Chapter 5 Review

There will be NO reading Monday night No quiz on Chapter 5 – will be tested on the

Chapter 1 – 5 test We will complete practice questions on

Monday in class

Chapter 1 – 5 TEST on TUESDAY

Racial and ethnic discrimination Gender discrimination Discrimination based on factors including

age, disability, and sexual orientation

Three types of equality

Equal Protection Clause Tool used to remedy struggles for equality First and only place the Constitution mentions equality

SECTION 1. All persons born or naturalized in the United States, and

subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

14th Amendment

Standards of review! Three levels of analysis (or scrutiny) A classification must bear a relationship to

some legitimate governmental purpose Think about the age for voting – 18…

Is this reasonable?

How do we know if a law is breaking the 14th amendment?

Race and ethnicity Inherently suspect Difficult to (meet) show that it serves a

compelling gov’t interest Gender

Intermediate scrutiny Other (age, wealth)

Reasonableness Easy to (meet) show that it serves a

compelling gov’t interest

Standards of Review

Forbade discrimination in employment on the basis of race, color, national origin, religion or gender

Set up Equal Employment Opportunity Commission

Outlawed discrimination in hotels, restaurants, and public transportation

Civil Rights Act of 1964

Fed. gov’t could withhold fed. grants from state and local gov’t if they practiced racial discrimination

Authorized U.S. Justice Department to initiate lawsuits to desegregate public schools and facilities

Did NOT include discrimination in housing In 1968, the Open Housing Act eliminated

discrimination in housing

Civil Rights Act of 1964

Prohibited any gov’t from using voting procedures that denied a person the vote on the basis of race or color

Abolished the use of literacy requirements Federal gov’t sent election registrars to

areas with a history of discrimination

Voting Rights Act of 1965

Chapter 5 Notes – quick!! Pass back Chapter 3 and 4 quizzes Quiz make-ups?? Reading notes for this week – reading starts

tomorrow Just study tonight! Multiple choice and FRQ practice questions

Monday, September 9th

Racial gerrymandering: drawing district boundaries to advantage a certain group

The 1982 amendment further insisted that minorities be able to “elect representatives of their choice” when their numbers and configuration permitted

State legislatures interpreted the Voting Rights Act as a mandate to create minority-majority districts

After 1990 census – many states created odd shaped districts to give minority-group voters a numerical majority

Racial Gerrymandering

1993: Shaw v. Reno – disagreed with the creation of districts based solely on racial composition, as well as the district’s drawers’ abandonment of traditional redistricting standards such as compactness and contiguity

1995: Miller v. Johnson – court rejected Justice Department’s efforts to create minority districts

1999: Hunt v. Cromartie – consideration of race is not automatically unconstitutional if the state’s primary motivation was political rather racial African Americans tend to be democrats

Court Cases

Currently, you can’t redraw districts based solely on RACE

States continue to redraw districts There will be continued litigation (court cases)

on the issue

Overall…

• Lines are drawn to help the party in power keep power• This process is called “gerrymandering” – two forms: • “Packing” (putting partisans into one district) and

“cracking” (partisans spread out to reduce impact) • It’s illegal to gerrymander on account of race…but many

African Americans are Democrats, so it often looks racial

District 1 District

2

District 3

Red party in control as of last apportionment.

Blues take control after census.

Blues control apportionment board, and redraw districts in their favor.

Red-packed

Red-cracked

Red-cracked

A separated husband and wife sought claim of son’s estate

Idaho law said "males must be preferred to females“

Did Idaho law violate the 14th Amendment? YES!!!

Reed (female) won the S.C. decision First time S.C. upheld a claim of gender

discrimination

Gender: Reed v. Reed

Title IX of the Education Act of 1972 Forbids gender discrimination in

federally subsidized education programs, including athletics.

Gender Cont.

Hispanic Americans Hernandez v. Texas

Protection against discrimination to Hispanics

Hispanics were excluded from being a jury and S.C. ruled Hernandez didn’t get fair trial

Largest Minority Group

Proponents: allow for preferential treatment to previously disadvantaged groups

Opponents: encourages reverse discrimination, ppl. less qualified are accepted or hired

Affirmative Action