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Civil Rights

Segregated public schools are back—why? What are civil rights? Civil liberties almost always refers to the Bill of Rights. Civil rights almost always refers to those rights conferred upon African Americans in the 13 th , 14 th , and 15 th Amendments. 13 th Amendment-outlawed slavery

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Civil Rights

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  1. Segregated public schools are back—why? What are civil rights? Civil liberties almost always refers to the Bill of Rights. Civil rights almost always refers to those rights conferred upon African Americans in the 13th, 14th, and 15th Amendments 13th Amendment-outlawed slavery 14th Amendment-grants rights and privileges to African Americans as citizens of the U.S. This amendment includes the “privileges and immunities” clause; the “due process” clause, and the “equal protection” clause 15th Amendment-right to vote Civil Rights

  2. What Happened? • These amendments did not solve the problem of African American inequality. Why? • What is Jim Crow? A Poll Tax? A “literacy test”? A “grandfather clause”? A “white primary”? • Other means of intimidation: Night riding, bombings, lynchings. Why did Justice Thomas accuse the Senate committee that investigated charges of sexual harassment against him of a “high-tech” lynching?

  3. CONTEMPORARY ISSUES IN CIVIL RIGHTS • Greenberg and Page mention two goals in civil rights policy: ending discrimination, and remedies for past discrimination. There is a problem with the latter distinction—it’s not the past, it’s the effect the past has on the NOW. • How does a state or entity come under “strict scrutiny”? • What is a “suspect classification”?

  4. Affirmative Action • The origins of affirmative action are not in the 1970s—they go back as far as Harry Truman. • Intended to give consideration to minorities, and women, that no one was obliged to do so before the enactment of affirmative action • Regents v. Bakke (1978) established that race could be used as a factor in admissions to colleges, but outlawed the practice of preserving spaces, or quotas.

  5. Supporters of Affirmative Action Say: • Past discrimination affects groups in ways that we cannot rectify by removing barriers • Tolerance should be a societal goal—we can only be tolerant if other groups are present • People from disadvantaged groups need “role models” to help them improve • I think all of these justifications STINK.

  6. Opponents of Affirmative Action Say: • These programs violate the individual ethos of our American society—individuals get rewards on merits, not because they are members of certain groups • The main beneficiaries are middle-class black Americans, not the poor. The middle-class do not need these programs. • They discriminate against whites. • They increase racism because whites resent affirmative action programs. • I think all of these justifications STINK.

  7. Public Opinion • Americans object to affirmative action in three areas: hiring, awarding of government contracts, and admissions to colleges. • They support diversity goals—outreach programs for workers and students. They just do not approve of actually doing anything about inequality. • Authors quote Sniderman and Carmines on this subject, who argue that Americans do not object to these programs because they are racist, they object because these programs violate American ideals of fair play. These scholars’ work is suspect. Another, larger group of scholars trace anti-affirmative action opinions to racist ideologies.

  8. The Michigan Cases and Where We Stand Now • Any program by government that uses race to define who receives benefits is subject to strict scrutiny, unless the program proves that there are compelling and necessary reasons for doing so. • Affirmative action may not be used for “diversity” purposes or to decrease racism in society • The SC ruled that diversity in higher education is sufficiently “compelling” so that race may be used as a factor, but not the only factor.

  9. Women’s Rights • Intermediate scrutiny • A “somewhat” suspect classification • What did Title IX of the Civil Rights Act of 1964 do for women? • The basic tenets of the Roe decision are being upheld by the Court, although the states have more power to limit abortion access • Webster v. Reproductive Health Services (1989); Planned Parenthood v. Casey (1992); National Organization for Women v. Scheidler (1994)

  10. Sexual Harassment • What is it? (An intimidating, hostile, or offensive working environment” that is contrary to law) • What kinds of behaviors constitute “harassment”? • What do plaintiffs have to prove to bring a sexual harassment complaint to the courts?

  11. Who Else Needs Civil Rights? • The elderly and the disabled—do you think age discrimination happens? What about discrimination against the wheelchair bound? Do you have any professors confined to wheelchairs? • Gays and Lesbians-the current administration opposes both civil unions and marriage for gay couples • In 2003, the SC overturned an earlier decision and ruled that state anti-sodomy laws unconstitutional (Lawrence v. Texas) • What about CHILDREN? Do children have any rights? Why not?

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