Equal Protection Civil Rights and Civil Liberties

Introduction

  • Introduction to the episode by Craig of Crash Course Government and Politics.

    • Topic of discussion: The significance of the Fourteenth Amendment.

    • Goals: Distinction between civil liberties and civil rights, and examination of how the Supreme Court addresses cases related to them.

  • Core Definition: Established by the 14th Amendment, it mandates: “No State shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws.”

  • Function: It serves as the constitutional foundation for civil rights, governing how laws treat different groups of citizens. It is distinct from civil liberties, which are protections citizens have against government interference.

Civil Liberties vs. Civil Rights

  • Civil Liberties: Protections citizens have against government interference in their lives.

  • Civil Rights: Focus on how laws govern treatment of different groups of citizens, often leading to unfair treatment.

    • Origin: Evolved from the “equal protection” clause of the Fourteenth Amendment.

    • Definition of the Equal Protection Clause: “No State shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws.”

  • Landmark Cases: Understanding civil rights through Supreme Court decisions.

    • Example: Brown v. Board of Education (addressed unequal treatment).

  • Historical Context of Civil Rights:

    • Initially, the Supreme Court interpreted the equal protection clause as applying only to state actions, not to private institutions.

    • Civil Rights Cases: The Court ruled that the law “could not have been intended to abolish distinctions based on color, or to enforce social, as distinguished from political equality.”

    • Supported segregation as long as it provided equal accommodations (Established “separate but equal” doctrine via Plessy v. Ferguson).

Protected Classes and Judicial Scrutiny

  • Protected Classes: Groups susceptible to discrimination; often considered “minorities”.

    • Supreme Court scrutiny intensifies when laws mention any protected class.

  • Definition from the Court:

    • Acknowledged that prejudice against discrete and insular minorities constrains political process.

  • Rationale: Minorities often lack the numbers to favor their legislative interests, making them vulnerable to majority groups.

  • Judicial Inquiry Levels: Levels of scrutiny applied in evaluating government action regarding protected classes.

    1. Strict Scrutiny:

    • Highest standard; a significant burden on the government to justify laws/actions involving protected classes.

    • Five-step process includes:

      1. Determine if a protected liberty is at stake.

      2. Assess if the liberty is fundamental.

      3. Identify if there’s an undue burden on the individual/group.

      4. Analyze if the action furthers a compelling government interest.

      5. Check if the action follows the least restrictive means of achieving said interest.

    • Example: Korematsu v. US (Japanese internment during WWII) was a poor use of strict scrutiny by the Court.

    1. Rational Basis Review:

    • The lowest level of scrutiny where government actions are deemed acceptable if a rational basis exists.

    1. Intermediate Scrutiny:

    • A level between strict scrutiny and rational basis, generally more challenging for the government than rational basis but not as stringent as strict scrutiny.

Case Study: Brown v. Board of Education

  • Context of the Case:

    • Topeka’s educational segregation of black and white students.

    • Linda Brown’s parents sought her enrollment in a better-quality, closer white school.

  • Outcome Significance:

    • The Court’s reasoning: Facilities are inherently unequal, affirming sociological data over legal precedent.

    • Outcome: Federal authority can intervene in local education regarding racial discrimination.

  • Impact on Legal Framework:

    • Established a legal foundation for the civil rights movement and subsequent federal civil rights legislation in the 1960s.

Evolving Concepts of Civil Rights

  • Historical Context:

    • Civil rights definition has evolved since the ratification of the Fourteenth Amendment due to ongoing societal changes.

  • Comparative Issues in Time:

    • Example: Same-sex marriage today viewed as a pivotal civil rights issue contrasting with its marginalization 30 years earlier.

  • Conclusion: The understanding of civil rights must include interpersonal dynamics and treatment among citizens, as well as government roles and actions dealing with them.

Conclusion

  • Closing remarks by Craig emphasizing the continual evolution of civil rights and their societal implications.

  • Acknowledgment of PBS Digital Studios for producing Crash Course Government as well as support from Voqal for social equity initiatives.