AP Gov Unit 3 sec. 3

Equality

favored by most people in the abstract but there is a concrete struggle for it in the sense of equal rights, making it a bitter battle, its definition is also elusive and decisive

Civil Rights

policies that extend basic rights to groups historically subject to discrimination

Today's Inequality Debates

discrimination based on race, gender, age, disability, and sexual preference

Conceptions of Equality

philosophically defining the term, constitutionally interpreting the laws, politically involving power, and Americans view of equality of opportunity (not outcome/results)

Constitutional Convention

had a plan for government but not rights

Constitution and Equality

does not mention it, implications for the principle exist as it is implied and not specifically states

14th Amendment

"equal protection of the laws" cannot be denied by the states to any person, means constitutional expansion of right for disadvantaged groups, only place mentioning equality in Constitution

Judicial Scrutiny

how the court will approach any law that discriminates against a group, 3 standards: reasonable, ethnic/racial, and gender

Reasonable Classifications

constitutional due to their rational basis

Ethnic/Racial Classifications

strict scrutiny as they are inherently suspect and presumed invalid unless there is a compelling government interest

Gender Classifications

medium/intermediate scrutiny, assumed as neither valid or invalid, must bear substantial relationship to important legislative purpose

Racial Equality

mainly for African Americans but benefits other groups as well

Eras of African American Equality Struggle

colonization to Civil War, reconstruction and resegregation, 1954 to present (Civil Rights Era)

Race in the Era of Slavery (1600s to 1865)

public policy had to accommodate the interests of slave owners as they were introduced to the colonies, Dred Scott v. Sanford, thirteenth amendment

Dred Scott v. Sanford

1857, defense of slavery as an institution, African Americans were seen as chattel (not people) and had no rights under a white man's government, Congress had no power to ban slavery in western territories

Race in the Era of Reconstruction/Resegregation

end of Civil War to 1954, Jim Crow Laws, Plessy v. Ferguson, limited progress in equality

Jim Crow Laws

black codes, segregation laws that required African Americans to use separate public facilities, division of white and colored

Plessy v. Ferguson

1896, segregation in public facilities was constitutional as long as the facilities were substantially equal (separate but equal doctrine - inherently UNequal)

De Jure

southern legally required segregation

De Facto

northern customary segregation done in practice but not law

Brown v. Board of Education

1954, marks beginning of Civil Rights era, set aside precedent set in Plessy v. Ferguson, school segregation is inherently unconstitutional as it violates the 14th Amendment's equal protection of the law, ordered lower courts to proceed with action to desegregate public schools, moved slowly until passage of Civil Rights Act of 1964

Civil Rights Act of 1964

made racial discrimination illegal in hotels/motels/restaurants/public accommodation, forbade many forms of job discrimination, denied federal funds to segregated schools

Civil Rights Movement

began in 1955, key strategies: sit ins, marches, civil disobedience; sought to establish equal opportunities in the political/economic sectors and to end policies that put barriers against people due to race, increase in policies to foster racial equality

Swann v. Charlotte-Mecklenburg County Schools

1971, bussing to ensure racially balanced schools is constitutional

15th Amendment

1870, guaranteed African Americans the right to vote, full implementation did not occur

Methods of Discrimination to Prevent Black Voters

grandfather clauses, poll taxes, white primaries, voter registration test

Grandfather Clauses

exempted persons whose grandfathers were eligible to vote in 1860 from taking literacy test in order to vote; exemption did not apply to children of slaves

Poll Taxes

small taxes levied on the right to vote, income discrimination, used by most southern states to exclude African Americans

White Primaries

permitted parties from excluding blacks from primaries as private institution, chose members

24th Amendment

1964, poll taxes prohibited

Voting Rights Act of 1965

prohibited government from using voting procedures that denied a person the vote on the basis of race/color, federal election registrars sent to areas wit histories of discrimination resulting in African American registrations, produced major increase in number of blacks registered to vote in southern states and held public office

Letter from Birmingham Jail

nonviolent direct action is needed to ensure constitutional guarantees for minority groups, including ending segregation

Native Americans

oldest minority group in America, not made US citizens until 1924, Indian Claims Act

Indian Claims Act

1946, settle financial disputes arising from land taken from Indians

Hispanic Americans

displaced blacks as largest minority group and growing

Hernandez v. Texas

1954, extended protection against discrimination to Hispanics

Asian Americans

fastest growing minority group, placed in internment camps during WWII

Korematsu v. US

1944, SC upheld internment as constitutional during war, Congress later provided benefits for former internees

Arab Americans and Muslims

been victims of increased numbers of biased-related assault, threat, vandalism, and arson

Women's Equality

emphasized legislation over litigation (law over court rulings), battle to vote, first activists were abolitionists due to lack of civil rights for both groups

Coverture

legal doctrine that deprived married women of any identity separate from their husbands, no independence

Seneca Falls Convention

1848, Declaration of Rights and Sentiments marked beginning of women's suffrage movement as gaining right to vote would help them obtain other rights

Women's Movement Dark Age

1920s to 1960s, loss of momentum after suffrage - was main goal and there was lack of consensus on other goals

Equal Rights Amendment

written by Alice Paul, tried to end protectionist laws that perpetuate sexual inequality, seen as a threat to family structure, passed Congress in 1972 but not ratified, has many constitutional questions up for debate

2nd Feminist Wave

grew out of civil rights movement, National Organization for Women and National Women's Political Caucus

Reed v. Reed

1971, SC ruled that any arbitrary sex-based classification violated the equal protection clause of the 14th Amendment

Craig v. Boren

1976, established a medium scrutiny standard under which sex discrimination would be presumed to be neither valid nor invalid

Equal Employment Opportunity Commission

1972, was given power to sue employers suspected of illegal discrimination

Title IX of Education Act of 1972

forbade sex discrimination in federally subsidized education programs, including athletics

Comparable Worth

fact that traditional women's jobs often pay less than men's jobs that demand comparable skill, NOT women making less than men in same job

Women in Military

served in every branch since WWII, only men must register for the draft at 18 (selective service) - ruled as discrimination, women are prohibited from serving in combat

Sexual Harrassment

violates federal policies against sexual discrimination in the workplace

Harris v. Forklift Systems

1993, SC held that no single factor is required to win a sexual harassment case under Title VII of 1964 Civil Rights Act

Faragher v. City of Boca Raton

1998, Sc stated that employers can be held liable for even those harassing acts of supervisory employees that violate clear policies and of which top management has no knowledge

Americans with Disabilities Act of 1990

requires employers and public facilities to provide reasonable accommodations and prohibits discrimination

Affirmative Action

policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group