Civil Rights

• Guaranteed protections of groups of people from discrimination, prejudice, inequality, injustice

CIVIL RIGHTS

• Definition:

  • Protection of groups of people from discrimination based on characteristics: race, national origin, religion, sex

  • Expands governmental power (as opposed to civil liberties)

• Constitutional Backing:

  • 14th Amendment Equal Protection Clause

  • "Nor shall any state deprive any person within its jurisdiction the equal protection of the laws"

  • Notice - PERSON, not citizen

    • Why is that important

SOCIAL MOVEMENTS

• Definition:

  • Broad based citizen led movement that attempt to change policies

    • Civil rights

    • Women's rights

    • LGBTQ rights

    • And more

  • EP Clause supports and motivates these movements

• Letter from Birmingham Jail:

  • Martin Luther King Jr.

  • Demands fulfillment of the promises made by the Declaration of Independence and the 14th Amendment Equal Protection Clause for minorities

  • Arguing for the end of state established segregation policies

SEPARATE BUT EQUAL - NOT OKAY

• Brown vs. Board of Education (1954)

  • Racially segregated public schools violate the equal protection clause. Overturned Plessy vs. Ferguson

  • Several lawsuits consolidated into this case - Linda Brown denied admittance to the white school near her house.

  • 9-0 decision - Majority by Chief Justice Warren

  • "separate but equal is inherently unequal and therefore unconstitutional"

  • Ordered schools to desegregate with "all deliberate speed"

    • Virtually no schools complied

    • Little Rock 9 - Eisenhower-s decision to send federal troops to desegregate the high school

• Legislative Triumphs

  • Civil Rights Act of 1964

    • Banned discrimination on basis of race, sex, religion, national origin in public accommodations or employment

    • Each became protected classes

    • If you serve the public - you can't discriminate

  • 24th Amendment - No POLL TAXES

  • Voting Rights Act of 1965

    • Banned literacy tests, set up federal preclearance

  • Women's Rights

    • 19th Amendment - VOTE!

    • Equal Pay Act of 1973

      • Banned wage discrimination on the basis of sex, race, religion or national origin

    • Title IX of Educational Amendments

      • Prohibits discrimination on the basis of sex in any federally funded education program

      • Federalism at play here!

  • People With Disabilities

    • American with Disabilities Act of 1990

      • Banned employment discrimination of people with disabilities in many areas of public life

      • Service animals, braille, ramps, etc.

  • LGBTQ Rights

STRICT SCRUTINY LAW SCHOOL 101

• The Famous Footnote 4 from Carolene Products

• It's all about balancing power and liberty

• To determine whether a content-based law passes constitutional muster, courts generally apply a legal standard called strict scrutiny, under which the government must show that the law is the "least restrictive means" of advancing a "compelling" governmental interest