Unit 3 AP Gov

Civil Rights & Equal Protection Summary

• Commerce Clause & Civil Rights

• Used to ban businesses from discriminating if they affect interstate commerce.

• Voting Rights Act of 1965

• Banned literacy tests and other obstacles to voting.

• Along with the 24th Amendment, led to a major increase in Black voter turnout, especially in the South.

• Equal Pay Act of 1963

• Required equal pay for equal work.

• Banned wage discrimination based on sex, race, religion, or national origin.

• Title IX (1972)

• Prohibited sex-based discrimination in federally funded education programs.

• Supreme Court Cases & Civil Rights

• Plessy v. Ferguson (1896) – Upheld segregation (“separate but equal”), allowing Jim Crow laws.

• Brown v. Board of Education (1954) – Declared segregated public schools unconstitutional under the 14th Amendment; led to desegregation.

• Debate Over the Equal Protection Clause

• Colorblind Interpretation – No racial distinctions allowed, even if meant to help minorities.

• Opposes affirmative action.

• Supported in Shaw v. Reno (1993) & 2023 affirmative action rulings.

• Race-Conscious Interpretation – Policies can consider race if they help disadvantaged groups.

• Supports affirmative action.

• Recent Supreme Court Rulings

• Shaw v. Reno (1993) – Struck down a congressional district drawn to increase minority voter representation.

• 2023 Cases – Affirmative action policies struck down by a majority of justices.

Court Cases:

1. Plessy v. Ferguson (1896)

• Issue: Can states enforce racial segregation under the Equal Protection Clause?

• Ruling: Upheld segregation under the “separate but equal” doctrine.

• Impact: Allowed Jim Crow laws to spread, legalizing racial segregation.

2. Brown v. Board of Education (1954) [Required Case]

• Issue: Does racial segregation in public schools violate the Equal Protection Clause?

• Ruling: Yes, segregation in public schools is unconstitutional.

• Impact: Overturned Plessy v. Ferguson, ordered school desegregation, and set a precedent for future civil rights cases.

3. Shaw v. Reno (1993)

• Issue: Can congressional districts be drawn based primarily on race to increase minority representation?

• Ruling: No, racial gerrymandering is unconstitutional under the Equal Protection Clause.

• Impact: Limited race-based districting, favoring a “colorblind” interpretation of the Constitution.

4. 2023 Affirmative Action Cases

• Issue: Can race be a factor in college admissions?

• Ruling: No, affirmative action policies in college admissions were struck down.

• Impact: Colleges can no longer use race as a factor in admissions, reinforcing a colorblind interpretation of the Equal Protection Clause.

Key Policies & Laws:

1. Civil Rights Act (1964)

• Banned discrimination in public places and workplaces based on race, sex, religion, or national origin.

• Used the Commerce Clause to enforce anti-discrimination laws in businesses affecting interstate commerce.

2. Voting Rights Act (1965)

• Key Provisions:

• Banned literacy tests and other discriminatory voting practices.

• Increased Black voter turnout, especially in the South.

3. 24th Amendment (1964)

• Banned poll taxes, which were used to prevent Black Americans from voting.

4. Equal Pay Act (1963)

• Required equal pay for equal work regardless of sex, race, religion, or national origin.

5. Title IX (1972)

• Prohibited sex-based discrimination in federally funded education programs.

• Major impact on women’s sports and educational opportunities.

Debate Over Equal Protection Clause

• Colorblind Interpretation:

• Any policy making racial distinctions is unconstitutional (even if meant to help minorities).

• Opposes affirmative action and race-based districting.

• Supported by Shaw v. Reno and the 2023 affirmative action rulings.

• Race-Conscious Interpretation:

• Policies helping historically disadvantaged groups are constitutional.

• Supports affirmative action and race-based policies to promote diversity.