American American Government and Government and

OrganizationOrganizationPS1301PS1301

Tuesday, 30 NovemberTuesday, 30 November

AnnouncementsAnnouncements

Midterm grades posted on the web; 10 Midterm grades posted on the web; 10 point curve. Average score 79.point curve. Average score 79.

Last day of class is next Tuesday; final Last day of class is next Tuesday; final exam is the following week. For date and exam is the following week. For date and time see the time see the University exam scheduleUniversity exam schedule

Two thirds of final exam will be Two thirds of final exam will be comprehensive; the remaining third will comprehensive; the remaining third will focus on the material from the third focus on the material from the third midterm.midterm.

What Are Civil Rights?What Are Civil Rights?

Americans have applied the term Americans have applied the term civil rights to a variety of rights and civil rights to a variety of rights and privileges.privileges.

Civil rights represent those Civil rights represent those protections protections by governmentby government power. power. That is, they require governments to That is, they require governments to act, whereas civil liberties are well act, whereas civil liberties are well served when government does served when government does nothing.nothing.

Modern Day Civil RightsModern Day Civil Rights

Modern day “civil rights” include Modern day “civil rights” include safeguards against any effort by safeguards against any effort by governmentgovernment or or dominant groupsdominant groups in a in a community to subjugate another community to subjugate another group and take unfair, mostly group and take unfair, mostly economic, advantage of it.economic, advantage of it.

The concept has advanced well The concept has advanced well beyond the “civic” rights of colonial beyond the “civic” rights of colonial America.America.

Contemporary Contemporary InterpretationInterpretation

Civil rights refers to the equality of Civil rights refers to the equality of all people, regardless of:all people, regardless of:

– – Race, ethnicity, or national originRace, ethnicity, or national origin– – ReligionReligion– – GenderGender– – Sexual orientationSexual orientation– – AgeAge– – DisabilityDisability– – Disease (e.g., HIV/AIDS, cancer)Disease (e.g., HIV/AIDS, cancer)– – Weight, etc.Weight, etc.

Civil Rights and the 14Civil Rights and the 14thth AmendmentAmendment

•“•“All persons born or naturalized in All persons born or naturalized in the United States … are citizens of the United States … are citizens of the United States … No state shall … the United States … No state shall … deny to any person within its deny to any person within its jurisdiction the equal protection of jurisdiction the equal protection of the laws.” the laws.”

The basic concept is political and The basic concept is political and legal equalitylegal equality

But does not guarantee But does not guarantee complete equalitycomplete equality

Discrimination on the basis of achievementDiscrimination on the basis of achievement

& behavior is allowable& behavior is allowable – – Universities may reward academic meritUniversities may reward academic merit – – Employers may hire the best qualifiedEmployers may hire the best qualified – – Laws may punish people who are felonsLaws may punish people who are felons – – Income taxes may discriminate on the Income taxes may discriminate on the

basis of a person’s incomebasis of a person’s income

Civil Rights MovementCivil Rights Movement

The 1964 Civil Rights ActThe 1964 Civil Rights Act The Voting Rights Act of 1965The Voting Rights Act of 1965

This aggressive law authorized the Justice This aggressive law authorized the Justice Department to suspend restrictive electoral tests Department to suspend restrictive electoral tests in southern states that had a history of low black in southern states that had a history of low black turnout.turnout.

Federal officers could be sent into the state to Federal officers could be sent into the state to register voters directly.register voters directly.

States also had to obtain clearance from the States also had to obtain clearance from the Justice Department before changing their Justice Department before changing their election laws.election laws.

Literacy TestsLiteracy Tests Are you qualified to vote?Are you qualified to vote? In Alabama, Part A required you to read out to the In Alabama, Part A required you to read out to the

registrar’s satisfaction a section of the Constitution.registrar’s satisfaction a section of the Constitution. In Part B and C, you were required to answer two sets of In Part B and C, you were required to answer two sets of

four written questions. Here are some examples:four written questions. Here are some examples: What body can try impeachments of the president of the United What body can try impeachments of the president of the United

States?States? Name the Attorney General of the United States.Name the Attorney General of the United States. At what time of day on January 20 each four years does the term At what time of day on January 20 each four years does the term

of the president of the United States end?of the president of the United States end? If the president does not wish to sign a bill, how many days is he If the president does not wish to sign a bill, how many days is he

allowed in which to return it to Congress for reconsideration?allowed in which to return it to Congress for reconsideration? If a bill is passed by Congress and the president refuses to sign it If a bill is passed by Congress and the president refuses to sign it

and does not send it back to Congress in session within the and does not send it back to Congress in session within the specified period of time, is the bill defeated or does it become specified period of time, is the bill defeated or does it become law?law?

For other questions see parts B and C of the For other questions see parts B and C of the Alabama Literacy TestAlabama Literacy Test..

Other examples of Civil Other examples of Civil Rights Policy - Rights Policy -

Affirmative ActionAffirmative Action Affirmative action was the means used Affirmative action was the means used

by the government to redress past by the government to redress past discrimination in employment.discrimination in employment.

This policy requires any employers or This policy requires any employers or government agencies that have government agencies that have practiced discrimination to practiced discrimination to compensate minorities by giving them compensate minorities by giving them special consideration in their selection special consideration in their selection for employment and education.for employment and education.

Affirmative ActionAffirmative Action

This policy is most controversial when applied This policy is most controversial when applied to to Government contracting,Government contracting, University admissions to increase minority University admissions to increase minority

enrollment,enrollment, Employment policies to promote minority Employment policies to promote minority

presence and advancement in business and presence and advancement in business and the professions.the professions.

Notion of quotas quickly rejected by the Court Notion of quotas quickly rejected by the Court and the public. and the public. Bakke v. UC Regents 1978Bakke v. UC Regents 1978

Still, controversy persists.Still, controversy persists.

Affirmative ActionAffirmative Action The contentious politics for and against The contentious politics for and against

affirmative action have revolved around affirmative action have revolved around “preferential” criteria.“preferential” criteria.

This criteria gives minorities some This criteria gives minorities some advantage in university admissions, advantage in university admissions, employment, and government contracts employment, and government contracts without imposing numerical quotas.without imposing numerical quotas.

While a majority of Americans support While a majority of Americans support special assistance for minorities subjected special assistance for minorities subjected to past discrimination, a majority also to past discrimination, a majority also draws the line at affirmative action.draws the line at affirmative action.

Emerging RightsEmerging Rights Americans with Disabilities ActAmericans with Disabilities Act bars bars

discrimination in employment, discrimination in employment, transportation, public transportation, public accommodation, and accommodation, and telecommunications against persons telecommunications against persons with physical and mental disabilities.with physical and mental disabilities.

Elderly with help of the American Elderly with help of the American Association of Retired Persons have Association of Retired Persons have worked to end worked to end mandatory retirement.mandatory retirement.

Emerging RightsEmerging Rights Two recent cases illustrate problems courts Two recent cases illustrate problems courts

confront in trying to implement the ADA.confront in trying to implement the ADA. In 1999 the Court ruled that an airline that In 1999 the Court ruled that an airline that

only hired pilots with 20/20 vision could only hired pilots with 20/20 vision could reject those who required corrective lenses. reject those who required corrective lenses. They had filed their suit under ADA utilizing They had filed their suit under ADA utilizing their eyesight as a disability. But the Court their eyesight as a disability. But the Court said that because it could be corrected it said that because it could be corrected it was not a disability, so the law did not was not a disability, so the law did not apply.apply.

Emerging RightsEmerging Rights In 2001, the Court decided that a In 2001, the Court decided that a

golfer with an atrophied leg could golfer with an atrophied leg could use a golf cart on the PGA tour use a golf cart on the PGA tour despite a rule forbidding one.despite a rule forbidding one.

Walking, the Court said, was not Walking, the Court said, was not “fundamental” to the game.“fundamental” to the game.

Civil LibertiesCivil Liberties

We classify as We classify as civil libertiescivil liberties the the Constitution’s protections from Constitution’s protections from government power. government power.

Freedom of speech, religion and the Freedom of speech, religion and the right to privacy are examples. right to privacy are examples.

Typically violations of these liberties Typically violations of these liberties occur when some government agency, occur when some government agency, at any level, oversteps its authority.at any level, oversteps its authority.

Who protects our civil Who protects our civil liberties?liberties?

Does the constitution guarantee Does the constitution guarantee certain absolute civil liberties?certain absolute civil liberties?

Truth is that our interpretations of Truth is that our interpretations of these freedoms constantly change.these freedoms constantly change.

Question of how to balance Question of how to balance individual liberties with societal individual liberties with societal rightsrights

Cases Involving Civil Cases Involving Civil LibertiesLiberties

Free Speech, Free Speech, Schenck v. United States (1919) Schenck v. United States (1919) clear and present dangerclear and present danger

Freedom of Press, Freedom of Press, New York Times v. Sullivan New York Times v. Sullivan (1964) (1964) Libel violates 1Libel violates 1stst Amendment Amendment

Obscenity, Obscenity, Roth v. United States (1957)Roth v. United States (1957) Court attempts to define obscenityCourt attempts to define obscenity

Establishment Clause, Establishment Clause, Lemon v. Kurtzman (1971)Lemon v. Kurtzman (1971) Three part test for judging constitutionality of division Three part test for judging constitutionality of division

between church and statebetween church and state Gun Control, Gun Control, United States v. Miller (1939)United States v. Miller (1939)

22ndnd Amendment does not provide for absolute guarantee Amendment does not provide for absolute guarantee Right to Privacy, Right to Privacy, Roe v. Wade (1973)Roe v. Wade (1973)

Landmark case on abortionLandmark case on abortion