Chapter 5.docx - 1 Explain all equal rights all men are created = Equal rights refer to right of every person to = protection under laws and = access to

Chapter 5.docx - 1 Explain all equal rights all men are...

This preview shows page 1 - 3 out of 7 pages.

1. Explain all equal rights: all men are created = Equal rights: refer to right of every person to = protection under laws and = access to society’s opportunities and public venues Americans and Equality They have attained substantial equality under law, - access to housing/accommodations and = right to vote Not always in practice Legal Equality for Americans Hasn’t resulted in de facto equality Minority groups have disproportionately small share of America’s opportunities Ppl disagree how govt. should handle it Disadvantaged groups Struggled greatly for = rights 2. Equality through Law Least developed of America’s founding concepts is equality Minority protection policies today Result of sustained political action that forced ingrained interests to relinquish their privileged statues 14 th amendment: equal protection “no state shall deny to any person within its jurisdiction the = protection of the laws” Equal protection clause Designed to require states to treat their citizens = Ada Sipuel Oklahoma, which had no law school for blacks, was required to meet black student Sipuel Created a sep law school for her where she sat alone SC ordered law school to admit her to regular classes Law school did so but ended up roping off her seat from rest of class and wrote color on it Segregation in Schools Brown v. Board of education of Topeka (1954) Began when black child, Linda Brown, was denied admission to white elementary school Court banned forced segregation in public schools Didn’t require states to take active steps to integrate schools Swann v. Charlotte-Mecklenburg County board of education (1971) Court upheld busing programs that aimed to speed up racial integration of public schools in U.S. Busing of kids outside neighborhoods make kids stay in bus for long hours Seattle and Louisville School System Court Cases (2007) Effectively ended force busing America schools are now more ethnically racially segregated than they were when busing began Judicial Tests of Equal protection Reasonable Basis Test Judiciary allows inequalities that are “reasonably” related to legitimate govt interest Courts require govt to show that law is reasonable
Not suspect category—assumed constitutional unless no sound rationale for the law can be provided Ex. 21 yr. olds can legally drink bc they want to reduce crashes among young drivers Doesn’t apply to racial/ethnic classifications Strict Scrutiny Test Any law that treats ppl differently bc of race/ethnicity is subject to this Suspect category—assumed unconstitutional in the absence of an overwhelming justification Intermediate Scrutiny Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose Focused on gender Suspect Classifications Laws that classify ppl differently on basis of their race or ethnicity are assumed to have discrimination as their purpose Loving v. VA (1967) VA had law banning interracial marriage

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture