Civil Rights

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Civil Rights
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Civil Rights

• Refers to government-protected rights of
  individuals against arbitrary or discriminatory
  treatment by governments or individuals based on
  categories such as
• race,
• sex,
• national origin,
• age,
• religion
• or sexual orientation

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14th Amendment

• Due Process-
• Criminal Rights
• Civil Liberties
• Equal Protection
• Civil Rights Movement

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Amendments

• Civil War Amendments
• 13- Freed Slaves
• 14- Citizenship
• 15-Voting Rights

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Plessey vs. Fergusson

• Separate IS equal
• 1896

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Jim Crow laws

• Poll Tax
• Literacy Test
• Grandfather Clause

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Times are a Changing

• Brown vs. Board of Education (1)
• Ruled that separate was NOT equal
• Brown (2)
• Desegregate with all deliberate speed

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3 Civil Rights Acts

• Civil Rights Act 1964 (1)
• Banned discrimination in Public Accommodations
• Commerce Clause Used to enforce the Civil Rights
  Act of 1964
• Heart of Atlanta Motel vs. U.S.
• Education
• Bring action against schools that did not comply
  with Brown v. Board of Education
• Swann v. Charlotte Mecklenburg County

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Discrimination

• De Jure- By Law
• Racial Segregation which is a direct result of
  law or official policy
• De Facto- By Fact
• Racial discrimination that results from practice
  (such as Housing Patterns and other social or
  institutional non-government factors)
• Open Housing Acts of 1968 (2)
• Illegal for Realtors to discriminate in selling
  of real estate

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Voting Rights Act 1965

• Voting Rights Act of 1965
• Eliminated Poll Tax
• Federal Government used to ensure equal
  protection
• Good bye Jim Crow Laws

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Quiz

• What case overturns Plessy v. Fergusson
• What ended discrimination in public
  accommodations
• Define Incorporation
• What clause has been used the most to expand the
  power of the National Government
• Define the exclusionary rule

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Womens Rights

• Seneca Falls Convention
• First womens rights convention organized by
  Elizabeth Cady Stanton and Lucretia Mott
• Called for equal rights of citizenship regardless
  of gender
• The History of mankind is a history of repeated
  injustices and usurpations in the past of men
  towards women

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Womens Rights

• 19th Amendment
• Reed vs. Reed
• Men do not have precedence over women
• Title IX-
• Prohibited gender discrimination in federally
  subsidized education programs
• Prong one - Providing athletic opportunities that
  are substantially proportionate to the student
  enrollment, OR
• Prong two - Demonstrate a continual expansion of
  athletic opportunities for the underrepresented
  sex, OR
• Prong three - Full and effective accommodation of
  the interest and ability of underrepresented sex.

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Homosexual Rights

• DOMA- Defense of Marriage Act
• Recognized Marriage as a right between a Man and
  a Woman
• Virginia Civil Union Law
• Gave homosexual couples the same rights and
  privileges as married couples

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Hispanic Rights

• Lau vs. Nichols
• Required school systems to teach ESOL to those in
  need

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Affirmative Action

• What do you know about Affirmative Action?
• Definition-
• concrete steps that are taken not only to
  eliminate discriminationwhether in employment,
  education, or contractingbut also to attempt to
  redress the efforts of past discrimination

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Court Cases

• U.C. Regents vs. Bakke (1978)
• Strict quotas unconstitutional, but states may
  allow race to be taken into account as ONE factor
  in admissions decisions. Bakke was admitted
• Gratz vs. Bollinger (2003)
• Struck down use of bonus points for race in
  undergrad admissions at UM
• Grutter vs. Bollinger
• Allowed the use of race as a general factor in
  law school admissions at UM
• compelling interest in achieving diversity among
  its student body."