Civil Rights
13th Amendment
Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the
party shall have been duly convicted, shall exist
within the United States, or any place subject to
their jurisdiction.
Section 2. Congress shall have power to enforce this
article by appropriate legislation.
14th Amendment
Section 1. All persons born or naturalized in the
United States, and subject to the jurisdiction
thereof, are citizens of the United States and of
the State wherein they reside. No State shall make
or enforce any law which shall abridge the
privileges or immunities of citizens of the United
States; nor shall any State deprive any person of
life, liberty, or property, without due process of
law; nor deny to any person within its
jurisdiction the equal protection of the
laws.
15th Amendment
Section 1. The right of citizens of the United States
to vote shall not be denied or abridged by the
United States or by any State on account of race,
color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce
this article by appropriate legislation.
Discrimination
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Is discimination always bad?
Governmental Discrimination
Private Discrimination
Ending Racial Discrimination
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Brown v. Board of Education (1954)
Bolling v Sharpe (1954)
Civil Rights Act of 1964
o
Heart of Atlanta Motel v. United States
De Facto and De Jure segregation
o
o
Bussing
Affirmative Action
Supreme Court and Discrimination
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Suspect Classification
"Tests"
Strict Scrutiny
o Moderate/Intermediate Scrutiny
o Rational Basis
o
Discrimination in Voting
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Literacy Test with Grandfather Clause
exception
White Primary
Poll Tax
Racial Gerrymandering
Extending the Franchise
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15th Amendment (1870)
Smith v. Allwright (1944)
24th Amendment
Voting Rights Act 1965
Sex Discrimination
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19th Amendment
Civil Rights Act of 1964
Equal Rights Amendment?
o
Sent for ratification in 1972. Failed in 1982.
Equal Protection Clause
o
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Reed v Reed (1971)
Craig v Boren (1976)
Discrimination based on Sexual
Orientation
Sexual orientation is generally not a suspect
classification
Exceptions:
Northern Judicial District of California
Golinski v. Office of Personnel Management
Affirmative Action
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Bakke v California (1978)
Grutter v Bollinger (2003)
Gratz v Bollinger (2003)
Racial Quotas vs Race as a Factor
"The Program" at State College
(ACT) + (GPA X 10) = Score
100 Slots to Top 100 Scores
Racial Quota
80 Whites 20 Nonwhite
Race as a "Factor"
(ACT) + (GPA X 10) + (5pts if minority)= Score
"Equality"
Equality of Opportunity
Equality of Result