Upload
jonah-lang
View
228
Download
1
Tags:
Embed Size (px)
Citation preview
Chapter 5
Civil Rights
1. What does “Civil Rights” mean?
1. What does “Civil Rights” mean?
Using the law to provide equal access to the opportunities present
in our society and to public facilities, like schools, restaurants…
2. What did the Voting Rights Act of 1965 do, exactly?
2. What did the Voting Rights Act of 1965 do, exactly?
Forbids discrimination in voting and registration procedures, and
helped to increase the participation of Blacks around the country in
elections since 1965
3. What is the Equal Protection clause?
3. What is the Equal Protection clause?
The part of the Fourteenth Amendment, that is used to insure
that NO ONE is excluded from participation in our society
4. What is the problem with the “full faith and credit clause”?
4. What is the problem with the “full faith and credit clause”?
Gay marriage…there has been no determination on whether states
must recognize gay marriages that were recognized in other states
5. Of all the legislation passed to achieve equal rights, which act has
been the most significant?
5. Of all the legislation passed to achieve equal rights, which act has
been the most significant?
The Civil Rights Act of 1964, following Kennedy’s assassination and pushed through by LBJ, made the largest sweeping enactment of
law to allow for equal access.
Review: What is the establishment clause?
Review: What is the establishment clause?
The First Amendment provision stating that government may not favor one
religion over another or favor religion over no religion, and prohibiting
Congress from passing laws respecting the establishment of religion
6. From where does Congress get the power to pass laws regarding
civil rights and business’s ability to discriminate as they see fit?
6. From where does Congress get the power to pass laws regarding
civil rights and business’s ability to discriminate as they see fit?
From the Commerce Clause, and the right of the federal government to regulate interstate commerce.
7. Brown
7. Brown Overturned “separate but equal” from
Plessey
7. Brown Overturned “separate but equal” from
PlesseyBeginning of the Civil Rights period
7. Brown Overturned “separate but equal” from
PlesseyBeginning of the Civil Rights periodCourt used sociological evidence that
children who were segregated saw themselves differently
7. Brown Overturned “separate but equal” from
PlesseyBeginning of the Civil Rights periodCourt used sociological evidence that
children who were segregated saw themselves differently
Fourteenth Amendment – equal protection clause
8. The ERA, or Equal Rights Amendment would have banned
discrimination based on…
8. The ERA, or Equal Rights Amendment would have banned
discrimination based on…
Gender
9. Civil Liberties vs. Civil Rights? What is the difference?
9. Civil Liberties vs. Civil Rights? What is the difference?
Civil Liberties applies to everyone, white, black, brown, yellow,
women, all of us, while Civil Rights applies to groups of people
excluded from the American process
10. There are a bunch of Vietnamese people who want to live in the same neighborhood.
What is this called?
10. There are a bunch of Vietnamese people who want to live in the same neighborhood.
What is this called? De Facto Discrimination – there is no law requiring, it’s based on our
living patterns and who we want as our neighbor
Review: What is procedural due process?
Review: What is procedural due process?
The Constitutional requirement that government must follow proper procedures before a person can legitimately be
punished for an illegal offense
11. What is the intermediate standard (or scrutiny) test?
11. What is the intermediate standard (or scrutiny) test?
A moderately difficult standard to meet – gender issues – courts
presume these laws to be neither constitutional or unconstitutional…
the male only registering for the military draft
12. Why were most claims of gender discrimination dismissed
by the Supreme Court?
12. Why were most claims of gender discrimination dismissed
by the Supreme Court?
Because most claims of discrimination against women
were considered ‘reasonable’, like excluding them from combat or the
draft
13. How were most advancements in civil rights made in the
twentieth century?
13. How were most advancements in civil rights made in the
twentieth century?
Through court action and the Supreme Court
14. In the 1970s, bussing, or the forced integration of schools, was an attempt to deal with
what type of discrimination?
14. In the 1970s, bussing, or the forced integration of schools, was an attempt to deal with
what type of discrimination? De facto segregation, people of the
same color living in neighborhoods and going to the same schools – creating all
black and all white school districts
15. What did the Thirteenth Amendment do?
15. What did the Thirteenth Amendment do?
Freed the slaves and made slavery illegal
Review: What is the Exclusionary Rule?
Review: What is the Exclusionary Rule?
It bars the use of trials of evidence obtained in violation of a person’s
constitutional rights, established as a result of the Weeks v. US
Supreme Court case
16. What does the Equal Employment Opportunity Act do?
16. What does the Equal Employment Opportunity Act do?
It made gender and racial discrimination in the workplace
illegal
17. When or where in the US Constitution does the idea of
equality first appear?
17. When or where in the US Constitution does the idea of
equality first appear?
The Fourteenth Amendment
18. What are some of the specifics of the 1964 Civil Rights Act?
18. What are some of the specifics of the 1964 Civil Rights Act?
It forbade discrimination in employment on the basis of race, color, national origin, religion, or gender
It created the equal employment opportunity commission
Strengthened voting rights legislation
19. What is de jure segregation?
19. What is de jure segregation?
Segregation by law, like separate but equal
20. How quickly did the Supreme Court order schools to be
desegregated after Brown?
20. How quickly did the Supreme Court order schools to be
desegregated after Brown?
With “all deliberate speed”. Now, if you know what that means, you’re ahead of school boards around the
country in the 1950s.
Review: What is the Clear & Present Danger test?
Review: What is the Clear & Present Danger test?
Oliver Wendle Holmes said Congress could restrict free speech if it was “of such a nature as to create a clear &
present danger to the nation’s security…established as a result of
Schenck v. United States
21. What is the Hyde Amendment?
21. What is the Hyde Amendment?
Restricts the use of federal funds for abortions
Medicaid funds can’t be used for abortions for low-income women
Has been upheld as constitutional by the US Supreme Court
22. Can a private organization ban gay men from being members?
22. Can a private organization ban gay men from being members?
Yes, for example, the Boy Scouts of America can ban gay men
from serving, as upheld by the Supreme Court
23. Before Brown, were there other cases or attempts by the black
community to seek equal rights?
23. Before Brown, were there other cases or attempts by the black
community to seek equal rights?
Yes, there were a number of cases…Brown was a logical extension of other
civil rights cases. Brown did not just come out of the blue.
24.Why was bussing an ineffective tool to achieve integration in
public schools?
24.Why was bussing an ineffective tool to achieve integration in
public schools? White families began sending their children to
private schools It fragmented otherwise unified neighborhoods Public schools lost their sense of community Supreme Court rulings began to constrict what
was and wasn’t considered segregated neighborhoods
25. Under the Regents of the University of California v. Bakke
25. Under the Regents of the University of California v. Bakke
Colleges can consider race a factor in admissions because a diverse student body is a
legitimate educational goal
Review: What is Federalism?
Review: What is Federalism?
The separation of sovereign authority between state and
federal government, as a result of the Tenth Amendment
Review: What is selective incorporation?
Review: What is selective incorporation?
The absorption of certain provisions of the Bill of Rights into
the Fourteenth Amendment so that these rights are protected from
infringement by the states
The End