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Chapter 14

Intro to US Gov & Pol [COMPLETE NOTES] Chapter 14 -- I 4.0ed this course

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University of Illinois
Political Science
PS 101

PS 101-Chapter 14 Civil Rights I. Textbook o Civil Rights: Rights that guarantee individuals freedom from discrimination. th These rights are generally grounded in the equal protection clause of the 14 Amendment and more specifically laid out in laws passed by Congress, such as the 1964 Civil Rights Act. o Missouri Compromise:An agreement between pro-and antislavery groups passed by Congress in 1820 in an attempt to ease tensions by limiting the expansion of slavery while also maintaining a balance between slave states and free states. o Protection: The idea under which some people have tried to rationalize discriminatory policies by claiming that some groups, like women orAfrican Americans, should be denied certain rights for their own safety or well-being. o De jure: Relating to actions or circumstances that occur “by law,” such as the legally enforced segregation of schools in theAmerican South before the 1960s. o De facto: Relating to actions or circumstances that occur outside the law or “by fact,” such as the segregation of schools that resulted from housing patterns and other factors rather than from laws. o Disparate impact standard: The idea that discrimination exists if a practice has a negative effect on a specific group, whether or not this effect was intentional. o Reasonable basis test: The use of evidence to suggest that differences in the behavior of the two groups can rationalize unequal treatment of these groups, such as charging sixteen-to- twenty one year olds higher prices for auto insurance than people over twenty-one because younger people have higher accident rates o Intermediate Scrutiny Test: The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation. o Strict Scrutiny Test: The highest level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law. It is applied in all cases involving a race. Laws rarely pass the strict scrutiny standard; a law that discriminates based on race must be shown to serve some “compelling state interest” in order to be upheld. o Substantive due process doctrine: one interpretation of the due process clause of the 14 Amendment; in this view the Supreme Court has the power to overturn laws that infringe on individual liberties. II. Lecture-Civil Rights A. Foundations 1. Civil rights guarantee freedom from discrimination 2. Based in the equal protection clause of the 14 Amendment 3. Specifics laid out in laws passed by Congress (e.g., the 1964 Civil Rights Act) B. Public Opinion on Civil Rights 1. Americans are highly supportive of principle of equality and equal treatment for all 2. Equality of opportunity a. Giving all individuals equal opportunity to get ahead b. Examples of policies? Policies that say one cannot restrict admission to certain universities or clubs(based on income, sex, race) 3. Equality of outcome a. Insuring everyone has uniform social, economic, and political power b. Typically requires redistribution c. For example, universal health care, quotas in hiring C. Pre-Civil War Context 1. Slavery existed onAmerican soil well before the founding of the country 2. Election of Lincoln in 1860 led to the secession of the South and the Civil War 3. War runs from 1861-1865 D. Reconstruction 1. Reconstruction (1866–1877) gaveAfrican-Americans new political power in the South 2. BUT, after the government troops left the South, blacks were nearly universally disenfranchised E. The “ReconstructionAmendments” 1. 13thAmendment (1865) a. Abolished Slavery 2. 14thAmendment (1868) a. Declared freed slaves to be citizens b. Due process clause said that all people should get equal protection under the law 3. 15thAmendment (1870) a. Said right to vote could not be denied on account of "race, color, or previous condition of servitude" F. What Happens Next? 1. Congress passes laws to protect rights of black citizens 2. Legislatures in many states respond with their own discriminatory mechanisms a. Poll taxes, education requirements, etc. (Jim Crow Laws) 3. Congress passes Civil RightsAct of 1875 a. National protections apply to states 4. SC strikes down Civil Rights Act of 1875 a. National government can’t exert control over state governments about this G. “Separate But Equal” 1. Idea that Idea that providing separate but equivalent facilities forAfrican Americans satisfied the 14thAmendment 2. "Jim Crow" laws come into being that segregate housing, schools, all other public facilities 3. In Plessy v. Ferguson (1896), SC upholds separate but equal doctrine H. Early Challenges to Segregation 1. In 1948, Truman desegregates theArmed Forces 2. The NAACP Legal Defense Fund starts taking cases a. Choose to focus efforts on public education b. Early cases—force states to take separate but equal seriously c. By 1950, switch strathgy to taking on separate equal but equal as a violation of the 14 amendment d. Begin search for text cases I. Brown v. Board of Education 1. Brought on behalf of Linda Brown, anAfricanAmerican girl attending a segregated school in Topeka, KS 2. NAACP brings a case against the school
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