Exam 4 Notes Civil Rights

Exam 4 Notes Civil Rights

1. Liberty v. Rights! Civil Liberties - liberties government cannot infringe upon Chapter 5 Quiz!Civil Rights - The permissible ways Gov t can provide or not provide these liberties equally! 14th Am.! Issues revolve around rights related to:! race, riches, gender, or sexual orientation. We must learn how our governments have evolved in providing these rights.

2. Amendments dealing w/ Civil Rights 13th - Emancipation **14th - States must give Equal Protection & Due Process** 15th - Minority male voting rights 19th - Female voting rights 24th - No poll taxes

14TH AMENDMENT NOR DENY TO ANY PERSON WITHIN ITS (STATE) THE EQUAL PROTECTION OF THE LAWS

3. Equal Protection (EP) -EP does NOT require equality -EP requires when Gov t treats SOME groups differently it must have reasons to do so! Read that again! Compelling Reasons Strict Scrutiny Race National Origin Strong Reasons Intermediate Scrutiny Gender Reasonable Reasons Rationale Scrutiny Income Age Mental Capacity Gov t most always loses! Loss.Brown v. Board Only win Korematsu - WWII We ll get to GLBT

3. Equal Protection (EP) Compelling Reasons Strict Scrutiny Strong Reasons Intermediate Scrutiny Reasonable Reasons Rationale Scrutiny 1. Law - Government military schools for boys only 2. Law - Separate Juvenile Justice System 3. Law - Race as a factor for determining admittance 4. Law - Syrian Refugees held to higher standard to immigrate. 5. Law - Rape law for men of women 6. Law - Draft for males 18+ 7. Law - Higher taxes for higher incomes End Day 1 with reminder of Activity J

4. Rights for Minorities! 1860s - Civil Rights Amendments! 13th, 14th, 15th Amendments passed, but not realized by many especially in South! Late 1800s - 3 ways these Amendments are denied - Dual Federalism Era.! 1. Jim Crow Laws - de jure Segregation - by law! 2. Civil Rights Cases- Private business is not gov t. Can deny rights.! 3. Plessy v. Ferguson! Gov t Separate but equal Doctrine! Segregation supported

3. Early 1900s - More of the same! Voting Barriers Emerge!!!! White Primary - Parties not apart of govt. No black voting. Grandfather Clause Poll Taxes Literacy Tests 4. Mid 1900s - 1950s Beginning of change...! Brown v. Board of Ed. Topeka (1954)! Overturns Plessy v. Ferguson - Segregation violates 14th Am. Mississippi Burning Clip.Laws begin change, enforcement pushes change but still more is needed. End Day 2

Begin Day 3 The Court saw significant differences of separate not being equal leading to BvB decision

Brown v. Board..Desegregation of schools with all deliberate speed!!! De facto occurs because of historical factors + residential racial patterns! How do we solve de facto segregation?! Mandatory busing.! Open Enrollment.! Upgrading inner city schools.! Charter Schools. Remember the Titans clips

1. What are Civil Rights? What Amendment primarily sets up these rights? 2. Civil Rights Amendments 3. 3 Ways that Civil Rights were denied in the late 1800s 4. Brown v. Board - Outcome and importance 5. De facto segregation and problems it created for BvB

5. Modern Civil Rights Movement! Civil Disobedience Martin Luther King! Gandhi s influence! sit-ins, boycotts, marches! Birmingham Letter from Jail explaining his rational for civil disobedience in the face of unjust laws of segregation! TV of violence against MLK gains support as they promote non-violence. ( AP/Wide

Leveling the playing field or reverse discrimination? 6. Affirmative Action - special consideration to minorities in education & hiring.! How special!?! Bakke! Minority quotas! HELD - can t have quotas as race is only factor! Bollinger! Race CAN be a factor in consideration,! but not the determining factor..????! More states now outlaw A-A. Tough to meet strict scrutiny

7. Federal Laws! Civil Rights Act of 1964! Outlaws Segregation! Voting Rights Act of 1965! ALL minorities right to vote Current Issue - Voting IDs - Do they discriminate against minorities and the poor? Liberals - NO ID laws Why? Conservatives- ID laws Why?

Title IX should set off some bells and whistles in your head.sports people speak up!

% earned to men 8. Rights for Women 19th Amendment (1920)! The right of citizens...to vote shall not be denied or abridged...on account of sex.! Lilly Ledbetter Fair Pay Act...$.59 to $.80 today! Title IX! Balanced sport opportunities in HS and college &! women in law and medical schools (more important!)

25 15 20 105 15 10 15 40 25 15 10 20 20 15 20 30 25 40 15 5 40 15 270 Male 270 Female

Scholarship offerings must balance. Even same sports may have more female scholarships that men.

9. Rights for Gays and Lesbians Law and Marriage Gov t promotes marriage with tax benefits. Q -Can Fed Gov t outlaw same sex marriages that would deny these benefits? Windsor (2013) - NO! Fed Govt cannot deny benefits nor define marriage. Used Amendment Q- Can states outlaw s-s marriage? (PHOTO: The rainbow flag is a symbol of gay and lesbian rights, and waves in front of the U.S. Capitol dome during the 2009 Equality March Across America. Richard Clement/Newscom) Obergefell (2015) NO! ALL marriages legal & must have access to fed & state benefits. Does not meet rationale scrutiny test. Lowest hurdle for GLBT?

Compelling Reasons Strict Scrutiny Race National Origin Strong Reasons Intermediate Scrutiny Gender Reasonable Reasons Rationale Scrutiny Income Age Mental Capacity GLBT Obergefell

1. Equal Protection! 2. Voter ID 3. Gender Rights - Title IX and Lilly Ledbetter 4. Holdings in Windsor and Obergefell 5. Affirmative Action - What is it? 6. What does Baake say about A-A?

Review 1. What Amendments set up providing civil rights to minorities? 2. ID 3 ways in which groups tried to stop those civil rights from the Amendments from being realized. 3. How have schools and cities tried to desegregate schools since Brown v. Board? 4. Besides US Supreme Court cases and Amendments give one other example of how civil rights have been supported by American Government. 5. Malcolm X was to the Black Power Movement as MLK jr. was to. 6. What impact has Title IX had on sports in the US? 7. How have s-s couples been denied rights? 8. What about the Obergefell case left some in the LGBT community wanting more from SCOTUS? 9. What federal law attempts to provide equality among the genders in sport? 10. What case negated the power of the federal government to outlaw same sex marriage? 11. Affirmative Action A. What is affirmative action? B. What did Bollinger say about A-A End Lecture 3

Starsky and Hutch 4th Amendment - Search and Seizure Tests 1. State Action - Are the police searching and seizing? 2. No unreasonable searches and seizures. 3A. Home Rules High Privacy Rights Only reasonable without a warrant if: 1. consent 2. emergency to save lives OR evidence.! Exclusionary Rule: excludes use of improperly seized evidence at trial if warrant or 1 of the above exceptions is not present. Mapp v. Ohio

Current Issue - Voting IDs - Do they discriminate against minorities and the poor? Liberals - NO ID laws Why? Conservatives- ID laws Why?