Civil Rights Act of 1964
 The Civil Rights Act of 1964 was a landmark piece of legislation
in the United States that outlawed major forms of discrimination
against racial, ethnic, national and religious minorities and women.
 It ended unequal application of voter registration requirements
and racial segregation in schools, at the workplace and by facilities
that served the general public ("public accommodations").
 Powers given to enforce the act were initially weak, but were
supplemented during later years.
 Congress asserted its authority to legislate under several different
parts of the United States Constitution, principally its power to
regulate interstate commerce under Article I (section 8), its duty to
guarantee all citizens equal protection of the laws under the
Fourteenth Amendment and its duty to protect voting rights under
the Fifteenth Amendment. The Act was signed into law
by President Lyndon B. Johnson, who would later sign the
landmark Voting Rights Act into law.
Voting Rights Act of 1965
 The Voting Rights Act of 1965 is a landmark piece of
national legislation in the United States that outlawed discriminatory
voting practices that had been responsible for the widespread
disenfranchisement of African Americans in the U.S.
 Echoing the language of the 15th Amendment, the Act prohibits states from
imposing any "voting qualification or prerequisite to voting, or standard,
practice, or procedure ... to deny or abridge the right of any citizen of the
United States to vote on account of race or color."
 Specifically, Congress intended the Act to outlaw the practice of requiring
otherwise qualified voters to pass literacy tests in order to register to vote, a
principal means by which Southern states had prevented African
Americans from exercising the franchise.
 The Act established extensive federal oversight of elections administration,
providing that states with a history of discriminatory voting practices (socalled "covered jurisdictions") could not implement any change affecting
voting without first obtaining the approval of the Department of Justice, a
process known as preclearance.
Practice Problem #1
 Texas v. Johnson
 Facts of the Case


In 1984, in front of the Dallas City Hall, Gregory Lee Johnson
burned an American flag as a means of protest against Reagan
administration policies. Johnson was tried and convicted under a
Texas law outlawing flag desecration. He was sentenced to one
year in jail and assessed a $2,000 fine. After the Texas Court of
Criminal Appeals reversed the conviction, the case went to the
Supreme Court.
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #2
 Gitlow v. New York (1922)
 Facts of the Case


Gitlow, a socialist, was arrested for distributing copies of a "leftwing manifesto" that called for the establishment of socialism
through strikes and class action of any form. Gitlow was convicted
under a state criminal anarchy law, which punished advocating the
overthrow of the government by force. At his trial, Gitlow argued
that since there was no resulting action flowing from the
manifesto's publication, the statute penalized utterences without
propensity to incitement of concrete action. The New York courts
had decided that anyone who advocated the doctrine of violent
revolution violated the law.
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #3
 Heart of Atlanta Motel v. U.S. (1964)
 Facts of the Case


Title II of the Civil Rights Act of 1964 forbade racial discrimination
by places of public accommodation if their operations affected
commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused
to accept Black Americans and was charged with violating Title II.
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #4
 Lemon v. Kurtzman (1970)

Facts of the Case


This case was heard concurrently with two others, Earley v. DiCenso
(1971) and Robinson v. DiCenso (1971). The cases involved
controversies over laws in Pennsylvania and Rhode Island. In
Pennsylvania, a statute provided financial support for teacher salaries,
textbooks, and instructional materials for secular subjects to nonpublic schools. The Rhode Island statute provided direct supplemental
salary payments to teachers in non-public elementary schools. Each
statute made aid available to "church-related educational
institutions.“
 This case created the Lemon Test: To be constitutional, a statute
must have "a secular legislative purpose," it must have principal
effects which neither advance nor inhibit religion, and it must not
foster "an excessive government entanglement with religion.“
What portion(s) of the Constitution is relevant to the decision of this
case? Why?
Practice Problem #5
 Tinker v. Des Moines (1969)

Facts of the Case


John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old,
and Christopher Echardt, 16 years old, decided along with their
parents to protest the Vietnam War by wearing black armbands to
their Des Moines schools during the Christmas holiday season. Upon
learning of their intentions, and fearing that the armbands would
provoke disturbances, the principals of the Des Moines school district
resolved that all students wearing armbands be asked to remove them
or face suspension. When the Tinker siblings and Christopher wore
their armbands to school, they were asked to remove them. When they
refused, they were suspended until after New Year's Day.
What portion(s) of the Constitution is relevant to the decision of this
case? Why?
Practice Problem #6
 Roe v. Wade (1972)
 Facts of the Case


Roe, a Texas resident, sought to terminate her pregnancy by
abortion. Texas law prohibited abortions except to save the
pregnant woman's life. After granting certiorari, the Court heard
arguments twice. The first time, Roe's attorney -- Sarah
Weddington -- could not locate the constitutional hook of her
argument for Justice Potter Stewart. Her opponent -- Jay Floyd -misfired from the start. Weddington sharpened her constitutional
argument in the second round. Her new opponent -- Robert
Flowers -- came under strong questioning from Justices Potter
Stewart and Thurgood Marshall.
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #7
 Gideon v. Wainright (1964)
 Facts of the Case


Gideon was charged in a Florida state court with a felony for
breaking and entering. He lacked funds and was unable to hire a
lawyer to prepare his defense. When he requested the court to
appoint an attorney for him, the court refused, stating that it was
only obligated to appoint counsel to indigent defendants in capital
cases. Gideon defended himself in the trial; he was convicted by a
jury and the court sentenced him to five years in a state prison.
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #8
 Gregg v. Georgia (1975)
 Facts of the Case


A jury found Gregg guilty of armed robbery and murder and
sentenced him to death. On appeal, the Georgia Supreme Court
affirmed the death sentence except as to its imposition for the
robbery conviction. Gregg challenged his remaining death
sentence for murder, claiming that his capital sentence was a
"cruel and unusual" punishment
What portion(s) of the Constitution is relevant to the decision
of this case? Why?
Practice Problem #9
 Arizona v. The Inter Tribal Council of Arizona (2012)

Facts of the Case:


The legal dispute over the registration requirement dates back to 2004
when Arizona voters passed a ballot initiative, Proposition 200,
designed to stop illegal immigrants from voting. The measure
amended state election laws to require voters to show proof of
citizenship to register to vote, as well as identification to cast a ballot
at the polls. Arizona residents, Indian tribes and civil rights groups
sued to challenge measure. The registration law requires voters to
present "satisfactory evidence" of U.S. citizenship, including a driver's
license number, naturalization papers, U.S. birth certificate or
passport.
What portion(s) of the Constitution is relevant to the decision of this
case? Why?
Practice Problem #10
 Why is the process of
applying civil liberties to the
states through the 14th
Amendment referred to as
“selective incorporation?”
 What does the game red rover
have in common with
selective incorporation?
 As a group, come up with
your own metaphor of
selective incorporation.
Data Review
Data Practice
Gender Equality
 19th Amendment : gender cannot be used to
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disqualify a voter
Civil Rights Act of 1964 : banned gender
discrimination in employment
Griswold v. Connecticut (1965): privacy of sexual
relations
Roe v. Wade (1973): mother’s right to privacy
Planned Parenthood v. Casey (1992): minors must
wait 24 hours after gaining parent approval before
getting an abortion. Also struck down “informed
spousal consent” from Roe v. Wade.