American Government Powerpoint Presentation (CATHERINE OWENS ONLY)

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Chapter 5

5-2

Equality through Law  The Fourteenth Amendment: equal protection

 Equal-protection clause forbids states from denying equal

protection

 Segregation in the schools

 Brown v. Board of Education of Topeka—banned forced

segregation in schools

 Little change to segregation 15 years later

 Supreme Court encouraged busing as solution to

segregation; highly controversial, mixed results

5-3

Equality through Law  Judicial tests of equal protection

 Strict-scrutiny test

 Suspect category—assumed unconstitutional in the absence of an

overwhelming justification

 Applies to race, ethnicity, etc.

 Intermediate scrutiny

 Almost suspect—assumed unconstitutional unless the law serves a

clearly compelling and justified purpose; applies to gender

 Reasonable-basis test

 Not suspect category—assumed constitutional unless no sound

rationale for the law can be provided; applies to age, income, etc.

5-5

Equality through Law  The Civil Rights Act of 1964

 Accommodations and jobs

 Public accommodations cannot refuse to serve customers based

on race

 Most employers cannot refuse to consider applicants based on

race

5-6

Equality through Law  The black civil rights movement

 Impetus behind Civil Rights Act of 1964

 Busing boycott led by Dr. Martin Luther King Jr.

 March on Washington for Jobs and Freedom

 Strong resistance to Civil Rights Act, but ultimately

successful

5-7

Equality through Law  The movement for women’s rights

 Seneca Falls

 Women acquire the right to vote in 1920 with Nineteenth

Amendment

 The Equal Rights Amendment: passed Congress but failed

ratification by states

5-8

Equality through Law  Hispanic Americans and the farm workers’ strikes

 Strikes in 1960s and 70s, largely for migrant workers’

rights; most success in California

 Native Americans and their long-delayed rights

 Granted citizenship in 1924

 Protests in 1970s; greater control over own affairs

 1968 Indian Bill of Rights

5-9

Equality through Law  Asian Americans and immigration

 Long tradition of immigration restriction, ended 1965

 Some legal victories in field of education

5-11

Equality through Law  The Voting Rights Act of 1965

 Barring of whites-only primaries, 1940s

 Twenty-fourth Amendment prohibited poll taxes, 1960s

 Voting Rights Act of 1965 allowed federal agents to oversee

voter registration

 States prevented from creating election districts that

deliberately dilute the minority vote, or to give it control

5-12

Equality through Law  The Civil Rights Act of 1968

 Housing

 Prohibition of redlining

5-13

What’s Your Opinion?  Should private discrimination be allowed?

 Should private country clubs and organizations be allowed

to discriminate based on:

 Religion, race, color, ethnic background?

 Gender, age, income?

 Physical characteristics, sexual preference, lifestyles?

5-14

Equality through Law  Affirmative action

 Focus on “equality of result”

 De facto discrimination

 Social, economic, cultural biases—discrimination

 De jure discrimination

 Specific law—discrimination

5-15

Equality through Law  Affirmative action

 Full and equal opportunities for all in education,

employment, etc.

 Controversy over ends and means

 Affirmative action in law

 University of California Regents v. Bakke (1978)

 Adarand v. Pena (1995)

5-16

What’s Your Opinion?  Which position on affirmative action programs comes

closer to your own point of view?

 Keep them without rigid quotas?

 Phase them out?

 Don’t know or have an opinion?

5-18

The Continuing Struggle for Equality  African Americans

 Aftermath of the civil rights movement

 Continuing high disparity in income

 Discrepancies in convictions and sentencing

 High rate of dissolution of black families

 Movement into political office

5-20

The Continuing Struggle for Equality  Women

 Electoral and political successes

 Job-related issues

 Lack of job equality

 Family leave

 Gender pay equity

 Sexual harassment

 “Feminization of poverty”

5-22

The Continuing Struggle for Equality  Native Americans

 Suits to regain land

 Negative discrepancy in health, wealth, and education

 Casinos; rising income but controversial

5-24

The Continuing Struggle for Equality  Hispanic Americans

 Immigration and legal residence issues

 Fastest growing minority; electoral success

5-26

The Continuing Struggle for Equality  Asian Americans

 About 12 million Asian Americans

 Emphasis on academic achievement in Asian American

communities

 Upwardly mobile group

5-28

The Continuing Struggle for Equality  Gays and lesbians

 Legal victories: Romer v. Evans, Lawrence v. Texas

 Don’t Ask, Don’t Tell Repeal Act in 2010: gays and lesbians

can now serve openly in the armed services

5-29

The Continuing Struggle for Equality  Gays and lesbians

 Legal setbacks: Boy Scouts exclusion policy upheld

 Same-sex marriage legal in some states, but federal Defense

of Marriage Act (DOMA) allows states to deny marital

rights granted by other states

5-31

The Continuing Struggle for Equality  Other disadvantaged groups

 Older Americans

 Age Discrimination Act and Age Discrimination in Employment

Act

 Disabled Americans

 Americans with Disabilities Act

5-32

Discrimination:

Surface Differences, Deep Divisions

 America’s high ideals often clash with its history

 Frequent tendency or desire to avoid retelling the negative

aspects of American history