Civil Rights Notes

Introduction to Civil Rights

  • Quotes and References:

    • Mention of a quote by David Brooks about leadership, setting the tone for civil rights discussions.

Definition of Civil Rights

  • Civil Rights: Government guarantees for citizens to be treated equally under the law.

  • Civil Liberties: Individual rights protecting against government interference (e.g. free speech, right to bear arms).

Origins of Civil Rights

  • Foundational Documents: The Declaration of Independence emphasizes equality: "All men are created equal."

  • Equal Protection Clause: Found in the 14th Amendment, ensuring equal protection under the law for all citizens.

Legal Discrimination

  • Legal vs. Unlawful Discrimination: Some laws may discriminate but are legally permissible.

  • Determining Unlawful Discrimination: Three tests used to assess legality: Rational Basis Test, Intermediate Scrutiny, Strict Scrutiny.

Rational Basis Test

  • Application: Used for laws discriminating not based on race, gender, or sex.

  • Government Justification: Must show a legitimate rationale related to government policy goals.

  • Example:

    • Policy: Prohibition of driver's licenses for blind citizens.

    • Rationale: Safety concerns justify the discrimination.

Intermediate Scrutiny

  • Application: Used for laws that discriminate based on gender or sex.

  • Government Justification: Must show the discrimination is essential and related to a government objective.

  • Example:

    • Policy: Historically, not allowing women in combat.

    • Rationale: Argued due to differences in combat effectiveness based on gender.

    • Current Status: Recently struck down, now seen as discriminatory.

  • Restroom Policies: Separate restrooms for men and women are justifiable under this scrutiny level.

Strict Scrutiny

  • Application: Used for laws that discriminate based on race or ethnicity.

  • Government Justification: Must demonstrate a compelling government interest, and laws must be narrowly tailored to achieve that interest.

  • Example:

    • Affirmative Action Policies: Aimed at increasing minority representation in universities.

    • Compelling Interest: Diverse student bodies enhance educational experiences.

    • Narrow Tailoring: Legal scrutiny on how well these policies avoid unjust discrimination against non-minorities in admissions.

Applying the Tests

  • Rational Basis Example:

    • Law: Requires a 3.5 GPA for college admission.

    • Discrimination: Against students with GPA < 3.5.

    • Test: Rational Basis; government could argue the efficient use of educational resources.

  • Intermediate Scrutiny Example:

    • Law: Prohibits smoking for pregnant women.

    • Discrimination: Against pregnant women.

    • Test: Intermediate Scrutiny; government interest in protecting unborn child health.

  • Strict Scrutiny Example:

    • Law: Prohibits African Americans from owning firearms.

    • Discrimination: Against a racial group.

    • Test: Strict Scrutiny; government must show compelling interest in safety and narrow tailoring.

Conclusion

  • Understanding the Tests:

    • Rational Basis Test: For non-racial/sexual discriminations.

    • Intermediate Scrutiny: For gender-based discriminations.

    • Strict Scrutiny: For racial/ethnic discriminations.

  • Future Examinations: Upcoming exam will require application of these tests to hypothetical laws and explanations for legal status based on presented rationales.