areas as well
Late 1940s - Supreme Court decisions against:Whites-only primariesSegregation on interstate bus routes
Civil rights movement
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The Civil Rights MovementCivil Disobedience
Rosa Parks arrested and fined for not giving up seatMontgomery
s black community responded to Parks'
arrest with a boycott of bus systemMartin Luther King, Jr., urged blacks to continue boycottdespite harassmentEventually federal court ruled segregated transportationsystems unconstitutionalMartin Luther King, Jr. advocated civil disobedience tobring racial issues to light
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The Civil Rights MovementThe Civil Rights Act of 1964
In 1963, Kennedy enforced the desegregation of theUniversity of Alabama
Martin Luther King
I Have a Dream
March for Jobs and Freedom
Lyndon B. JohnsonConsidered civil rights top legislative priority
Civil Rights Act of 1964Elementary and Secondary Education Act 1965
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When Leaders Confer
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The Civil Rights MovementThe Continuing Struggle over Civil Rights
Grove City College v. Bell (1984)Civil Rights Restoration Act of 1988
If any institution gets federal money, no part of it candiscriminate
Supreme Court
s subsequent rulings limited scope ofcivil rights laws
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Civil Rights for Other MinoritiesNative Americans
Government relations with native Indians in 18 th & 19 th centuries denied political and social rights
Early 20 th century policies promoted assimilationIndians received citizenship in 1924
Frustration with U.S. policies led to militant action in1969s and early 1970s
In 1946, Indian claims commission established1970s and 1980s tribes won monies and land
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Civil Rights for OtherMinorities
Immigrant GroupsMillions of undocumented or illegal immigrants havecome to U.S.
1965 new immigration law eliminated quotasBy 2006, over 11 million illegal immigrants in the U.S.
Arizona immigration lawLatino immigration - now 16 percent of the population
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Civil Rights forOther Minorities
Americans with Disabilities43 million Americans with disabilities gained protectionwith 1990 Americans with Disabilities Act (ADA)
Extends protections of Civil Rights Act of 1964 to manycategories of disabilities
Definition of disability is difficultRevision to ADA signed into law in 2008
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Civil Rights ofOther Minorities
Homosexual Americans1969 Stonewall riots - beginning of gay liberationmovement
National Gay and Lesbian Task Force (NGLTF) lobbiedfor gays to serve in public employment
Same-sex marriage issueObama first president to publicly support
Many states differ - 13 states prohibit same-sexmarriage
Boy Scouts of America v. Dale
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Proud to be Out
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Court Confronts
California Clash
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Gender and Equal Rights:The Women
s MovementProtectionism
Women
s movement: fight against protectionismDemand for women
s rights began with abolition
movementCourts consistently upheld protectionist laws
Supreme Court 1991 ruling struck down company
sfetal protection policy as discriminatory
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Gender and Equal Rights:The Women
s MovementProhibiting Sex-Based Discrimination
Equal Pay Act of 1963 Advanced pay equality but didn
t overturn other state
protectionist lawsCivil Rights Act of 1964 prohibited sexism
Helped to remove restrictions of protectionism
Title IX of the Education Amendments of 1972
Revenue Act of 1972Title VII in 2007 tightened rules over paydiscrimination
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Gender and Equal Rights:The Women
s MovementStereotypes Under Scrutiny
In early 1970s, Supreme Court began ruling againstgender-based protectionism
In 1976, Court established standard: gender-baseddistinctions justifiable only if they serve importantgovernment purpose
Bared juror exclusions based on sex
United States v. Virginia
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Gender and Equal Rights:The Women
s MovementThe Equal Rights Amendment
Courts hesitant to extend Fourteenth Amendmentbeyond issues of race
1923, National Women
s Party originally introducedequal rights amendment (ERA) but it has never beenratified
Why did the ERA fail?Proponents made national campaign; opponents, astate-based campaignProponents exaggerated effects; opponentscapitalized on fears of those effects
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Gender and Equal Rights:The Women
s MovementThe Equal Rights Amendment (cont.)
Despite ERA
s failure, ratification movement providedbenefits for women
Spurred formation of National Organization for Women(NOW) and other organizationsContributed to women
s participation in politicsGenerated important legislation affecting women
Some view Court decisions as ERA equivalent
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Affirmative Action: EqualOpportunity or Equal Outcome
Commitment of President Johnson led toaffirmative action programs
Designed expand opportunities for women, minorities
and people with disabilitiesRange of public and private programs to move beyondequality of opportunity to equality of outcome
Most aggressive form - Numerical/percentage goals
Includes increased recruitment efforts
Arguments both for and against
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Affirmative Action: EqualOpportunity or Equal Outcome
Reverse DiscriminationRegents of the University of California v. BakkeGroups opposed to affirmative action took other
situations to court with mixed resultsGratz v. Bollinger university admissions policy violatedequal protection clauseGrutter v. Bollinger ruled race only one factor in
admissions decisionsCommunity Schools v. Seattle School District No. 1 -invalidated integration plans Fisher v. University of Texas
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The Price of Equality?
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Affirmative ActionThe Politics of Affirmative Action
Overall, blacks favor affirmative action and whites donot
Why is there persistence of equal outcome policies?Majority of Americans consistently reject explicit race orgender preferences regardless of groups that benefit
Many Americans view affirmative action as violation of
personal freedoms
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