Con Law August 26 Lecture 7

Con Law August 26 Lecture 7 - Discrimination Starts from...

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Discrimination Starts from the idea that civil rights are all about the right to be treated equally by your government. Does this mean that everybody should be exactly the same? No Were not talking about making everyone equal. Equality isn’t an idea that dictates we all have the same resources and capacities. Equality means that everyone is treated the same by government that works because of them. The government exists because we the governed let it exist Equality – the government cannot discriminate or treat one person treat differently for bad reasons. If you get car sick on bumper cars and want to be an astronaut, the government says you don’t get to be an astronaut. A scenario in which discrimination is allowed. Another example: trying to buy beer at 17, they say no. Cant pick out an inate characteristic and say for you and only you the law is gonna be different. There use to be acceptable discriminatory laws. As voting evolved, at first only white males got to vote. But not all, if you were too young you couldn’t. Women were allowed to vote on some things, such as school boards, but nothing else. 13-15 th amendment were civil war amendments Radical republicans were most concerned about slavery. Wanted to make sure that slave trade ended for mostly economic reasons and partially humanitarian reasons. 1865 – concern is slave trade. Civil war set the concept of race as a black white issue for a long time until about the 1950s, where Hispanics were white. 19 th amendment? – Indians, in a legal sense, weren’t even people. If black people cant be treated differently because they are black
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The political facts at the time were all about slaves and what would happen after the civil war. 13 th amendment – gets rid of slavery and involuntary servitude. Still exists – prostitutes. K-Mart – garment sweatshops beyond the bounds of labor law that are paying off the cost of their voyage. We still have slavery and involuntary servitude, 13 th amendment doesn’t rid of it but doesn’t make it legal anymore, it doesn’t mean that it doesn’t exist. 14 th amendment – section 1 – all person born and naturalized… - says that states owe you due process and equal protections of the law. Before the amendment, has to do with federal. Bill of rights slowly incorporates to states through the 14 th amendment. It makes due process and equal protection apply to state action and gives congress the explicit authority to pass laws to ensure those actions. 15 th amendment – right of citizens to vote shall not be denied… Page 626 14 th amendment stuff Discrimination analysis should begin with how and is the treatment different. If there isn’t a difference, then there isn’t discrimination. The court evolves slowly on this.
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Con Law August 26 Lecture 7 - Discrimination Starts from...

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