3.10 vid 1

Introduction to Social Movements and Equal Protection

• Jennifer Hitchcock discusses essential parts of the course on government focusing on social movements and equal protection.

• Connections to the Fourteenth Amendment, strict scrutiny, and due process are emphasized.

Key Concepts

Fourteenth Amendment

• Expands rights and protections against the state.

• Introduces concepts like strict scrutiny and the relationship between due process and equal protection.

Strict Scrutiny Test

• A legal standard used by courts to determine if a law infringing on constitutional rights is justified.

• Government must prove three key elements:

  1. Compelling State Interest: The law must serve a significant governmental objective.

  2. Narrowly Tailored: The law should not be overly broad and must specifically address the issue at hand.

  3. Least Restrictive Means: There should be no other way to achieve the purpose of the law without infringing on rights.

• Rarely passed, especially concerning issues of race, national origin, and religion.

Due Process Concept

Substantive Due Process

• Focus on whether laws are written to provide due process of law and protect fundamental rights.

• Evaluates the overarching legality of laws and whether they uphold traditional practices.

Procedural Due Process

• Ensures fair processes before the government can diminish individual liberties.

• Commonly invoked in the context of the Fourth and Fifth Amendments.

Relationship Between Equal Protection and Due Process

• Due Process: Looks back at state actions, aiming to protect traditional practices against the short-term majority.

• Equal Protection: Protects disadvantaged groups from discrimination and ensures laws are applied fairly and justly.

• Expansion of protections (e.g., marriage rights for homosexuals) illustrates how social movements can enact change through legal reform.

Methods of Effecting Change

Formal Methods

• Constitutional Amendments: Significant changes can result from amendments; e.g., a recent Virginia amendment in litigation.

• Judicial Review: Court cases like Brown v. Board that established precedents for equal rights.

Informal Methods

• Executive Directives: Example includes the desegregation of the military initiated in 1948.

• Legislative Acts: Passage of landmark legislation like the 1964 Civil Rights Act, which shaped social movement effectiveness.

Conclusion

• The interplay of the Fourteenth Amendment, equal protection, and due process is crucial in understanding civil rights.

• The strict scrutiny test serves as a key tool in evaluating laws related to equal protection.

• Explore further with readings like Letters from Birmingham Jail to connect these concepts to real-world implications.