Ch.5 Civil Rights

Civil rights

policies designed to protect people against arbitrary or discriminating treatment by government officials

examples of discrimination 

race, gender age, disability, sexual orientation 

Dred Scott v sanford

upheld slavery, invalidates Missouri compromise

Jim Crow Laws 

Resegregation after reconstruction 

Plessy v Ferguson

Upholds segregation

Guinn v U.S

Banned the Grandfather clause

Smith v Allwright

Banned a system of “white primaries” and ruled it unconstitutional. This practice barred African americans from voting in southern states

Truman does what with military

desegregates it

Brown v Board of Education

Ruled that racial segregation in public schools is unconstitutional 

amendment 23

grants residents of Washington, D.C., the right to vote in presidential elections by giving the District of Columbia a number of Electoral College electors equal to what it would have if it were a state

EEOC

equal, employ, opportunities, commision

amendment 25

bans poll tax

civil rights act of 1964

1. discrimination illegal in hotels, motels, restaurants, etc

2. forbade discrimination in employment 

3. created EEOC 

4. withhold federal grants from local governments 

5. strengthened voting 

voting rights act of 1965

ovecame legal barriers at the state and local levels that denied African Americans the right to vote.

Harper v Va State Board

state election poll tax is banned

Swann v Charlotte - Mecklenburg

used busing to achieve racial integration of schools - puts board of Ed into a reality

1982 Amendment

banned racial gerrymandering

gerrymandering

the manipulation of an electoral constituency boundaries so as to favor one party or class.

De June

By law

De Facto

In reality

Native Americans

1% of the U.S

citizenship given in 1924

Indian claims Act

settled money disputes about land

Santa Clara Pueblo v Martinez (1978)

Strength turned self governing of Indian tribes

Hispanic Americans 

(19%)

Hernandez v Texas 

excluding hispanics from jury duty is unconstitutional - extends equal protection

Cesar Chavez

united farm workers - migrants

Maldef 1968

Mexican American legal defense and education fund 

Asian Americans

6-7%

Korematsu v U.S

upheld internment camps for the Japanese

Civil Liberties act (1988)

apology and compensation

Arab Americans and Muslims

1-2%

rasul v bush

A detainee's right to challenge detention is constitutional

women’s rights and gender discrimination

1848-1920

Women who advocated for women's rights

Mott, Stanton, and Anthony 

seneca falls declaration

a lot like the declaration of independence, they spoke about voting and the idea that women are not different from men in the law

coverture 

no separate ID

19th amendment

women can vote, indirect right to run for office

Equal rights amendment

equality of rights shall not be denied on account of sex (did not pass), showed majority wanted women's rights

reed v reed

property of a dead child, rights for women now considered

craig v boren 

intermediate scrutiny, alcohol law, age of drinking was lower for women, men win

faragher v Boca Raton

sexual harassment - lifeguards - employer and top management are liable for supervisory of employees 

roe v Wade

issue - right to privacy - abortion is made legal —> dobb left it up to the states

americans with disability act

requires employers and public facilities to make ”reasonable accommodation “ for people with disabilities 

age

social security, age discrimination in employment act, no compulsory retirement age

bowers v Hardwick

state ban on sexual acts

lawrence v Texas

overturns bowers

civil union

offers some protection of marriage without marriage 

DOMA

reversed under Obama, doma said gay marriage was not transferable 

obergefell v Hodges

state laws that ban same sex unions are unconstitutional - gay marriage now legal 

affirmative action

policies designed to reverse past discrimination

new affirmative actions laws

jobs cant discriminate, colleges consider race when applying, all contracts cannot go out to only white companies

regents of UCLA v Bakke

could not admit a less qualified student because of race, race can be used as a factor, not a strict quota