SPA-220 FA4 Lecture Notes - Lecture 1: Equal Protection Clause

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13 Dec 2016

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Race Discrimination Part 1

➢ Textbook 655-676

o Civil rights issues involve the status of persons with shared characteristics who historically have

been disadvantaged in some way

o Civil rights laws attempt to guarantee full and equal citizen ship for such person s and to protect

them from arbitrary and capricious treatment

o The 14th amendment

▪ U.S citizenship is superior to state citizenship

▪ Eual Potetio: [N]o shall ay State…dey to ay peso withi its juisditio the

equal protection of the laws.

• The word state

• Protects all persons within a state jurisdiction

• Clause outlaws the denial of equal protection of the laws; prohibits

discrimination

o Ay peso withi a state’s juisditio is fee fo aitay ad

unreasonable treatment as the hands of the state government

o The wording means that before an individual can legitimately assert a

claim of its violation, 2 important elements must be seen

▪ 1. Aggrieved party must prove some form of unequal treatment of

discrimination

▪ 2. Must be state action; discrimination must have been initiated

or supported by the state or its local government

▪ Discrimination: to distinguish between people or things

➢ Court Case: Plessy v Ferguson

➢ Court Case: Brown v Board of Education of Topeka

➢ US Department of Education Snapshot

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