Chapter 5Chapter 5

Review PowerPointReview PowerPoint

Characteristics of the Characteristics of the

Civil Rights MovementCivil Rights Movement

Characteristics of the Characteristics of the

Civil Rights MovementCivil Rights Movement

• Non-violent protest

• Utilization of legislation to eliminate barriers

• strong leadership…MLK etc

• Organized, grass root workers

Civil Rights Act of 1964Civil Rights Act of 1964

Civil Rights Act of 1964Civil Rights Act of 1964

• Ended discrimination by employers and by places of public service

• An attempt to eliminate de facto discrimination

Brown v. Board of EducationBrown v. Board of Education

Brown v. Board of EducationBrown v. Board of Education

• “Separate but Equal” cast down

• ended racial segregation in schools

• Equal protection clause of the Fourteenth Amendment

• an attempt to eliminate de facto discrimination

De jure discriminationDe jure discrimination

De jure discriminationDe jure discrimination

• at attempt to eliminate discrimination that is based within our LAWS,

• that discrimination which is a proven fact…because it is written down.

De facto discriminationDe facto discrimination

De facto discriminationDe facto discrimination

• Discrimination based on race, religion, sex, ethnicity, etc. that is within our culture and centered within economic & social biases

The Strict Scrutiny TestThe Strict Scrutiny Test

The Strict Scrutiny TestThe Strict Scrutiny Test

• Used to judge any law that attempts to use racial or ethnic classifications

University of Ca. Regents v. BakkeUniversity of Ca. Regents v. Bakke (1978) (1978)

University of Ca. Regents v. BakkeUniversity of Ca. Regents v. Bakke (1978) (1978)– Alan Bakke, white, denied entrance to

medical school on the basis is of race-based quota

• several minorities admitted with lower scores– Decision: Quotas were unconstitutional, but

quotas could be used to create a more diverse student population

What was “Busing”?What was “Busing”?

What was “Busing”?What was “Busing”? • Shipping students from the school in one area

to another area, with the attempt to desegregate schools, faster than society was doing it.

• A forced attempt at de facto desegregation • S.C. decisions have limited the crossing of

boundaries, allowed the insulation of predominantly white districts

• not supported by most white Americans, congress, the president, most governors.

RedliningRedlining

RedliningRedlining• result of the Civil Rights Act (1968)

• banned banks giving mortgages based on where the home is

• Now, where one lives, does not disqualify someone from getting a mortgage

Affirmative ActionAffirmative Action

Affirmative ActionAffirmative Action• an attempt to eliminate de facto

discrimination

• blamed for “reverse discrimination”

• Created a quota system for education based on one’s race or ethnicity

Reasonable Basis testReasonable Basis test

Reasonable Basis testReasonable Basis test• Court test to laws that treat individuals

unequally

• Such laws may be held constitutional, if its purpose is held to “reasonably” related to a legitimate government interest

• Gives the government the benefit of the doubt regarding some laws

The Fourteenth AmendmentThe Fourteenth Amendment

The Fourteenth AmendmentThe Fourteenth Amendment• Used to stop discrimination

• applies to the government

• Used by the Supreme Court to apply the issue of civil rights to the states, and beyond the federal government

• Does not apply to Wal-mart

– or any other business practice

Swann v. Charlotte-Mecklenberg Swann v. Charlotte-Mecklenberg

Country Board of EducationCountry Board of Education (1971) (1971)

Swann v. Charlotte-Mecklenberg Swann v. Charlotte-Mecklenberg

Country Board of EducationCountry Board of Education (1971) (1971)• Busing of children an appropriate way to

integrate schools that were segregated because of past discrimination– applied to the North – triggered violent & massive protests

The Equal Rights Amendment The Equal Rights Amendment (ERA)(ERA)

The Equal Rights Amendment The Equal Rights Amendment (ERA)(ERA)

• 1923 - Congress introduces the amendment

• Intent was to specifically give equal rights to women, (banned based on sex)

• Fails, revised several times, still fails

• Resurrected in the early 1970

– fails by three states

The Twenty-fourth AmendmentThe Twenty-fourth Amendment

The Twenty-fourth AmendmentThe Twenty-fourth Amendment

• Addressed to eliminate the use of the Poll Tax in voting discrimination

• Ratified January 1964

• Similar date to Civil Rights Act

Equal Pay Act of 1963Equal Pay Act of 1963

Equal Pay Act of 1963Equal Pay Act of 1963 • prohibits sex discrimination in salary and wages

– Education Amendment added in 1972, prohibits sex discrimination in education

Adarand v. PenaAdarand v. Pena (1995) (1995)

Adarand v. PenaAdarand v. Pena (1995) (1995)– Adarand Constructors; federal contract

awarded to a Hispanic owned company, even though Adarand submitted a lower bid

– Decision; Adarand’s favor, reversing Fullilove• outlawed rules that give firm’s an advantage,

simply because the owner’s race is that of a people historically discriminated against

• remedy must be “narrowly tailored” to the situation

• end of an era.

Family & Medical Leave Act (1993)Family & Medical Leave Act (1993)

Family & Medical Leave Act (1993)Family & Medical Leave Act (1993)• provides up to 12 weeks of unpaid leave for

employees to care for a new born baby or severely ill family member

• Helps establish the idea of comparable worth;– wage scales are set that women and men get equal

pay for jobs that involve a similar level of difficulty and require a similar level of training or pay.

Grutler v. BollingerGrutler v. Bollinger

Grutler v. BollingerGrutler v. Bollinger• U of M’s law school admissions• decision: 5-4 upheld law school’s program

– it was applied in a limited & sensible manner and furthered Michigan’s “compelling interest in obtaining the educational benefits that flow from a diverse student body”.

– Affirmative action upheld, but narrow win means it’s not over yet.

The EndThe End

I know this is a different type of review, but it covers most if not all of the

information necessary for Chapter 5 test