Equal Protection
How Civil Rights Work
What are Civil Rights?
At its most basic, civil rights are a guarantee that the government will treat people equally, particularly groups of people that have historically been denied their rights.
The 5th and 14th Amendments
The 5th Amendment ensures that if the federal government wants to deprive you of life, liberty, or property it must apply due process to all citizens.
The 14th Amendment through the equal protection clause extends those protections of life, liberty, and property to all state and local governments.
Can the law treat people differently?
The government legally discriminates for a variety of reasons.
Reaching certain ages for voting, smoking, drinking, driving, etc.
Admissions policies to public universities.
Qualification for “needs based” programs.
Inclusion in the selective service system.
Capability to get a driver’s license.
As long as it meets a rational basis for the government to discriminate.
How do the courts weigh discrimination?
Rational Basis
As long as there’s a reason for treating some people differently that is “rationally related to a legitimate government interest,” the discriminatory act or law or policy is acceptable.
Intermediate Scrutiny
Used when issues of gender or sex discrimination are examined by the courts.
Requires the government to demonstrate that treating men and women differently is “substantially related to an important governmental objective.”
Strict Scrutiny
Discrimination against members of racial, ethnic, or religious groups or those of various national origins is reviewed to the greatest degree by the courts.
The government must prove the need for the law. It must be narrowly tailored and be the least restrictive means of accomplishing the goal.
What is Affirmative Action?
Government actions and policies designed to promote the inclusion of groups that have historically been disadvantaged.
The legal definition of these programs has been challenging, as the courts have not been consistent in using strict scrutiny.
Regents of the University of California v. Bakke (1978)
A white student filed a lawsuit alleging “reverse discrimination” after he was not admitted to medical school because the white quota had been filled.
The court ruled quota systems unconstitutional.
Students for Fair Admissions, Inc. v. Harvard University (2023)
The court ends Affirmative Action in college admission policies, places focus on “race blind” admission standards.
How did we get Civil Rights in the Constitution?
To compensate for “black codes” passed by southern states after reconstruction.
The 14th Amendment - defines citizens, enforces due process and equal protection on all state and local governments actions and laws.
The 15th Amendment - prohibits discrimination in voting based on race or previous state of servitude.
How do we identify future civil rights issues?
Which groups? First, identify the group of people who are facing discrimination.
Which right(s) are threatened? Second, what right or rights are being denied to members of this group?
What do we do? Third, what can the government do to bring about a fair situation for the affected group? Is proposing and enacting such a remedy realistic?