ap government review unit 1 constitutional underpinnings 5%-15%
TRANSCRIPT
Goals of the US Constitution
Create a strong union of states Establish justice Preserve Domestic Order Provide for the common defense Promote general welfare Promote individual freedoms
Constitution Remedies the Articles of Confederation
Creates Federalism– A balance between the national and state
governments National government could tax Congress could regulate commerce
between the states and foreign nations Article II created an executive
department to enforce laws Article III created a national judiciary with
a Supreme Court and lower courts established by Congress
Constitution Remedies the Articles of Confederation
Only the national government could coin money
States are represented based on population in the House of Reps and equally in the Senate
Bills need a simple majority in the House and Senate
2/3 of Congress and 3/4of the states are necessary to amend the Constitution
Basic Principles of the Constitution
Limited government Popular sovereignty Separation of powers Checks and balances Federalism
Amendments
The Constitution has been formally amended 27 times.– Please know all the amendments
The first 10 amendments are known as the Bill of Rights
Informal Amendments to the Constitution
Legislative action: Judiciary Act of 1789
Executive actions: Executive orders Judicial review: Marbury v. Madison Custom and usage: No 3rd term for
Presidents
Federalism
Delegated powers– Expressed powers given to the national government
Implied powers– Powers that may be reasonably inferred from the
Constitution (Necessary and Proper Clause) Inherent powers
– Powers that exist from the national government because the government is sovereign
Concurrent powers– Belong to both the states and national governments
Reserved powers– Powers that belong to the states (Amendment 10)
Federalism In Practice
Interstate Relations– Full faith and credit clause: states are
required to recognize the laws and legal documents of other states
– Privileges and immunities clause: states are prohibited from unreasonably discriminating against residents of another state
– Extradition: states may return fugitives to states which they fled
– Interstate compacts: states may work together to solve regional problems
National Supremacy
Article IV Supremacy Clause
– McCulloch v. Maryland (1819) Federal law is supreme over state law
– Gibbons v. Ogden (1824) National supremacy over interstate commerce
Federalism Today
Dual Federalism (1789-1932) – Layer cake federalism: National and
state have power within their own sphere of influence
Cooperative Federalism (1932-1968)– Marble cake federalism: National and
state work together New Federalism (Nixon, Reagan,
Bush 41)– Devolution of national power to the
states
Fiscal Federalism
Grant in aid– Money and resources provided by the national
government to state and local projects and programs Categorical grants
– Grants that have specific purpose defined by law Block grants
– General grants which can be used for a variety of purposes
Unfunded mandates– Requirements which are imposed by the national
government on the state and local governments
Political Culture
A set of beliefs and basic values shared by most citizens.– Majority rule– Free elections– Equality in law– Private property– Individual freedoms
Political Socialization
The process in which citizens acquire a sense of political identity– Family and home life– Education– Group affiliations (interest groups, labor
unions)– Demographic factors (age, sex, race,
religion)– Mass media– Historical events
Public Opinion
A collection of shared attitudes of many different people in matters relating to politics, public issues, or making of public policy.
Measuring Public Opinion
1930’s George Gallup developed polling:– Sampling– Preparing valid questions– Controlling how the poll is taken– Analyzing and reporting results
Political Ideology
A set of beliefs about politics and public policy that creates the structure for looking at government and public policy.
Political Spectrum
Radical: favor rapid, fundamental change in existing social, economic, political order
Liberal: supports active government in promoting individual welfare and social rights
Moderate: political ideology falls between liberal and conservative
Conservative: promotes a limited government role in helping individuals, supports traditional lifestyle
Reactionary: advocates a return to a previous state of affairs
Political Parties
An association of people who seek to control the government through common principle.
Two Party System: There are several parties but only two major parties compete and dominate elections
Minor Parties: generally have little to no impact on elections
What do Parties do?
Recruit candidates Nominate and support candidates for
office Educate the electorate Organize the government (majority
vs. minority)
Party Identification
Ideology Income Race Religion Region of country
Education Occupation Gender Family tradition Marital status
Electoral Dealignment and Realignment
Dealignment: when significant number of voters no longer support a particular party
Realignment: voting patterns shift and new coalitions form.– Republicans (1860)– Democrats (1932)
Political Participation
Voting in elections Discussing politics and attending political
meetings Forming interest groups and PACs Contacting public officials Contributing money to a candidate or
political party Running for office Protesting government decisions
Issue or Policy Voting
Direct Primary– Allows citizens to nominate candidates
Recall– Is a special election initiated by petition to
allow citizens to remove an official from office Referendum
– Allows citizens to vote directly on issues called propositions
Initiative– Allows voters to petition to propose issues to
be decided by qualified voters
Low Voter Turnout
Voter turnout is higher for Presidential elections
Lower turnout for midterm elections
Lower when compared to other nations
Low Voter Turnout
Expansion of the electorate (26th Amendment)
Failure of the political parties to mobilize voters
No perceived differences between candidate or party
Mistrust of the government Apathy Satisfaction with the way things are Lack of political efficacy Mobility of the electorate Registration process
Types of Elections Primary Election: voters choose
candidates from their party Closed primary: only voters who are
registered in the party may vote to choose the candidate
Open primary: voters may vote to choose the candidate of either party, whether they belong to that party or not
Blanket primary: voters may vote for candidates of either party
Runoff primary: when no candidate from a party receives a majority of the votes, the top two candidates face each other
Types of Elections
General Election– Voters get to choose from among all the
candidates nominates by political parties or running as independents
Electoral College
President and Vice-President are chosen by the 538 electoral votes– 435 districts– 100 senators– 3 Washington DC
States use a winner take all method of assigning their electoral votes based on popular vote
The candidate that receives a majority (270) is declared winner.
If no winner is declared the House of Representatives chooses the President and the Senate chooses the Vice-President
Campaign Finance
Federal Election Campaign Act (1971)– Restricted
Amount spent on campaign advertising Required disclosure of contributions and expenditures
Federal Election Commission– Enforces the FECA– Created public financing for presidential
candidates Buckley v. Valeo (1976)
– The Supreme Court ruled that spending limits established by the FECA were unconstitutional
Campaign Finance
Bipartisan Campaign Reform Act aka BCRA (aka McCain-Feingold)– Banned “soft money” to candidates &
parties;put limits on issues ads from corporations and unions; increased disclosure
Citizens United v FEC (2010)– $= free speech which removed BCRA
limits oncorporations/unions/non-profits which leads to SuperPACS which can take unlimited $
Interest Groups
Raise awareness and stimulate interest in public affairs by educating their members and the public
Represent membership, serving as a link between members and the government
Provide information to the government
Provide channels for political participation
Types of Interest Groups
Economic Interest Groups– Labor Groups (AFL-CIO)– Business Groups (Chamber of
Commerce)– Professional Groups (National Education
Association)– Agricultural Groups (National Farmer’s
Union)
Congress
Article I of the US Constitution creates a bicameral legislature consisting of the House of Representatives and the Senate
The current structure was a result of the Connecticut or Great Compromise reached at the Constitutional Convention
House of Representatives
Membership– 435 members apportioned by population
Term of Office– 2 years; entire House elected every 2 years
Qualifications– At least 25 years old– Citizen for 7 years– Must live in state where district is located
Constituencies– smaller, by district
Prestige– Less prestige
House of RepresentativesGetting Elected
Apportionment: distribution among the states based on the population of each state
Reapportionment: the redistribution of Congressional seats after the census determines changes in population distribution among the states
Congressional districting: the drawing by state legislatures of congressional districts for those states with more than one representative
Gerrymandering: drawing congressional districts to favor one political party or group over another
House of Representatives
Leadership– Speaker of the House
Presiding officer and most powerful member Assigns bills to committee Controls floor debates Appoints party members to committees
– Majority Leader Assistant to the Speaker Helps plan party’s legislative program Directs floor debates
– Minority Leader Major spokesperson for the minority party Organizes opposition to the majority party
House of RepresentativesHow a Bill becomes a Law
A bill is introduced, numbered, and assigned to a committee
The bill may be assigned to a subcommittee for further study
The bill is returned to committee where it is approved or rejected
The rules committee sets terms of debate for the bill
The bill is debated by the House A vote is taken. Bills that pass go to the Senate Conference committee resolves any differences
between House and Senate Bill Resolved bill is voted on in the House If approved, sent to the President
US Senate
Membership: 100 members (2 from each state)
Term of office: 6 years; staggered terms with one-third of the Senate elected every 2 years
Qualifications: – At least 30 years of age– Citizen for 9 years– Must live in state
Constituencies: Larger, entire state Prestige: More prestige
US Senate
Getting Elected– Members were originally chosen by the
state legislatures in each state
– Since 1913, the 17th Amendment allows the direct election of senators by the people of the state
US Senate
Leadership– US Vice President
Presiding officer of the Senate. Cannot debate and only votes to break a tie
– President pro tempore Senior member of the majority party A ceremonial position
– Majority leader The most influential member of the Senate The majority party’s spokesperson
– Minority leader Performs the same role as the House minority
leader
US SenateHow a Bill becomes a Law
A bill is introduced, numbered, and assigned to a committee
The bill may be assigned to a subcommittee for further study
The bill is returned to committee where it is approved or rejected
No rules committee! The bill is debated by the Senate A vote is taken, where the bill is passed or defeated.
Bills that pass the Senate are sent to the House Conference committee resolves any differences
between House and Senate Bill Resolved bill is voted on in the Senate If approved, sent to the President
Congressional Override
If the President vetoes the bill then it is returned to the Congress, where they may override the veto by a two-thirds vote in each house.
Types of Committees
Standing– A permanent committee that deals with specific
policy matters (agriculture, energy…) Select
– A temporary committee appointed for a specific purpose (Senate Watergate Committee)
Joint– Made up of members of both Houses (Joint
Committee on the Library of Congress) Conference
– A temporary committee of members from both Houses, created to resolve differences in the House and Senate versions of the bill
Caucuses
Informal groups formed by members of Congress who share a common purpose of goals– Congressional Black Caucus – Women’s Caucus– Democratic or Republican Caucus
Roles of Members of Congress
Policymaker Representative Constituent servant Committee member Politician/Party member
House of Representatives/Senate
Incumbency Effect: the tendency for office holders to easily get reelected– Name recognition– Credit claiming (bringing positive results to the
district or state)– Casework for constituents (helped constituents solve
problems)– More visible to constituents– Media exposure– Fundraising abilities– Experience in campaigning– Voting record
Powers of Congress
Legislative Powers– Expressed powers: Powers specifically
granted to Congress, mostly found in Article I, Section 8 of the Constitution
– Implied powers: powers which may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18, “necessary and proper”
– Limitations of powers: power denied Congress in Article I, Section 9 and the 10th Amendment
Powers of Congress Non-Legislative Powers Electoral powers: selection of the President by the
House and Vice-President by the Senate upon the failure of the electoral college to achieve a majority vote
Amendment powers: Congress may propose amendments by 2/3 votes of each house
Impeachment: – House may bring charges, or impeach, the President, Vie-
President, or any civil officer by a simple majority– Senate holds the trial and acts as a jury with a 2/3 vote needed
to find guilt Executive powers of the Senate:
– Must approve appointees by the Executive Branch by a simple majority
– Must approve treaties by a 2/3 vote Investigation/oversight powers: investigate matters
falling within the range of its legislative authority
Legislative Tactics
Caucuses: may form voting blocs Committee system Filibuster or Cloture: in the Senate only,
unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to end a filibuster
Pork barrel legislation: an attempt to provide funds and projects for a member’s home state or district
Logrolling: an attempt by members to gain support of other members in return for their support on the member’s legislation
Legislative Tactics Riders: additions to legislation which generally
have no connection to the legislation Amendments: additions or changes to the
legislation which deal specifically with the legislation
Lobbying: trying to influence members of Congress to support or reject legislation
Conference committee: may affect the wording and therefore intent of the legislation
Legislative veto: the rejection of a presidential or executive branch action by one or both houses of Congress, used mostly between 1932-1980.– Declared unconstitutional in the 1983 case,
Immigration and Naturalization Service v. Chada
Influences on Congress
Constituents Other lawmakers and staff Party influences President Lobbyists and interest groups
President of the United States
Article II of the Constitution establishes the many responsibilities and functions of the President
Term and Tenure– 4 year term– 2 terms (10 year max) 22nd Amendment
President of the United States
Formal Qualifications– Natural born citizen– At least 35 years old– Resident of the US 14 years prior to election
Informal, many presidential candidates share several characteristics– Political or military experience– Political acceptability– Married– White male– Protestant– Northern European ancestry
Succession and Disability
The Constitution provides that if the President can no longer serve in office the Vice-President will carry out the powers and duties of the office
25th Amendment– The Vice-President becomes President if
the office of the president becomes vacant
– The President will nominate a new Vice-President, with approval of a majority from both houses of Congress
Impeachment and Removal
The Constitution gives the House of Representatives the authority to bring charges against the President or Vice-President for “Treason, Bribery, or other High Crimes and Misdemeanors.”
Once charges are brought the Senate holds the trial. The Chief Justice of the Supreme Court presides over the trial
Conviction requires a 2/3 vote
Electoral College System 12th Amendment
– An electoral college elects the President and Vice-President
– Each state chooses the number of electors equal to its number of members in the House of Representatives and Senate.
– In December, after the general election, the electors meet in their state capital to cast their ballots for president and vice-president.
– The electoral college then sends its ballots to the President of the US Senate where they are opened before a joint session of Congress
– To win a candidate needs a majority (270)– If a majority is not reached the House votes on the
top 3 candidates for President and the Senate votes on the top 2 candidates for Vice-President
The Vice-Presidency
Presides over the Senate, casting tie-breaking votes
Help determine presidential disability under the 25th Amendment and take over presidency if necessary
Has the same formal qualifications as the President
Presidential Powers
Executive powers– Enforces laws, treaties, and court
decisions– Issues executive orders to carry out
policies– Appoints officials, removes officials– Assumes emergency powers– Presides over cabinet and executive
branch Military powers
– Serves as commander in chief– Has final decision making authority in
matters of national and domestic defense
– Provides for domestic order
Presidential Powers
Legislative Powers– Gives annual State of the Union message– Issues annual budget and economic reports– Signs or vetoes bills– Proposes and influences legislation– Calls for special sessions of Congress
Diplomatic Powers– Appoints ambassadors and other diplomats– Negotiates treaties and executive agreements– Meets with foreign leaders– Accords diplomatic recognition to foreign
governments– Receives foreign dignitaries
Presidential Powers
Judicial Powers– Appoints members of the federal
judiciary– Grants reprieves, pardons, and amnesty
Party Powers– Leader of the party– Chooses vice presidential nominee– Strengthens the party by helping
members get elected (coattails)– Appoints party members to government
positions (patronage)– Influences policies and platform of party
Limitations on Presidential Powers
Congressional Checks– Override presidential veto– Power of the purse– Power of impeachment– Approval powers over appointees– Legislation limiting the president’s power (War
Powers Act) Judicial Checks
– Judicial review of executive action Political checks
– Public opinion– Media attention– popularity
The Bureaucracy
A systematic way of organizing a complex and large administrative structure.– Hierarchical authority: similar to a
pyramid with the top having authority over those below
– Job specialization: each worker has defined duties and responsibilities, a division of labor among workers
– Formal rules: established regulations and procedures which must be followed
History and Growth Beginnings: standards for office included
qualifications and political acceptability Spoils system: practice of giving offices and
government favors to political supporters and friends
Reform movement: competitive exams were tried and failed due to inadequate funding from Congress
Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit system
Hatch Act of 1939: prohibits government employees from engaging in political activities while on duty
Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, and establish classifications and salaries for federal employed
Organization
The federal bureaucracy is divided into four basic types– Cabinet departments (15 executive
departments)– Independent executive departments
(NASA, Small Business Administration)– Independent regulatory agencies
(Securities and Exchange Commission, Federal Reserve Board)
– Government corporations (Tennessee Valley Authority, US Postal Service)
Influences on the Federal Bureaucracy
Executive influences: appointing the right people, issuing executive orders, affecting the agency’s budget
Congressional influences: influencing appointments, affecting the agency’s budget, holding hearings, rewriting legislation
Iron triangles: alliances between bureaucratic agencies, congressional committees, and interest groups
Executive Office of the President
White House Office National Security Council Office of Management and Budget Office of Faith Based and Community
Initiatives Office of National Drug Control Policy Office of Policy Development Council of economic Advisors Office of US trade Representative
Executive Departments
State Treasury Defense Interior Justice Agriculture Commerce Labor
Health and Human Services Housing and Urban Development Transportation Energy Education Veterans affairs Homeland Security
The Federal Court System
The US has a dual court system of courts-a federal court system and the court system of the 50 states
Article III of the Constitution states that there shall be a Supreme Court and that Congress may establish a system of inferior courts
Jurisdiction Original jurisdiction
– Lower courts have the authority to hear cases for the first time. District Court conducts trials, evidence is
presented, and juries determine the outcome of the case
Supreme Court has original jurisdiction in cases involving representatives of a foreign government, and certain types of cases where a state is a party
Appellate jurisdiction– Courts that hear reviews or appeals of
decisions from the lower courts Court of Appeals Supreme Court
Structure of the Judicial System
District Courts– Created by the Congress in the Judiciary Act of 1789. – There are 94 District Courts – Decide civil and criminal cases
Court of Appeals– Created by Congress in 1891– There are 13 US Court of Appeals– Decide appeals from the District Courts
Supreme Court– Created by Article III of the Constitution– Most of its cases are appeals from the US Court of
Appeals and State Supreme Courts– Has original and appellate jurisdiction
Judicial Selection
The President appoints all federal judges with confirmation from the US Senate
There are no formal qualifications Serve a life term Federal judges may be removed
through impeachment
Supreme Court Selection
Presidents only make appointments to the Supreme Court if a vacancy occurs during their term of office
When making appointments, Presidents often consider:– Party affiliation– Judicial philosophy– Race, gender, religion, region– Judicial experience– Political ideology– Acceptability
The Supreme Court at Work
The term of the Supreme Court begins on the first Monday in October and generally lasts until June or July of the following year.
Accepting Cases
Cases that are accepted must pass the rule of four: four of the nine justices must agree to hear the case.– Writ of certiorari: an order by the court
directing the lower court to send up the records of a case for review
– Certificate: a lower court may ask the Supreme Court about a rule of law or procedures in specific cases
Briefs and Oral Arguments
Once a case reaches the Supreme Court, lawyers for each party to the case file a written brief– Written briefs include: detailed statements of
the facts of the case supported by relevant facts and citations from previous cases
Interested parties may be invited to submit amicus briefs (friends of the court) supporting or rejecting arguments of the case
Oral arguments allow both sides 30 minutes to present their positions to the justices
Writing Opinions
Once the Supreme Court has made a decision in a case, the decision is explained in a written statement– Majority opinion: a majority of the justices agree on
the decision and its reasons– Concurring opinion: a justice who agrees with the
majority opinion but not the reasoning behind the decision
– Dissenting opinion: a justice or justices who disagree with the majority opinion
Majority opinions become precedent in deciding future cases
Judicial Activism
Holds that the court should play an active role in determining national policies
The philosophy advocates applying the Constitution to social and political questions
Judicial Restraint
Holds that the court should avoid taking the initiative on social and political questions.
Operating strictly within the limits of the Constitution
Agenda-Setting
Recognizing an issue as a problem which must be addressed as a part of the political agenda.
Problems are brought to the political agenda by:– Citizens– Interest groups– The Media– Government Entities
Formation/Adoption/Implementation
Formation: finding ways to solve the problems
Adoption: adopting a plan of action to solve the problem; may require legislation
Implementation: executing the plan of action by appropriate agency or agencies
Policy Evaluation
Analysis of policy and its impact upon the problem
Judging the effectiveness of policy
Domestic Policy
Crime Prevention: FBI, DEA, & ATF Education: States run education but
since the creation of the Department of Education (1979) the Fed has used grants and vouchers as influence
Energy: The study of alternative and renewable sources of fuel.
Regulates nuclear waste.
Domestic Policy
Health Care: Medicare (elderly), Medicaid (poor),
CDC, VA, FDA
Social Welfare: Social Security, Housing Programs,unemployment benefits
Economic Policy
Raising Revenue: income tax, cooperate tax, estate tax, customs
Government Spending– Discretionary Spending
Defense, Education, Student Loans, Scientific Research, Environmental Clean-up, Law Enforcement, Disaster Aid, Foreign Aid
– Nondiscretionary Spending Interest of the national debt, social welfare
programs
Economic Policy
Federal Budget: Proposed each year (fiscal year is
October 1 through September 30)– Proposals
Each federal agency must submit a budget request to the Office of Management and Budget.
The President submits a budget proposal to Congress based on the OMB
The Congress proposes its own budget based on the advise of the Congressional Budget Office
Economic Policy
The budget must be passed by Congress and signed by the President by September 15.
Failure to pass a budget could lead to the federal government to shut down.
Civil Liberties
Constitution– Writ of habeas corpus: you must be
brought before the court and informed of charges against you
– No bills of attainder: you cannot be punished without a trial
– No ex post facto laws: laws applied to acts committed before the laws’ passage are unconstitutional
– Trial by jury
Civil Liberties
Bill of Rights– Freedom of religion, speech, press,
petition, and assembly– No unreasonable search and seizure– Protections against self-incrimination
and double jeopardy– Protections in criminal procedures
Civil Liberties
14th Amendment– Provided for the expansion of the Bill of
Rights to the states and local governments
– Incorporation Legislation
– Laws that set limits or boundaries on one person’s rights over another person
Courts– Judicial review
Freedom of ReligionEstablishment Clause
Congress cannot: – Establish a national religion– Favor one religion over another– Tax citizens to support any one religion
Freedom of ReligionEstablishment Clause
Please know the following Supreme Court cases– Engle v. Vitale– Abington Township v. Schempp– Lemon v. Kurtzman– Minersville v. Gobitus– West Virginia v. Barnette– Wallace v. Jaffree
Freedom of ReligionFree-Exercise Clause
Guarantees the right to practice any religion or no religion at all
Know these cases– Reynolds v. United States– Wisconsin v. Yoder– Oregon v. Smith– Church of the Lukumi Babalu Aye v. City
of Hialeah
Freedom of Speech
Pure Speech: the most common form of speech, verbal speech
Symbolic Speech: using actions or symbols to convey an idea
Speech Plus: verbal and symbolic speech used together
Freedom of Speech
Know these cases– Abrams v. United States– Schenck v. United States– Gitlow v. New York– Tinker v. Des Moines– Texas v. Johnson– Reno v. ACLU
Freedom of the Press
Know these cases– Near v. Minnesota– New York Times v. Sullivan– New York Times v. United States– Hustler v. Falwell– Hazelwood School District v. Kuhlmeier
Freedom of Assembly
The government is allowed to set limits on assembly to protect the rights and safety of others– Dejonge v. Oregon
Property Rights
The due process clause of the 5th and 14th Amendments provide for the protection of private property by guaranteeing :life, liberty, or property, without due process of the law”
Due Process
Substantive due process– Involves the policies of government or
the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections
Procedural due process– The method of government action or
how the law is carried out, according to established rules and procedures
Right to Privacy
The Constitution makes no mention of a “right to privacy,” however the Supreme Court has interpreted several rights that may fall under the category of privacy– Griswold v. Connecticut– Roe v. Wade
Fourth AmendmentSearch and Seizure
Know these cases– Wolf v. Colorado– Mapp v. Ohio– TLO v. New Jersey– Weeks v. United States– Katz v. United States
Eighth AmendmentCruel and Unusual
Punishments Know these cases
– Furman v. Georgia– Gregg v. Georgia
Civil Rights
Are the positive acts of government, designed to prevent discrimination and provide equality before the law
The Equal Protection Clause of the 14th Amendment prevents the states from discriminating against citizens.
Civil Rights Movement
13th Amendment abolished slavery 14th Amendment defined citizenship
and provided due process and equal protection
15th Amendment provided that all males 21 and older could vote
24th Amendment outlawed the poll tax in federal elections
Civil Rights Movement
Black codes: state laws passed to keep freed slaves out of politics (literacy test, poll tax, registration tests)
Civil Rights Act of 1876: outlawed racial segregation in public places
Jim Crow Laws: created segregation in schools, public transportation, and hotels
Plessy v. Ferguson: separate but equal facilities are constitutional
Civil Rights Movement
Executive Order 8802: Franklin Roosevelt banned racial discrimination in the federal government
Executive Order 9981: Harry Truman ordered the desegregation of the military
Brown v. Board of Education: overturned Plessy v. Ferguson, separate but equal is unconstitutional
Civil Rights Movement
Civil Rights Act of 1964: prohibited discrimination in employment and in places of public accommodations
Voting Rights Act of 1965: outlawed discriminatory tests in voter registration
The Women’s Movement
19th Amendment gave women the right to vote
Equal Pay Act of 1963: made it illegal to base a person’s pay on their gender, race, religion, or national origin
Equal Employment Opportunity Act of 1972 prohibited gender discrimination in hiring, firing, promotions, and pay
People with Disabilities
The Rehabilitation Act of 1973 prohibited discrimination against people with disabilities in federal programs
The Americans with Disabilities Act of 1990forbids employers from discriminating against people with disabilities
Affirmative Action
A policy designed to correct the effects of past discrimination.
University of California v. Bakke (1978): the court ruled that affirmative action was constitutional but that Bakke had been denied equal protection because the university used race as the sole criteria for admissions