American Government Chapter 21 Civil Rights: Equal Justice Under Law Section 1 a. Diversity and Discrimination in the American Society B. A Heterogeneous Society a. i. To Greek words hetero and genos 1. 2. AKA composed of a mix of ingredients ii. U.S. has consistently been predominantly white iii. 1. aliens legally admitted as permanent residents C. Race-Based Discrimination a. African Americans i. 2nd largest minority group in U.S. ii. iii. b. Native Americans i. ii. Forced to live on or near reservations 1. currently life expectancy less than national average c. Hispanic Americans i. Spanish-speaking background ii. iii. Basic Groups Chapter 21 Page 1
1. Mexican Americans 2. Puerto Ricans 3. Cuban Americans 4. Central and South Americans a. Many are refugees i. d. Asian Americans i. Forced to assimilate 1. ii. Many came in 1800 s to work in mines and build railroads in the West D. Discrimination Against Women a. Women are not minority in U.S. i. b. Eventually gain suffrage i. Only 1% of the nations top public offices have been held by women since 1789 c. Fewer than 20% of doctors, lawyers, and college professors are women i. d. Section 2 e. Equality Before the Law E. Equal Protection Clause a. Everyone is different and democratic ideals demand government treat all people alike i. Chapter 21 Page 2
b. Reasonable Classification i. There must be some discrimination (Classification) 1. ii. c. The Rational Basis Test i. It asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose? 1. d. Strict Scrutiny Test i. Higher Standard if: 1. 2. Suspect Classifications as race, sec, or national origin ii. F. Segregation in America a. The separation of one group from another i. Jim Crow Laws 1. 2. In both public and private facilities b. Separate-but-equal doctrine i. 1. c. i. ii. Some states tried to block integration 1. Chapter 21 Page 3
iii. Civil Rights Act of 1964 1. G. De Jure, De Facto Segregation a. Segregation by law or legal sanction i. b. De Facto Segregation i. ii. Busing and redrawing district lines have worked to avoid de facto segregation c. Segregation in other fields i. In public arenas segregation is illegal as well H. Classification by Sex a. i. However, women are not drafted Section 3 b. Federal Civil Rights Laws I. Civil Rights: Reconstruction to Today a. i. Changed by pressures in 1957 1. b. The Civil Rights Act of 1964 i. Passed after an 83 day debate ii. Outlaws discrimination in a number of areas 1. Chapter 21 Page 4
2. 3. Employers and Unions cannot discriminate a. c. Civil Rights Act of 1968 i. Called open housing act ii. J. Affirmative Action a. i. Private businesses must try to make their work force reflect the makeup of the local population b. Reverse Discrimination i. ii. Discriminate against the majority group c. The Bakke Case i. Regents of University of California v. Bakke in 1978 1. 2. Though race could be a factor among many other factors d. Later Cases i. Quotas can be used in extreme situations ii. Chapter 21 Page 5
e. The Adarand Case i. Adarand Constructors v. Pena, 1995 ii. 1. Whenever the government treats any person unequally because of his or her race, that person has suffered an injury. a. Justice Sandra Day O Connor f. Affirmative Action on the Ballot i. 1. circuit court agreed and Supreme Court refused to see case Section 4 g. American Citizenship K. Question of Citizenship a. L. Citizenship By Birth a. Citizenship by birth is determined by either Jus Soli or Jus Sanguinis i. ii. 1. Parents are U.S. citizens M. Citizenship By Naturalization a. b. Individual Naturalization i. An alien becomes a citizen individually Chapter 21 Page 6
1. c. Collective Naturalization i. Naturalization en masse 1. N. Loss of Citizenship a. Everyone has the voluntarily ability to get rid of his or her citizenship b. Expatriation i. c. Denaturalization i. d. Marriage does not help one gain or lose citizenship O. A Nation of Immigrants a. Regulation of Immigration i. ii. U.S. had mostly open borders from independence to 1890 s 1. New restrictions continually since b. Present Immigration Policies i. 1. 675,000 allowed each year c. Deportation i. 1. Chapter 21 Page 7
P. Undocumented Aliens a. A Troublesome Situation i. Nearly 10-12 Million illegal aliens reside in the U.S. b. Current Law i. ii. Undocumented aliens given one year of amnesty to become a citizen Chapter 21 Page 8