06 civil rights

FEDERAL GOVERNMENT GOVT 2305

MoWe 5:30‐6:50 | MoWe 7‐8:30Civil Rights

September 27, 2017Dr. Michael Sullivan

TODA

Y’S AG

ENDA

Current Events

Civil Liberties (Due Process)

Civil Rights

Quiz

Upcoming Assignments

In Representative political system, does public opinion matter when

reforming the tax system?

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Bill of Rights • First ten amendments that list the rights the federal government must protect

Civil Liberties• Specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government

The Bill of RightsFreedom of Religion

• protected from having the religious beliefs of others imposed on you

• free to believe what you like

• Establishment clause• Lemon test• Free‐exercise clause

Freedom of Expression

• free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting others to take imminent lawless action.

• Nationality security• Clear‐and‐present danger test• Imminent lawless action• Hate speech• Symbolic speech

Free Assembly

• free to assemble• government may regulate the time and place

for reasons of public convenience and safety, as long as applied evenhandedly to all groups

Press Freedom

• free to write or publish almost anything except that which is obscene, libels another person, seriously endangers military action or national security, or has a high probability of inciting others to take imminent lawless action.

• Prior restraint• Libel• Slander

The Bill of Rights

Widely Accepted

Blocked the federal government from abolishing state militias

Court Ruling (2008 & 2010)

Federal government can not infringe upon the right of the people to keep and bear arms

©McGraw‐Hill Education.

Due Process: Rights of Persons Accused of Crimes

Procedural due process: procedures that authorities must

follow before a person can lawfully be punished for an offense

U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment


Suspicion Phase: Unreasonable Search and Seizure

• No police search is allowed unless there is probable cause that a crime occurred (Fourth Amendment)

• Not a blanket protection; some warrantless searches are allowed, based specific situations

Amendment Due Process ProtectionFourth Search and seizure: You are protected from unreasonable searches

and seizures, although you forfeit that right if you knowingly waive it.

Arrest: You are protected from arrest unless authorities have probable cause to believe that you have committed a crime.


Arrest Phase: Protection against Self‐Incrimination

• Fifth Amendment protection against self‐incrimination: an individual cannot “be compelled in any criminal case to be a witness against himself”

• Miranda v. Arizona (1966): no legal interrogation until the suspect has been warned that his or her words could be used as evidence– Led to formulation of the “Miranda warning”

Amendment Due Process ProtectionFifth Self‐incrimination: You are protected against self‐incrimination, which means that you have

the right to remain silent and to be protected against coercion by law enforcement officials.

Double jeopardy: You cannot be tried twice for the same crime if the first trial results in a verdict of innocence.

Due process: You cannot be deprived of life, liberty, or property without proper legal proceedings.


Trial Phase: The Right to a Fair Trial

• Fifth Amendment: a suspect cannot be tried for a federal crime unless indicted by a grand jury (States are not required to use grand juries)

• Sixth Amendment: a right to legal counsel before and during trial• Criminal defendants also have the right to a speedy trial and to confront witnesses against them– At the federal level and sometimes the state level, defendants have a right to a jury trial to be heard by an “impartial jury”

Amendment Due Process Protection

Sixth Counsel: You have a right to be represented by an attorney and can demand to speak first with an attorney before responding to questions from law enforcement officials.

Prompt and reasonable proceedings: You have a right to be arraigned promptly, to be informed of the charges, to confront witnesses, and to have a speedy and open trial by an impartial jury.


Trial Phase: The Right to a Fair Trial (2)

Exclusionary ruleEvidence obtained in violation of the defendant’s rights

cannot be used–Good faith exception: admission if police believed they were following proper procedures

– Inevitable discovery exception: admission if other evidence would have led to the same discovery

–Plain view exception: admission if found in plain sight


Sentencing Phase: Cruel and Unusual Punishment

• Eighth Amendment prohibits “cruel and unusual punishment”– Tests consider whether it is “disproportionate to the offense”; violates “fundamental standards of good conscience and fairness”; and is “unnecessarily cruel”

• Supreme Court generally allows states to decide punishments, but has limited some aspects– Banned death penalty for minors and the mentally ill– Banned life‐without‐parole for juveniles; and extended this protection to juveniles convicted before the ban was put in place

Amendment Due Process Protection

Eighth Bail: You are protected against excessive bail or fines.

Cruel and unusual punishment: You are protected from cruel and unusual punishment, although this provision does not protect you from the death penalty or from a long prison term for a minor offense.


Appeal: Once Chance, Usually

• There is no constitutional guarantee of appeal; but the federal government and the states all allow at least one appeal

• Federal law bars a second federal appeal by a state prison inmate in most instances


1964 Civil Rights Act

1964 Civil Rights Actbanned discrimination in restaurants, hotels, etc.

1964 Civil Rights Actbanned discrimination in restaurants, hotels, etc.


Equality • All individuals are created equal in their moral worth & thereby entitled to equal treatment under law

How many provisions for individual equality are in the US Constitution as originally written?

How many times is inequality addressed in the US Constitution as originally written?

How many of the Constitution’s 27 amendments explicitly provide for individual equality?

0 – not clear defined (incompatible with slavery)

3

1 – 14th Amendment


Supreme Court ruled:1. African‐Americans, even those who were not slaves, were not citizens,

and never could be.2. Black people were instead items of property to be brought and sold

like any other piece of merchandise


Civil War Ended Slavery Equality Through Law

Mistreatment of Black Americans after Civil War)

Plessy v Ferguson (1898) – Separate but equal

Schools Hospitals Texas LawSchool

Admissions


After WWI, it was clear to all but the white South that the United States had to change


Equality through Law – 14th Amendment (ratified 1868

Three major provisions:• The Citizenship Clause granted citizenship to All persons born or naturalized in the United States.

• The Due Process Clause declared that states may not deny any person "life, liberty or property, without due process of law."

• The Equal Protection Clause said that a state may not deny to any person within its jurisdiction the equal protection of the laws.

Equal Rights (Civil Rights)

• Refers to the right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities


The Fourteenth Amendment: Equal ProtectionSegregation in the schools:

– Brown v. Board of Education of Topeka (1954) banned forced segregation in schools. Ruled racially segregated schools violated the 14th Amendment

Result– Little change to segregation seen 15 years later– Supreme Court encouraged busing as a solution to segregation—a highly controversial approach, with mixed results

– With an end to racial busing in 2007 and white flight to the suburbs, schools have become less racially diverse

Marked the first time the Supreme Court had forcefullyapplied the 14th Amendment's Equal Protection Clause.


Table 5‐1 Levels of Court Review for Laws That Treat Americans Differently

Test Application Standard Use

Strict scrutiny Race, ethnicity Suspect category—assumed unconstitutional in the absence of an overwhelming justification

Intermediate scrutiny

Gender Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose

Reasonable basis Other categories (such as age and income)

Not suspect category—assumed constitutional unless no sound rationale for the law can be provided


The Civil Rights Act of 1964• All persons are entitled to equal access to public accommodations

• Medium‐size and large firms cannot discriminate on the basis of race, color, religion, sex, or national origin in the hiring, promotion, and, wages of employees

• Some forms of discrimination are still lawful–Example: church‐related schools can take religion into account in hiring teachers


Voting Rights Act of 1965• Applied a nationwide prohibition against the denial or abridgment of the right to vote on the literacy tests on a nationwide basis

• Contained special enforcement provisions targeted at those areas of the country where Congress believed the potential for discrimination to be the greatest.

• Prevented States from creating election districts that deliberately diluted the minority vote


Affirmative Action• Affirmative action: deliberate efforts to provide full and equal opportunities in employment, education, and other areas for disadvantaged groups ‐ For organizations receiving federal funding/contract

• Established through the new concept of “equality of result,” affirmative action sought to alleviate de facto discrimination

De jure discrimination: discrimination based on lawDe facto discrimination: the condition whereby historically disadvantaged groups have fewer opportunities and benefits because of prejudice and economic circumstance


Affirmative Action In Law (Narrowing Scope)• University of California Regents v. Bakke (1978) – reverse discrimination case (white male denied admission to Medical School); upheld Affirmative Action

• Adarand v. Pena (1995) – invalidated federal policy reserving 10% of federally funded construction projects for minority‐owned firms

• Grutter v. Bollinger (2003) – upheld University of Michigan Law School admission policy that took race into account

• Fischer v. University of Texas (2016) – use of race & ethnicity permissible in admission decisions

• Schuette v. Coalition to Defend Affirmative Action (2014) – upheld Michigan referendum banning preferential treatment in publicly funded colleges


The Continuing Struggle for Equality• Progress has been made toward a more equal America, but civil rights problems involve deeply rooted conditions, habits, and prejudices

• America’s traditionally disadvantaged groups are still substantially unequal in their daily lives

African‐Americans WomenContinuing high disparity in income

Discrepancies in convictions and sentencing

Higher incarceration rates than the general population

Substantial progress in elective office• More than 500 black mayors• Forty black members of Congress• 45th president of the United States: Barack Obama

Job‐related issues• Lack of job equality• Family leave/gender pay equity• “Feminization of poverty”: most single‐parent families are

headed by women and about one in three of those families live below the poverty line

Electoral and political successesSupreme CourtPresidential politicsCongressional seats




Hispanic (Latino) ‐ Americans Asian‐AmericansHispanic Americans are one of the oldest ethnic groups in the nation• Colonized Florida, New Mexico, California, and Arizona• Fastest‐growing minority and largest minority group

Hispanic immigration issues persist • More than 4,000 Hispanic Americans hold public office• Congress, Supreme Court, presidential politics• About half of all Hispanic Americans registered to vote• Political force in states like Texas, California, and Florida

Asian Americans now number about 12 million• Most live on the West Coast, particularly in California

Upwardly mobile group• Family‐based self‐reliance, with an emphasis on

education• Highest rate of two‐parent families• Highest rate of median family income

Educated and driven, yet underrepresented politically and in managerial jobs




Native Americans Other Disadvantaged GroupsFull‐blooded Native Americans, including Alaska Natives, currently number more than two million• Half live on or near federal reservations• Federal authority is defined by treaty terms• State governments have no direct authority

Current policy goals of the federal government include retention of native cultures; and self‐government and economic self‐sufficiency

Tribal–state conflicts persist over gaming

Older Americans:• Age Discrimination in Employment Act of 1967• Age Discrimination Act of 1975Disabled Americans:• Education for All Handicapped Children Act of 1975• Americans with Disabilities Act of 1990LBGT community:• No longer barred from military service and have more

employment protections or rights• Massachusetts first to permit same‐sex marriage, in 2004• Obergefell v. Hodges (2015) expanded right to all Americans• Legal protection for transgender


Concluding Thoughts : Superficial Differences, Deep Divisions

• America’s high ideals often clash with its reality

• Still necessary to combat “America’s curse,” discrimination

• Abraham Lincoln: the United States is a nation “dedicated to the proposition that all men are created equal”

Upcom

ing

10/2 – Exam 1 (Unit 1: Foundations)

10/4 – Congress and Constituency

10/9 – Congress and Party/Graded Quiz


The Black Civil Rights Movement

• Impetus behind the Civil Rights Act of 1964 was the black civil rights movement– Bus boycott led by Dr. Martin Luther King Jr. – March on Washington for Jobs and Freedom

• Resistance to the Civil Rights Act was widespread, but overt discrimination gradually ceased


The Movement for Women’s Rights

• First large and well‐organized promotion of women’s rights: 1848 in Seneca Falls, New York– Fifteenth Amendment: right to vote extended to men of color, but not women – Nineteenth Amendment: right to vote extended to women

• Equal Rights Amendment (ERA) introduced in 1923, passed 50 years later, but failed state ratification– Other legislation:

• Equal Pay Act of 1963• Title IX (1972)• Equal Credit Act of 1974


Hispanic Americans and the Farmworkers’ Strikes

• Farmworkers’ movement led by Cesar Chavez• Strikes in the 1960s and 1970s for migrant workers’ rights

– Workers’ actions forced California to pass a law giving migrant workers the right to bargain collectively

– Strikes were most successful in California, with limited success in others states such as Texas


Native Americans and Their Long‐Delayed Rights

• Native American population decreased from at least 5 million, when white settlers first arrived, to only about a quarter of a million by 1900

• They were not granted citizenship until 1924• Indian Bill of Rights passed in 1968 provided for constitutional guarantees for Native Americans on reservations

• Protests led to greater control over their own affairs– 1972 “Trail of Broken Treaties” protest– 1973 Wounded Knee standoff in South Dakota


Asian Americans and Immigration

• Chinese and Japanese laborers were brought to the western states as laborers in mines and railroads in the late 1800s

• In 1892, Congress suspended Asian immigration• Immigration restrictions were finally ended in 1965• Lau v. Nichols (1974) prompted the beginning of bilingual instruction in some schools


The Movement for Women’s Rights

• First large and well‐organized promotion of women’s rights: 1848 in Seneca Falls, New York– Fifteenth Amendment: right to vote extended to men of color, but not women – Nineteenth Amendment: right to vote extended to women

• Equal Rights Amendment (ERA) introduced in 1923, passed 50 years later, but failed state ratification– Other legislation:

• Equal Pay Act of 1963• Title IX (1972)• Equal Credit Act of 1974


Hispanic Americans and the Farmworkers’ Strikes

• Farmworkers’ movement led by Cesar Chavez• Strikes in the 1960s and 1970s for migrant workers’ rights

– Workers’ actions forced California to pass a law giving migrant workers the right to bargain collectively

– Strikes were most successful in California, with limited success in others states such as Texas


Native Americans and Their Long‐Delayed Rights

• Native American population decreased from at least 5 million, when white settlers first arrived, to only about a quarter of a million by 1900

• They were not granted citizenship until 1924• Indian Bill of Rights passed in 1968 provided for constitutional guarantees for Native Americans on reservations

• Protests led to greater control over their own affairs– 1972 “Trail of Broken Treaties” protest– 1973 Wounded Knee standoff in South Dakota


Asian Americans and Immigration

• Chinese and Japanese laborers were brought to the western states as laborers in mines and railroads in the late 1800s

• In 1892, Congress suspended Asian immigration• Immigration restrictions were finally ended in 1965• Lau v. Nichols (1974) prompted the beginning of bilingual instruction in some schools


Figure 5‐1 The Changing Face of Immigration Appendix

• In the decade ending in 1950, 78% of immigrants were from Europe and Canada; 16% from Latin America; and 3% from Asia. Since then, immigration from both Latin America and Asia has grown, while immigration from Europe and Canada has gradually declined.

• By 1980, immigration both from Latin America and from Asia had surpassed immigration from Europe and Canada, with only 21% of immigrants in the preceding decade coming from Europe and Canada, 35% from Asia, and 40% from Latin America.

• In the decade ending in 2010, 11% of immigrants were from Europe and Canada; 35% were from Asia; and 53% were from Latin America.

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Minority Group Populations in the States Appendix

• States where minorities constitute 41% or more of the population include Arizona, California, Florida, Georgia, Hawaii, Louisiana, Maryland, Mississippi, Nevada, New Mexico, New York, and Texas.

• States where minorities constitute 31–40% include Alabama, Alaska, Colorado, Connecticut, Delaware, Illinois, New Jersey, North Carolina, Oklahoma, South Carolina, and Virginia.

• States where minorities constitute 21–30% include Arkansas, Indiana, Kansas, Massachusetts, Michigan, Missouri, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, and Utah.

• States where minorities constitute 20% or less of the population include Idaho, Iowa, Kentucky, Maine, Minnesota, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

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06 civil rights

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