Chapter 21: Equal Justice Under Law

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Chapter 21 Equal Justice Under Law
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Discrimination

• African Americans
• Native Americans
• Hispanic Americans
• Asian Americans
• Women
• Who has been left out?

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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?

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AssimilationTake on our culture and values

• Why Assimilate?

• Why Not Assimilate?

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Equal Protection Clause

• No Stateshall 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?

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Jim Crow Laws

• Examples of Jim Crow Laws
• Why Legal?

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SCOTUS Cases

• Separate but Equal in Railroad Cars is
  Constitutional
• Plessy v Ferguson, 1896
• By the 1930s ? Separate were not Equal

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Cool Story in the news recently!

• Tuskegee Airmen

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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

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De jure vs De facto Segregation

• De jure ? by Law
• De facto ?
• Natural housing patterns

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The Days of De-Segregation

• Swann v Charlotte Mecklenburg, 1971

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Affirmative Action

• What is it?
• Employers must take positive steps to remedy the
  effects of past discriminations
• Federal, State, Local Govts
• Employers who sell to Govt
• Pay, promotions, benefits

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Is it societys responsibility to rectify the
harm suffered by a group of people as a result of
discrimination in the past?
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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

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Civil Rights Laws Timeline

• 1980 Fullilove v Klutznik
• Quotas OK
• 1987- Johnson v Trans. Of Santa Clara
• Promote woman, not open to allOK
• 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 raceUnconstitutiona
  l
• Major blow to Affirmative Action
• 1996- Proposition 209, Afirm. Act. Illegal in CA
• Found Unconstitutional

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Are Affirmative Action Laws still needed?
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Should employers be punished for hiring
undocumented Aliens?
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What are your thoughts regarding Alabamas new
Immigration law?

• Schools check citizen status of students
• Police can ask citizen status
• Can detain for indefinite amount of time
• UNINTENDED Consequences?

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Should the US give special immigration status to
Foreign Students?

• Should Foreign Students have an easier path to
  Citizenship?
• Why or Why not?

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All persons born or naturalized in the United
Statesare citizens of the United States.

• Should citizens by birth be required to meet
  the same requirements as naturalized citizens ?