Civil+Rights+Chapter+of+Reader+%282%29

The 13th, 14th, and 15th Amendments

Civil War Amendments: Ratified after the Civil War, these amendments address the legal rights of individuals regarding equality and civil rights.

Civil rights refer to the legal provisions that uphold the concept of equality.
Unlike civil liberties, civil rights focus on shared characteristics among individuals who have faced discrimination.
Such laws ensure full citizenship and protect against arbitrary treatment by the government.
Historical context involves a reality where individuals can feel mistreated based on characteristics like race, gender, or sexual orientation.

Abolished Slavery: It definitively ended slavery in the United States.
Controversies exist regarding involuntary servitude relating to military drafts but fundamentally ended the division over slavery that had long existed.

More complex than the 13th Amendment; its key components include:
- Establishing U.S. citizenship as superior to state citizenship.
- Incorporating the Due Process Clause and the Equal Protection Clause:
  - Due Process Clause: Prohibits states from depriving persons of life, liberty, or property without due process.
  - Equal Protection Clause: Ensures that no state shall deny any person equal protection under the laws. This clause is crucial for anti-discrimination litigation.

Yick Wo v. Hopkins (1886) case emphasized that equal protection extends beyond former slaves to all persons, including noncitizens.

Discrimination defined as an arbitrary or unreasonable distinction among people.
For a successful claim, two criteria must be met:
- A law must create a classification treating one group less favorably than others.
- There must be state action backing the discriminatory classification.
Invidious Discrimination: Considered unconstitutional; it's arbitrary treatment lacking justification.
Acceptable Discrimination is defined as lawful when it has a sensible basis (e.g., qualification-based differences).

Rational Basis Scrutiny:
- Used for most discrimination cases; courts evaluate if the discrimination is rational or arbitrary.
Strict Scrutiny:
- Applied when discrimination targets suspect classes (e.g., race); the state must demonstrate a compelling interest and use the least restrictive means.
Intermediate or Heightened Scrutiny:
- Used for quasi-suspect classes (e.g., gender); must serve important governmental objectives and be closely related to the achievement of those objectives.

Equal Protection Clause applies to state actions, not private discrimination.
Examples of state action include policies from local governments, but discrimination by private parties does not violate this clause.
Legislation like the Civil Rights Act of 1964 addresses discrimination in public accommodations, labor, etc., enforcing equality.

Voting Rights: Prohibits race-based discrimination in voting.
The amendment faced challenges and resistance, primarily in southern states, delaying its effectiveness until the 1960s civil rights movement.

Post-Civil War amendments empowered Congress to enforce civil rights, resulting in significant laws:
- Civil Rights Act of 1866: Guaranteed the right to property for blacks.
- Civil Rights Act of 1964: The most significant act addressed public accommodations and discrimination effectively leveraging the commerce clause for enforcement.
Subsequent amendments and acts have broadened protections in various domains, including housing and disability rights.

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