Transcript American Government - Ash Grove R-IV

American
Government
Chapter 21
Civil Rights: Equal Justice
Under Law
Section 1
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Diversity and Discrimination in the
American Society
A Heterogeneous Society
Heterogeneous
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To Greek words hetero and genos
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different – race, family, or kind
AKA… composed of a mix of ingredients
U.S. has consistently been predominantly
white
However, U.S. has become increasingly more
heterogeneous over the last few decades due
to an influx of immigrants
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aliens legally admitted as permanent residents
Race-Based Discrimination
African Americans
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2nd largest minority group in U.S.
Been victims of consistent and deliberate,
unjust treatment
Most Constitution guarantees of equality for
all people came from and for African
Americans
Race-Based Discrimination
(Con’t)
Native Americans
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Many killed by European diseases and wars
Forced to live on or near reservations
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currently life expectancy 10 years less than
national average
Race-Based Discrimination
(Con’t)
Hispanic Americans
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Spanish-speaking background
Largest minority group in U.S.
Basic Groups
Mexican Americans
► Puerto Ricans
► Cuban Americans
► Central and South Americans
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Many are refugees
One who seeks protection from war, prosecution, or danger
Race-Based Discrimination
(Con’t)
Asian Americans
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Forced to assimilate
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process by which people of one culture merge into
and become part of another culture
Many came in 1800’s to work in mines and
build railroads in the West
Discrimination Against Women
Women are not minority in U.S.
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Law and public policy have generally not given
women equal rights
Eventually gain suffrage
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Only 1% of the nations top public offices have
been held by women since 1789
Discrimination Against Women
(Con’t)
Fewer than 20% of doctors, lawyers, and
college professors are women
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Women earn on average less than men
Some claim there is a glass ceiling
Section 2
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Equality Before the Law
Equal Protection Clause
Everyone is different and democratic ideals
demand government treat all people alike
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“No state shall… deny to any person within it
jurisdiction the equal protection of the laws” 14th
Amendment
Reasonable Classification
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There must be some discrimination (Classification)
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However it cannot be unreasonable
Most acts by government have been found
constitutional by Supreme Court
Equal Protection Clause (Con’t)
The Rational Basis Test
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It asks: Does the classification in question
bear a reasonable relationship to the
achievement of some proper governmental
purpose?
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Must have a “Public Good” goal
Equal Protection Clause (Con’t)
Strict Scrutiny Test
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Higher Standard if:
Involves “fundamental rights” such as votes, travel
inter-state, and 1st Amendment
► “Suspect Classifications” as race, sec, or national
origin
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Much harder for states to discriminate
Segregation in America
The separation of one group from another
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Jim Crow Laws
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laws that separate people based on race
In both public and private facilities
Separate-but-equal doctrine
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Plessy V. Ferguson
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Held that the Equal Protection Clause supported
separate facilities as long as the separate facilities
were equal
Segregation in America (Con’t)
Brown v. Board of Education
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Court held that segregation by race in public
education is unconstitutional
Some states tried to block integration
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The process of bringing a group into the
mainstream of society
Civil Rights Act of 1964
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Allowed Justice Department to file suits against
desegregation acts
De Jure, De Facto Segregation
Segregation by law or legal sanction
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Now abolished
De Facto Segregation
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Segregation, not based on law, but normally
housing patterns
Busing and redrawing district lines have
worked to avoid de facto segregation
Segregation in other fields
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In public arenas segregation is illegal as well
Classification by Sex
14th Amendment, according to the
Supreme Court, also gives Equal
Protection to women
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However, women are not drafted
Section 3
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Federal Civil Rights Laws
Civil Rights: Reconstruction to
Today
1870’s to late 1950’s, Congress did not
pass a meaningful civil rights legislation
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Changed by pressures in 1957
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From Civil Rights movement by people like Martin
L. King Jr.
Civil Rights: Reconstruction to
Today (Con’t)
The Civil Rights Act of 1964
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Passed after an 83 day debate
Outlaws discrimination in a number of areas
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No person may be denied access or refused service
in various “public accommodations”
No Discrimination if the program receives public
funding, otherwise federal funds will be cut
Employers and Unions cannot discriminate
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Against race, color, religion, national origin, sex, or
physical disability
Civil Rights: Reconstruction to
Today (Con’t)
Civil Rights Act of 1968
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Called open housing act
Can not sell or rent on the grounds as laid out
in Civil Rights Act of 1964
Affirmative Action
Policy requires that most employers take positive
steps to remedy the effects of past
discriminations
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Private businesses must try to make their work force
reflect the makeup of the local population
Reverse Discrimination
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Critics say affirmative action is unconstitutional
Discriminate against the majority group
Affirmative Action (Con’t)
The Bakke Case
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Regents of University of California v. Bakke in
1978
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16 out of 100 spots reserved for non-whites and Supreme
Court found the quotas to be unconstitutional
Though race could be a factor among many other factors
Later Cases
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Quotas can be used in extreme situations
Recent court cases have made it harder to prove
discrimination
Affirmative Action (Con’t)
The Adarand Case
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Adarand Constructors v. Pena, 1995
Found any preferential treatment based on
race unconstitutional
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“Whenever the government treats any person
unequally because of his or her race, that person
has suffered an injury.”
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Justice Sandra Day O’ Connor
Affirmative Action (Con’t)
Affirmative Action on the Ballot
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California voters voted to get rid of most
affirmative action programs
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circuit court agreed and Supreme Court refused to
see case
Section 4
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American Citizenship
Question of Citizenship
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14th Amendment declares that a person
can become an American citizen either by
birth or by naturalization
Citizenship By Birth
Citizenship by birth is determined by
either Jus Soli or Jus Sanguinis
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Jus Soli is anyone born on U.S. soil, or U.S.
territory
Jus Sanguinis is anyone who becomes
citizen based on law
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Parents are U.S. citizens
Citizenship By Naturalization
The legal process by which a person becomes a
citizen of another country at sometime after
birth
Individual Naturalization
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An alien becomes a citizen individually
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a citizen or national of a foreign state living in this country
Collective Naturalization
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Naturalization en masse
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When an entire group has been naturalized
Loss of Citizenship
Everyone has the voluntarily ability to get rid of
his or her citizenship
Expatriation
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Denaturalization
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The legal process by which a loss of citizenship occurs
When a naturalized citizen loses their citizenship
through a court order, because they became a citizen
by fraud or deception
Marriage does not help one gain or lose
citizenship
A Nation of Immigrants
Regulation of Immigration
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Courts have ruled the power to control the
nation’s border is an inherent power of the
United States
U.S. had mostly open borders from
independence to 1890’s
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New restrictions continually since
A Nation of Immigrants (Con’t)
Present Immigration Policies
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Immigration Act of 1990 governs the
admittance of aliens to U.S.
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675,000 allowed each year
Deportation
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A legal process in which aliens are legally
required to leave the U.S.
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Illegally achieved evidence could be used because
it is a civil law
Undocumented Aliens
A Troublesome Situation
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Nearly 10-12 Million illegal aliens reside in the
U.S.
Current Law
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A crime to hire illegal aliens
Undocumented aliens given one year of
amnesty to become a citizen