Civil Rights: Equal
Justice Under Law
Chapter 20
Goals & Objectives
1. Diversity & Discrimination.
2. 14th amendment and Equal
Protection.
3. Federal Civil Rights Laws &
Affirmative Action.
4. American Citizenship.
Diversity and
Discrimination
• George Orwell’s: Animal Farm
– Social Darwinism vs. Equality?
• The concept of Equality vs. Freedom
• The concept of Equality vs. Liberty
• The concept of Equality vs. pursuit of
happiness
1984: A must read
Race Based Discrimination
1.
2.
3.
African Americans: Slavery,
Segregation, Jim Crow Laws
Native Americans: Broken Treaties,
Dept. of Interior (Reservations)
Hispanic Americans:
1.
2.
Mexican, Puerto Rican, Cuban,
South & Central American
Refugee: def.
Race Based Discrimination
4. Asian Americans:
--Assimilation: def.
--Chinese Exclusion Act 1882
--Gentleman’s Agreement (Japan)
--Bollinger Cases (2003)
5. White Males:
--Affirmative Action limitations
Discrimination Against Women






Seneca Falls, New York: 1848, begins
women’s movement
1920: 19th amendment, Right to Vote
1964: Civil Rights Act
1963: Equal Pay Act
“Mommy Track”
Glass Ceiling: def
Equality Before the Law
1.
Equal Protection Clause:
1.
2.
14th and 5th amendments
Legal Government Discrimination Today
1.
2.
3.
2.
Affirmative Action:
Set-Aside Contracts:
Progressive Taxation:
How and Why do we Discriminate?
African or Black Americans
1.
2.
2nd largest minority (14%)
Slavery & Indentured Servitude
1.
3.
13th 14th 15th Amendments
Jim Crow & Segregation
1.
2.
Plessy vs Ferguson (1896)
Brown vs Board of Education (19541955)
Slavery
to
Jim Crow
Native Americans or Indians
1.
2.
3.
4.
5.
6.
7.
8.
1500-1700’s: Wars, Disease
Appalachian Expansion & Treaty violations.
1803 Louisiana Purchase & Treaty violations.
1850-1890: Indian Wars
Apache Wars
Seminole Wars
1924 Citizenship for Native Americans
1973 Standoff at Wounded Knee (AIM)
Wounded Knee 1890-1973
Hispanics, Latinos, Mestizo, Mulatto,
Chicano, Puerto Ricans, Cubans
1.
2.
Hispanics may be of “any” race.
Hispanics are largest minority group.
Mullatos
& Hispanics
Asian Americans
1.
2.
3.
4.
5.
Assimilation:
Chinese Exclusion Act 1882
Gentleman’s Agreement:
Fastest growing minority population
Various: cultures, religions,
languages, traditions with little
commonality
Indian Asians & Chinese Asians
Equality Before the Law
1.
2.
Reasonable Classification: Gov’t drawn distinctions
between people in order to “regulate” people and human
behavior.
1.
Criminals: Gov’t may discriminate against criminals
rights.
2.
Smokers: Gov’t may tax smokers but not non-smokers.
Rational Basis Test: prevent teen pregnancies goal
1.
Michael M. vs. Superior Court 1981
1.
Statutory rape: Calif. 19-20 man & 17 or under
female: Male=Prison; Female=Free
Equality Before the Law
2. The Strict ScrutinyTest:
Orr vs. Orr 1979:
--Alabama Case involving
alimony: Alabama awarded
females only
--Violates Rational Basis Test
Segregation in America
1. Jim Crow Laws:
2. Plessy vs. Ferguson 1896: separatebut-equal doctrine
3. Brown vs. Board of Education 1954:
1. Reverses segregation based upon race in
public schools.
2. 1955: Brown Decision: integration:
Unconstitutional court acts
Integration & Civil Rights
 1964 Civil Rights Laws: ends the
“unconstitutional” acts of the court to
integrate.
 Alexander vs. Holmes County Board of
Education 1969
Types of Segregation
 De Facto:
 De Jure:
 By custom or
 By Law—
tradition or choice
 Private or Club
License
 Busing: Swann vs
Charlotte
Mecklenburg Board
of Ed. 1971
Segregation
 Brown vs. Board
Classification by Sex
• Classification by sex is not in and of
itself unconstitutional.
1. Bradwell vs. Illinois 1873: Court upheld State
law banning women from the practice of law.
2. Hoyt vs Florida 1961: Women not required
to serve on juries.
3. Reed vs Reed 1971: Court struck down state
law giving males preference over mothers in
the administration of children’s estates.
4. U.S. vs Virginia 1996: women admitted into
VMI.
Federal Civil Rights Laws
1.
2.
3.
4.
Civil Rights Act 1957, 1960, 1964
Civil Rights Act 1968
Voting Rights Act: 1965,1970,1982
Affirmative Action
1. Regents of Univ. Calif. Vs. Bakke 1978
1. Reverse Discrimination: define
2. The Michigan Cases:
1. Gratz vs. Bollinger
2. Gritter vs. Bollinger
Affirmative Action 1963
1. All federal agencies.
2. All state and local governments.
3. Private employers who sell goods or services
to the federal government.
 10% quota rule:
1. United Steelworkers vs. Weber
1979:companys allowed to promote nonwhites with less seniority or skill.
2. Fullilove v Klutznick 1980: Court upheld quotas
& established Set-Aside Contracts:
Affirmative Action & Ballot
1. 1996: Proposition 209: no
preferential treatment to any person
based upon race, sex, color, ehtnicity
or national origin.
1. Federal District Court: ruled
unconstitutional
2. 9th Circuit Court: overturned decision
3. Supreme Court: refused to hear an
appeal.
American Citizenship
14th amendment: Defines citizenship
two ways:
2. 1. Jus Soli: born
3. 2. Jus Sanguinis: blood
Native Americans citizenship 1924?
1.
Rules of Naturalization
1.
2.
3.
4.
5.
6.
7.
18 years of age
Entered the country legally, lived in U.S. 5 years
File petition for naturalization
Be literate in English language (speak)
Good moral character.
Knowledge and understanding of principles of American
Government
Take oath to renounce any allegiance to any foreign power
and promise to support and defend the U.S. Constitution and
laws of the U.S. against all enemies foreign and domestic.
Collective Naturalization
“en masse”





Florida: 1819
Alaska: 1867
Louisiana: 1803
Texas: 1845
Collective Naturalization:
Loss of Citizenship
1. Expatriation:
2. Denaturalization:
3. Deportation:
Immigration Restrictions:
1. 1882: Chinese Exclusion Act
2. 1885: Immoral persons and
anarchists.
3. 1921-1924: Immigration Acts
4. 1929: National Origins Act: assigned
each European country a quota
5. 1952: Immigration & Nationality Act
6. 1965: Abolished quota system
Present Immigration Policies
1. Limitations: criminals, diseased, drug
abusers & addicts, illiterate, mentally
disturbed
 Deportation:
 Delmore vs Kim 2003: illegals may be
jailed and held without bail or bond.
Present Immigration Laws
1. 1986: Immigration Reform and Control Act:
1. One-year amnesty program for illegals.
2. Crime to hire anyone knowingly illegal.
2. 1996: Illegal Immigration Restrictions Act:
1. Easier to deport illegals.
2. Penalties for smuggling:
3. Doubled the size of Border Control
4. Illegal to obtain welfare benefits.