Unit 2; The equal protection clause and civil rights [African Americans and Gender]

Civil rights

Promise from government that they will treat everyone equally and without prejudice

Rational Basis Test

Legally allowed discrimination most have rational basis to exist.

• Why 13 years old cannot vote or drive

Strict Scrutiny Test

If the case involves discrimination that reflects prejudice based on race and ethnicity the gov must provide a compelling reason to allow the action and must use the least restrictive means possible

• Every form of racial segregation was seen as unconstitutional under this test

Civil rights act of 1957

Began to address the issue of black voting rights by making it a federal crime to prevent a person from voting in federal elections and established the justice department civil rights division.

Civil rights act of 1964 (African Americans)

Ended jim cor laws which established segregation in public places, prohibited discrimination in employment based on race, gender, or religion and created the Equal employment opportunity commission to enforce the issue.

De Facto Segregation

Segregation that occurs in fact but not supported by law

Voting rights act of 1965

Outlawed literacy tests and allowed federal oversight of voter registration in areas w a history of discrimination.

Plessy v. Ferguson (1896)

upheld the constitutionality of racial segregation under the "separate but equal" doctrine.

• This ruling legitimized state laws requiring separate facilities for black and white Americans, particularly in the South

Brown v. Board of Education of Topeka (1) (1954)

the Supreme Court ruled unanimously that racial segregation in public schools was unconstitutional

• effectively overturning the "separate but equal" doctrine established in Plessy v. Ferguson.

• This landmark decision was a major victory for the Civil Rights Movement and significantly impacted education in the United States

Brown v. Board of Education of Topeka (2) (1955)

Focused on the implementation of desegregation, directing school districts to desegregate "with all deliberate speed."

• The Court placed the primary responsibility for desegregation on the local school districts, requiring them to implement plans that would eliminate segregation in public schools.

Regents of the University of California v. Bakke

The Court ruled that while quotas in admissions were unconstitutional, race could be considered as one factor among many in a diverse applicant pool.

Shaw v. Reno

The case centered on a North Carolina congressional district drawn after the 1990 census, which was unusually shaped and designed to create a majority-minority district. The Court ruled that this type of district, due to its unusual shape, raised a constitutional issue under the Fourteenth Amendment's Equal Protection Clause, requiring strict scrutiny.

Equal Pay Act (1963)

Made it illegal to base pay on race, gender, religion, or national origin

Civil Rights Act of 1964 (Gender)

prohibited discrimination in employment based on gender

Title IX of Education Act of 1972

Prohibits only institution of higher education that receives federal funding to discriminate based on gender. This has been instrumental in the rise of womens athletic programs

Lily Ledbetter Fair Pay Act of 2009

allows suits based on discriminatory pay practices