Class Notes Test Three

Class Notes Test Three - Test Three Chapter Nine Racial...

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Test Three: Chapter Nine: Racial Equality (Equal Protection Clause of the 14 th Amendment) I. Two views of racial equality under the constitution (What the government can do) a. Anti-Discrimination Principle i. Allied with individualism school of thought 1. concerning racial discrimination, the government is after individual proof to remedy a. must concern individual citizen b. individual must prove it; no group based remedies (like contrasting group) 2. individual proof is needed; you shouldn’t/can’t harm other individuals to aid others in achieving racial justice/equality a. Cannot discriminate to achieve justice 3. The individualist sees equality of opportunity as essential to individuals seeking to maximize their goods ii. Hold procedural view of justice (procedural due process); justice=fundamentally fair 1. Government is limited to what is procedurally fair 2. Synonyms of fair procedure: equality of access, equality under the law, equality of opportunity 3. procedurally fair a. Everyone can take the test, one size fits all; fair procedure; accessible to everyone, opportunity to compete b. Once exam is given, that is all they can do c. Burden on you as individual to perform d. Opportunity to prepare, but after test it is up to you (do not mess with results) e. If procedure is fair, it is up to you to perform 4. emphasis on what the individual should do 5. unfair to level the playing field 6. equality is a negative right (the governments hands are tied and it becomes a burden on the government) a. Equality merely means that the government and law should not discriminate against individuals in an arbitrary fashion b. Government and the law must always distinguish between individuals, their characteristics, and their behavior b. The group disadvantaged Principle i. Substantive Remedy 1. equality of result, equality of condition 2. society or the government is responsible for certain groups or minorities failing 3. individuals here will be hurt in order to help the group 4. They want procedural due process and also a substantive due process; want fair test as well as fair results 5. want to level the playing field and make things equal 6. equality is not negative, but a positive remedy (government has a duty, must take action, to create equality of condition and equality of result a. the government would have the positive duty to address inequalities between people and could operate from a group- based as oppressed to an individual-based perspective ii. Communitarianism 1. concern not for the individual, but the group 2. group remedies are allowed; individual proof of discrimination is not needed; racial group membership is enough
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3. support affirmative action and racial preferences 4. Political equality is a prerequisite for certain values and maximum citizen participation II. Slavery, race, and the Constitution a. Three main references to slavery in the Constitution i. 3/5 Compromise 1. article 1 section 2 2. slaves counts as 3/5 of a person
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Class Notes Test Three - Test Three Chapter Nine Racial...

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