Chapter 21: Equal Justice Under Law - Moodle High

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Transcript Chapter 21: Equal Justice Under Law - Moodle High

Chapter 21: Equal Justice Under
Law
Discrimination
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African Americans
Native Americans
Hispanic Americans
Asian Americans
Women
• Who has been left
out?
If you live in America then you
NEED to speak English!
Why do we think it is so important
or necessary for immigrants to
assimilate into our culture?
Assimilation:
Take on our culture and values
• Why Assimilate?
• Why Not Assimilate?
Equal Protection Clause
• “No State…shall deny to any person within
its jurisdiction the equal protection of the
laws.” – Section 1 of the 14th Amendment
• Originally intended for former slaves
• Now  no unreasonable
• HealthCare?
Jim Crow Laws
• Examples of Jim
Crow Laws
• Why Legal?
SCOTUS Cases
• “Separate but Equal
in Railroad Cars is
Constitutional
• Plessy v Ferguson,
1896
• By the 1930’s 
Separate were not
Equal
Cool Story in the news recently!
• Tuskegee Airmen
Brown v Board of Education, 1954
• “…in the field of
public education the
doctrine of ‘separate
but equal’ has no
place. Separate
educational facilities
are inherently
unequal.”
– Chief Justice Earl
Warren
– Overturned Plessy v
Ferguson
De jure vs De facto Segregation
• De jure  by Law…
• De facto 
– Natural housing patterns
The Days of De-Segregation
• Swann v Charlotte
Mecklenburg, 1971
Affirmative Action
• What is it?
• Employers must take positive steps to
remedy the effects of past discriminations
– Federal, State, Local Govt’s
– Employers who sell to Gov’t
– Pay, promotions, benefits…
Is it society’s responsibility to
rectify the harm suffered by a
group of people as a result of
discrimination in the past?
Civil Rights Laws: Timeline
• 1964- Civil Rights Act of 1964
– “public accommodations”, race, color, religion.
• 1968
– Open housing Act
• 1978
– U. California v Bakke, 1978
– Race not the only Factor
• 1979
– US Steelworkers v Weber, 1978
– Workforce OK, overcome racial unbalance
Civil Rights Laws: Timeline
• 1980 – Fullilove v Klutznik
– Quota’s OK
• 1987- Johnson v Trans. Of Santa Clara
– Promote woman, not open to all…OK
• 1989- Wards Cove Packing v Atonio
– Statistics not enough to claim discrimination
– Discrimination more difficult to prove
• 1995- Adarands Construction v Pena
– Preferential treatment due to race…Unconstitutional
– Major blow to Affirmative Action
• 1996- Proposition 209, Afirm. Act. Illegal in CA
– Found Unconstitutional
Are Affirmative Action Laws
still needed?
Should employers be punished
for hiring undocumented Aliens?
What are your thoughts
regarding Alabama’s new
Immigration law?
•Schools check citizen status of students
•Police can ask citizen status
•Can detain for indefinite amount of time
•UNINTENDED Consequences?
Should the US give special
immigration status to Foreign
Students?
Should Foreign Students have an
easier path to Citizenship?
Why or Why not?
“All persons born or naturalized
in the United States…are citizens
of the United States.”
Should citizens by “birth” be required to
meet the same requirements as
naturalized citizens ?