Advanced Placement American Government and Politics Notes

Advanced Placement American Government and Politics Notes

Civil Liberties vs. Civil Rights

  • Civil Liberties: Include fundamental freedoms such as:
      - Freedom of speech
      - Freedom of the press
      - Freedom of assembly
      - Freedom to petition the government
      - Freedom of religion

  • Civil Rights: Define the basic rights to be free from unequal treatment based on protected characteristics such as:
      - Race
      - Gender
      - Disability

  • Civil Rights Policies: Created by the government to protect against discriminatory treatment.

The Equal Protection Clause

  • Fourteenth Amendment: Guarantees equal protection under the law for all American citizens.

  • Government's Role:
      - Can classify groups reasonably but cannot discriminate unreasonably.

Types of Judicial Tests Under Equal Protection Clause

  1. Rational Basis Test:
       - Asks if the classification is reasonable and relates to a legitimate government purpose.

  2. Strict Scrutiny Test:
       - Applied in cases involving fundamental rights or suspect classifications.
       - More rigorous standard than rational basis.

Suspect Classifications in US Jurisprudence

  • Race: Considered inherently suspect. Classifications based on race are typically unconstitutional.
      - Key Case: Brown v. Board of Education (1954) - declared racial segregation in public schools unconstitutional, overturning Plessy v. Ferguson's precedent.

  • Gender: Treated under an intermediate standard; likely to be found unconstitutional if discriminating unjustly.

  • Other Classifications: Such as age, wealth, and disability must be reasonable to be constitutional.

Historical Context of Civil Rights

After the Civil War

  • Civil War Amendments:
      - 13th Amendment: Abolished slavery.
      - 14th Amendment: Provided equal protection under the law.
      - 15th Amendment: Granted voting rights regardless of race.

  • Post-war, Southern states implemented laws enforcing discrimination, known as the Jim Crow Laws.

Key Supreme Court Cases

  1. Dred Scott v. Sandford (1857):
       - Ruled that slaves had no legal rights and were considered property.
       - Set an oppressive precedent regarding the status of African Americans.

  2. Plessy v. Ferguson (1896):
       - Established the “separate but equal” doctrine, affirming that segregation was constitutional.
       - Led to a long period of legalized segregation.

  3. Brown v. Board of Education (1954):
       - Ruled that segregated schools violated the 14th Amendment.
       - Disconnected the precedent set by Plessy v. Ferguson.

  4. Brown II (1955):
       - Ordered desegregation of public schools to occur with "all deliberate speed."

Impact of Segregation

  • During the Jim Crow era, segregation was enforced in nearly all aspects of public and private life, severely impacting African Americans' rights and access to resources.

Legislation Addressing Civil Rights

The Civil Rights Act

  1. Civil Rights Act of 1964:
       - Made discrimination in public accommodations illegal.
       - Prohibited unequal treatment in employment based on race, color, religion, sex, or national origin.

  2. Civil Rights Act of 1968:
       - Prohibited discrimination in housing based on race and made it illegal to refuse to rent or sell housing based on race, color, religion, or national origin.

Voting Rights Challenges

  • 15th Amendment: Protects the right to vote regardless of race.

  • Methods of Disenfranchisement used by Southern states:
      - Poll Taxes: Fees imposed to vote, which many African Americans could not afford.
      - Literacy Tests: Tests used to disqualify voters based on literacy, disproportionately affecting African Americans.
      - Grandfather Clause: Allowed individuals to vote only if their grandfathers had been eligible, effectively disenfranchising African Americans who had no ancestors eligible to vote.

  • Voting Rights Act of 1965:
      - Aimed to eliminate discriminatory voting practices.
      - Significant aftermath legislation prohibiting racial discrimination in voting.

  • 24th Amendment: Outlaws poll taxes in federal elections.

Gender Discrimination and Rights

  • Reed v. Reed (1971):
      - Court ruled that estate administrators cannot be named in a discriminatory way based on sex.
      - Established that laws treating genders differently would be overturned unless serving an important government objective.

  • Nineteenth Amendment: Prohibits voting rights denial based on sex.

  • Equal Rights Amendment (ERA):
      - Proposed in 1923, aimed to guarantee equal rights regardless of sex; ultimately failed to be ratified.

Legislation Influencing Female Rights

  • Civil Rights Act of 1964: Banned gender discrimination in employment.

  • Pregnancy Discrimination Act of 1978: Additional protections for pregnant women in the workplace.

  • Title IX (1972): Prohibits gender discrimination in federally funded education programs, significantly increasing opportunities for women in athletics.

Affirmative Action

  • Concept: Aims to improve opportunities for historically marginalized groups, including women and minorities.

  • Distinction from Quotas:
      - Quotas mandate a specific percentage of disadvantaged groups in hiring or education.
      - Affirmative action, in contrast, focuses on correcting systemic inequalities without necessarily establishing quotas.

Conclusion

  • The longstanding struggle for civil rights in America has undergone drastic changes through legislative acts, court decisions, and persistent social movements. These changes have been aimed at ensuring freedoms and protections for all citizens regardless of race, gender, or background, reflecting a commitment to fundamental democratic ideals.