3.10

Introduction

  • Instructor: Jennifer Hitchcock

  • Course Subject: AP Government

  • Institution: Thomas Jefferson High School for Science and Technology, Alexandria, Virginia

  • Focus of Lecture: Social movements and equal protection, expanding on the Fourteenth Amendment, particularly discussing strict scrutiny, equal protection, and due process.

Fourteenth Amendment Overview

  • Purpose: Protects citizens from discrimination based on race, religion, national origin, and sex.

  • Key Concepts:

    • Privileges and Immunities:

    • Gifts determined by states; not enforced by the federal government.

    • Rarely seen in courts, currently being re-evaluated (notable mentions of Justice Thomas's opinions).

    • Due Process Clause:

    • Procedural Due Process: Protects fair processes before the government can remove liberty; prevalent in Fourth and Fifth Amendment contexts.

    • Substantive Due Process: Concerns the essence of laws and whether they uphold due process rights; examines if laws obstruct fundamental rights.

Equal Protection Clause

  • Defined separately from due process.

  • Strict Scrutiny Test: A heightened standard for evaluating laws that infringe on equal protection rights.

  • Requirements:

    1. Compelling State Interest: The government must demonstrate that the law serves a crucial and necessary purpose for the state.

    2. Necessary to Achieve Purpose: The action taken must be essential to achieve its stated goal.

    3. Narrowly Tailored: The law cannot be overly broad; it should directly target the issue at hand without infringing on other rights.

    4. Least Restrictive Means: There should be no alternative means to achieve the same goal that would impose less restriction on rights.

  • Application: Rarely passed, especially concerning laws affecting race, religion, or national origin.

Relationship Between Equal Protection and Due Process

  • Due Process:

    • Focuses on reviewing actions of the state in the past; safeguarding traditional practices against short-term majority decisions.

  • Equal Protection:

    • Protects disadvantaged groups from current and historical discrimination; ensures evaluation of laws regardless of historical precedent.

  • Intersection Cases: Certain cases may invoke both equal protection and due process arguments, such as:

    • Obergefell v. Hodges:

    • Supreme Court case that expanded marriage protections to same-sex couples.

Social Movements and Methods of Change

Various avenues exist to push for change, including the following table:

Method

Example

Details

Constitutional Amendments

2020 amendment ratified by Virginia

Currently caught in litigation regarding its official status due to an expiration date clause.

Executive Directives

1948 desegregation of the military

Provided access to jobs and protections for Black and Latino servicemen.

Legislation

1964 Civil Rights Act

A significant legislative change impacting social movements.

Judicial Actions

Brown v. Board of Education

Demonstrated the influence of judicial review and stare decisis in shaping educational segregation laws.

Conclusion

  • Emphasized the interconnectedness of the Fourteenth Amendment, equal protection, and due process in shaping social movements and legal interpretations.

  • Anticipation for future discussion: Reading of Letters from Birmingham Jail in the next video, drawing connections to the principles elaborated in this session.

  • Closing remarks and encouragement for continued learning.

Additional Notes

  • Importance of understanding the dynamics of social movements and legal frameworks in contemporary issues.

  • Recognition of groups advocating for change as both historical and ongoing developments.