09.25 - 09.25.07 Review: Civil Rights-equal treatment under...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
09.25.07 Review: Civil Rights—equal treatment under the law in which the government takes a proactive role (it must treat you equally). This was not a big issue until after the amendments (13 th -abolish slavery, 14 th Amendment’s equal protection clause, 15 th amendment which expanded suffrage=>changes in a democratic direction). However the equal protection clause does not require that every person is treated equally. Tax law : if you make a certain amount of money, you get treated differently than if you make a different amount. Although seemingly on paper its clear states must treat people equally states can treat people unequally if they have a significant reason to do so. The amendment just prohibits classification based on races. 14 th Amendment gives birth to the civil rights. Why didn’t congress use interstate congress clause to get rid of the law bans that states used to prohibit some people from participating in politics. o Congress does not assert itself really until 1930s and 1940s. Cases o Separate but Equal o Brown v. Board of Education o Civil Rights Act of 1964: used interstate commerce to ban segregation. They say that African Americans have achieved formal equality. However, after these laws have passed not much has changed other than formal legal equality. Equality in other realms are not achieved. Something more is needed. Therefore, there was a department: Department of Health Education and Welfare. They were in charge of overseeing and developing the Civil Rts Act of 1964. This department interpreted it to mean : “we think that means we need to discriminate, we need to treat people differently because the policy itself is not going far enough… there’s this history, legacy of discrimination that is making the playing field unequal…” = affirmative action = give more in the way of benefits and opportunities to African Americans. o This led to other groups wanting benefits because they also felt discrimination. Therefore the justification changed from making up for previous formal discrimination to diversity. o Conflict = Ppl read the 14 th Amendment, and Civil Rts Act of 1964, and wonder why they are being treated differently because of membership in a certain group. Supporters of Affirmative Action says we need to treat people
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/02/2008 for the course POL SCI 1 taught by Professor Wallsten during the Fall '08 term at University of California, Berkeley.

Page1 / 5

09.25 - 09.25.07 Review: Civil Rights-equal treatment under...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online