The Amendments

The Amendments To the United States Constitution

The Bill of RightsAmendments 1-10

◦ 1791◦ Adopted 2 yrs. after the ratification of the US Constitution after

delegates to the Constitutional Convention agreed to the concept of a Bill of Rights as the first 10 amendments to the Constitution.

◦ Established a basic definition of civil liberties- those rights that government cannot take away.

◦ Established an individual’s due process rights and uses similar language from the Declaration of Independence to protect individuals against the government depriving them of “life, liberty, and property without due process.”

The bill of rights initially applied only to laws passed by the federal government. As a result of Supreme Court cases in the 20th century, the Bill of Rights was applied to the states through selective incorporation

Background

First Amendment1791

Establishing a state supported religion Prohibiting the free exercise of a person’s religion Abridging freedom of speech Abridging freedom of press Respecting the right to peaceably assemble Respecting the right to petition the government

Guaranteed that Congress could not make laws:

Thomas Jefferson called for a “wall of separation between church and state.”

The clause was intended to prevent the federal government from supporting a national religion

Supreme Court interpretations of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols

The court has been inconsistent in its rulings that deal with establishment issues, placing limitations on government support of religion while supporting a government entity’s right to recognize religion.

The Establishment Clause

Facts: New York State had a mandatory requirement that all students must recite a nondenominational prayer that started with “Almighty God we acknowledge our dependence on thee…” each day along with the Pledge

Issue: Whether the establishment clause was violated by New York State

Decision: The court struck down the prayer, ruling that it violated the First Amendment’s separation of church and state

Related cases: Lee v. Weisman-1992- clergy at graduation ceremonies unconstitutional, Sante Fe Independent School District v. Doe-2000- school-led prayer prior to a football game unconstitutional.

Engle v. Vitale1992

under establishment clause

Facts: A Pennsylvania law allowed state financial support, such as textbooks and teacher salaries, for secular subjects taught in parochial schools

Issue: Did the Pennsylvania law violate the First Amendment’s establishment clause?

Decision: The court ruled that the state violated the separation of church and state by providing aid to parochial schools

The court also developed a three-prong test as criteria for determining whether the establishment clause has been violated Purpose of the legislation must be secular, not religious Primary effect of legislation must neither advance nor inhibit

religion The legislation must avoid an excessive entanglement of

government with religion

Lemon v. Kurtzman1971establishment clause

This clause was included to allow citizens to practice religion without government interference

Free exercise of religion guarantees that one’s beliefs are protected but raises questions of whether actions based on those beliefs constitute a violation of the free exercise clause

Issues such as working on the Sabbath, the practice of polygamy, using illegal drugs as part of religious exercise, pledging allegiance to the flag, and home schooling because of religious beliefs have been raised and decided by the Supreme Court.

Free Exercise of Religion

Dealt with the practice of polygamy in the territory that would become Utah

Reynolds, a Mormon, was a polygamist and was arrested and convicted for violating a Utah law making polygamy illegal. Reynolds challenged the law based on the free exercise clause The Supreme Court ruled that the law was constitutional

and the practice of polygamy was not a violation of the free exercise clause

Reynolds v. United States1878free exercise of religion

Dealt with the practice by Native Americans of using peyote as part of their religious ritual.

Oregon refused to grant unemployment benefits because the Native Americans used illegal drugs and were dismissed from drug counseling jobs.

The Supreme Court upheld Oregon’s decision stating that there was a compelling government interest in regulating drugs.

Employment Division of Oregon v. Smith1990free exercise of religion

The issue of free speech revolves around the extent and limits the government can place on free expression

Speech is classified as expressive and symbolic Individuals can bring up lawsuits, called slander, against

entities that use speech to defame one’s character Speech can also be limited during times of war if it can

be proved that the speech limits the government’s ability to conduct its war policies

Speech can be limited if it is obscene or if the speech creates a threat to an individual or group

The Supreme Court has ruled that the First Amendment applies to the states through selective incorporation.

Free Speech PrinciplesBackground

Gitlow was a socialist who advocated through speech and pamphlets strikes and other civil actions that would accomplish his goals.

New York State had an anti-anarchy law and Gitlow was arrested and convicted for his actions

The Supreme Court upheld his conviction, creating a “dangerous tendency” test, and in its decisions ruled that the First Amendment applied to the states by virtue of the due process clause of the 14th Amendment. This was the 1st time selective incorporation was used by the court.

Gitlow v. New York1925free speech

Chaplinsky called a city official “a damn fascist” in a public place. He was arrested for violating a breach of the peace.

The Supreme Court upheld his conviction and in its ruling established the “fighting words doctrine”- words that can inflict injury or cause a breach of the peace can be regulated.

Chaplinsky v. New Hampshire1925free speech

Facts: Schenck mailed flyers to potential draftees urging them to defy the draft during World War I. He traveled around the country speaking out against the war and urged people to oppose the draft.

Issue: The United States government accused Schenck of violating the Espionage Act, which makes it insubordination and draft resistance illegal. Were Schenck’s actions a violation of his First Amendment right of free expression and free speech?

Decision and significance: The Supreme Court upheld Schenck’s conviction. Justice Holmes equated Schenck’s actions to yelling fire in a darkened movie theater. The court ruled that Schenck created a “clear and present danger” by advocating his position.

This doctrine gives the government the right to prosecute individuals who through expressive or symbolic speech create a “clear and present danger”

Schenck v. United Statesfree speech

Facts: Mary Beth Tinker was suspended from school for wearing a black armband protesting the Vietnam War.

Issue: Whether the protest represented symbolic speech under the First Amendment

Decision: the court ruled that the suspension was unjustified and that the black armband represented symbolic speech that was protected under the First Amendment. The court stated that student’s rights “do not stop at the schoolhouse gates” but also recognized that schools had the right to intervene if there was a “material and substantial” disruption of the school environment.

This was the first in a number of cases that raised the issue of whether students attending public schools were protected by the Bill of Rights.

Tinker v. Des Moines1969free speech

Facts: Gregory Lee Johnson was arrested for burning a US flag protesting Ronald Reagan’s policies and his nomination for a second term outside the Republican national Convention in Dallas. He was accused and convicted of breaking a law that prohibited the “desecration of a venerated object”

Issue: Whether Johnson’s protest represented symbolic speech under the First Amendment

Decision: the court ruled 5-4 that burning the flag for the purpose of political protest was symbolic speech and constitutional.

Significance: Congress failed to pass a constitutional amendment banning flag burning after a national law that prohibited flag burning also was ruled unconstitutional.

Texas v. Johnson1989free speech

The First Amendment guarantee of a free press deals with the written word and whether there can be legitimate limitations placed on it by the government

One issue that is raised is whether the government can censor the press during a time of war

A second issue is whether the press can be censored as a result of the use of obscenities

A third issue is to what extent an individual is protected from the abuses of a free press. Libel is defined as the defamation of an individual ‘s character in the written word

Free Press Principles

John Peter Zenger, a journalist writing for the New Your Gazette, was highly critical of New York Governor William Cosby and wrote stinging editorials denouncing the governor

Governor Cosby accused Zenger of “seditious libel” and brought Zenger to trial.

Alexander Hamilton defended Zenger and a jury found Zenger not guilty

As a result of this trial, a foundation was laid that a press can operate freely and openly even if it meant that public officials were criticized

John Peter Zenger Trial1731free press

Facts: Daniel Ellsberg leaked a secret Pentagon study of the Vietnam War that was published by The New York Times and Washington Post. President Richard Nixon obtained an injunction against both papers that forced the papers to stop publication of the material. Nixon claimed that the release of the Pentagon Papers would hurt national security during the Vietnam War.

Issue: Whether the publication of the Pentagon Papers was protected by the First Amendment’s free press clause

Decision: the court ruled that The New York Times and Washington Post had the right to publish the Pentagon Papers and that the government misused its authority of “prior restraint” when it asked the courts to censor the publications.

New York Times v. United States (Pentagon Papers Case)1971free press

The right of people to gather in places and express their point of view without government interference

The right of people to freely associate with groups they choose

The right to petition government officials for policies they want

Assembly and association rights must be balanced with the time, manner, place, and nature of assembly

Issue such as whether individuals can freely associate with the Communist Party (yes); whether the Nazi Party can march in Skokie, Illinois (yes); and whether individuals can demonstrate peaceably on public property (yes) have been decided by the courts.

Assembly and Petition of Grievances Principles

Second and Third Amendments

The amendment has been interpreted as the people’s right to bear arms.

The National Rifle Association (NRA) has been the primary special-interest group advocating gun rights and opposing gun control

Issues such as gun control legislation including a ban on assault weapons, a waiting period for gun purchases, and regulation of gun shows have been dealt with by the Congress.

The Second Amendment’s original intent was to guarantee the right of states to maintain an armed militia

Result of British troops staying in the colonist’s homes without permission during the Revolutionary War

Union troops occupied southerner’s homes during the Civil War.

The Third Amendment’s ban on quartering solders was included in the Constitution.

Fourth Amendment

Deals with privacy rights even though the word “privacy” is not found in the amendment

The clause “the right of people to be secure in their persons, houses, papers...” is the basis of the privacy right.

A search warrant is necessary if there is probable cause in order for the police to obtain evidence against an individual

The Fourth Amendment is also the first due process that is included as part of the Bill of Rights. Police must follow the dictates of this amendment in gathering evidence against the individual.

Background

Federal and state governments have attempted to define in a broad manner the rights of law officials to obtain evidence

“Probable cause” has come under close scrutiny by the courts. In cases related to students attending public schools, reasonable suspicion is the criterion for a search.

The Fourth Amendment’s protections have been applied to the states through selective incorporation

Courts have found exceptions to the “probable cause” standard. The police can obtain evidence if it is in “plain view” or if the evidence was obtained as a result of an emergency

Issues such as abortion and the extent the government can use warrantless wiretaps raise privacy issues.

Fourth Amendment Principles

Wolf v. Colorado was a key incorporation case that made the 4th Amendment applicable to the states through the due process clause of the 4th Amendment. The decision allowed illegally obtained evidence to be used in states courts.

Mapp v. Ohio overturned Wolf v. Colorado Facts: Dolree Mapp accused police of obtaining evidence

used against her without a valid search warrant Issue: Whether illegally obtained evidence can be used in

a trial Decision: Mapp v. Ohio established the exclusionary rule:

if the police obtained evidence without a valid search warrant it would not be admissible in court; characterized illegal evidence as “fruit of the poisonous tree”

Wolf v. Colorado (1949) and Mapp v. Ohio (1969)4th amendment

Facts: Griswold, the Executive Director of Planned Parenthood of Connecticut, was convicted for violating a Connecticut law that made it illegal to give information to married couples regarding birth control.

Issue: Whether Connecticut’s law violated the 4th amendment’s right to be “secure in their persons” as a result of the counseling that was done

Decision and significance: The Supreme Court ruled that the law prohibiting obtaining information about birth control was illegal under the 4th Amendment

The Court ruled that there was an inferred privacy right given to people in the 4th amendment.

Griswold v. Connecticut19654th amendment

Facts: Norma McCorvey, using Roe as a pseudonym, violated Texas state law that banned all abortions

Issue: Did Texas state law violate a women’s right to privacy that was established in Griswold v. Connecticut?

Decision and significance: The Supreme Court ruled that women had the constitutional right under the 4th Amendment to an abortion. The Court determined that in the 1st trimester women had the right to abortion on demand. During the 2nd trimester, the state could place restrictions on abortions, and during the 3rd trimester more restrictions could be placed on a woman’s decision to have an abortion. Future decisions by the Court gave the state even more authority

to place restrictions on abortions. Congress also passed a law that banned a procedure called “partial birth abortions,” and the Supreme Court upheld that law.

Roe v. Wade19734th amendment

Facts: Pennsylvania law required that women seeking abortions had to wait 24 hours, that minors had to get consent from their parents, and that a married women had to notify her husband she was going to have an abortion.

Issues: Whether the law violated the 4th Amendment and whether Roe v. Wade should be overturned

Decision and significance: The Court upheld the 24 hour waiting period and parental approval (with judicial bypass if challenged) but struck down spousal approval.

Roe v. Wade was upheld and the Casey case became the new precedent for the future cases dealing with this issue.

Planned Parenthood v. Casey19924th amendment

In New Jersey v. T.L.O. a 14 yr. old minor was accused of violating a school policy that prohibited smoking in the bathrooms. The principal search her pocketbook for evidence without a search warrant and found illegal drug paraphernalia.

The Supreme Court ruled that the principal had the authority to conduct the search without a warrant because there was reasonable suspicion

In Vernonia School District v. Acton, the school district imposed a random drug test for all school athletes.

The Supreme Court ruled that the school did not violate the privacy rights of the students. A future case extended the school’s right to randomly drug test any student who was involved in an extracurricular activity.

New Jersey v. T.L.O. and Vernonia School District v. ActionBoth cases dealt with privacy issues established in the 4th Amendment.

Originally passed by Congress in response to the terrorist attacks carried out on 9/11; It was reauthorized in 2006

The Act has provisions that expand the government’s role in dealing with domestic terrorism including surveillance and wiretapping

Gives the government the right to conduct secret searches and phone and Internet surveillance as well as access to private records if there is evidence of possible terrorist activity.

Permits the imprisonment of noncitizens without due process if there is evidence they are involved in terrorist plots

Raises the issue of whether the 4th amendment’s protections can be diminished in the name of national security

Patriot Act2001

Fifth Amendment

These rights include An indictment obtained by the police that charges a

person with a crime A protection against double jeopardy (being tried for

the same crime twice) The right of an individual not to testify against

himself, also called “taking the 5th” The guarantee of due process before a person’s life,

liberty , or property can be taken Just compensation by the government if property is

taken from an individual, called eminent domain.

Established individual procedural rights

Due process established in the Constitution through habeas corpus protection. Habeas corpus is the Latin for “presenting the body.” Its application to the law is that an individual cannot be detained without being charged with a crime

Habeas corpus can be suspended by Congress during war Habeas corpus rights also guarantee individuals the right to

appeal a conviction Due process guarantees that an individual is protected

from unfair treatment by the government from arrest through conviction

The 6th, 7th, and 8th Amendments to the Constitution give individuals protections related to obtaining a lawyer, the trial process, and the sentencing if a person is found guilty.

Due Process Principles

Facts: Ernesto Miranda was charged and convicted of rape and kidnapping. During his interrogation he was not told what the consequences would be if he answered questions. He was never told he could ask for a lawyer during the questioning. Ultimately he signed a confession.

Issue: Whether Miranda’s due process rights were violated as a result of the interrogation techniques used by the police.

Decision and significance: The Court in a landmark decision ruled that Miranda’s confession was illegally obtained. It also ruled that the police had to inform an individual at the time of arrest the rights from the 5th Amendment including the right to remain silent, that anything said could be used in court, that there is a right to consult with a lawyer, and a lawyer will be provided if the accused could not afford one.

Miranda v. Arizona1964

Sixth Amendment

Gives the individual the protections guaranteed during a trial: A speedy and public trial by an impartial jury The trial taking place in the geographic location

where the crime was committed The Court informing the accused of the nature of the

charges The accused having the right to confront witnesses The right of the accused to call witnesses for the

defense The right of the accused to obtain a lawyer

Sixth Amendment

Facts: Earl Gideon was accused and convicted of robbery, a felony under Florida law. He could not afford a lawyer and was forced to defend himself.

Issue: Whether Gideon’s 5th Amendment due process rights AND 6th Amendment right of assistance of counsel were violated

Decision: The Court ruled that Florida had to provide Gideon with an attorney. While in prison Gideon did legal research and submitted to the Supreme Court a “pauper’s brief,” an appeal written by a person who could not afford a lawyer.

Significance: As a result of this case, the accused were guaranteed the right to an attorney.

Gideon v. Wainwright1964

Seventh and Eighth Amendments

The 7th Amendment guarantees the right of a trial by jury for civil trials

The 7th Amendment has NOT been applied to the states through selective incorporation

The 8th Amendment establishes bail procedures giving the accused the right to post bail that is based on the nature of the crime and the history of the accused

The 8th Amendment also protects the accused against “cruel and unusual punishment”

Death penalty cases dealing with when the death penalty can be imposed and whether the death penalty represents cruel and unusual punishment have been brought before the courts.

Seventh and Eighth AmendmentsBackground

Facts: Tony Gregg was convicted of armed robbery and murder and sentenced to death by a Georgia jury. Georgia’s death penalty was previously ruled unconstitutional by the Supreme Court in Furman v. Georgia in 1972.

Issue: Whether the death penalty was cruel and unusual punishment and whether the jury process followed the procedures set forth by the Furman decision.

Decision and significance: The Court ruled that the death penalty did not represent cruel and unusual punishment. It also declared that the jury procedure that imposed the sentence was constitutional because the trial and sentencing were conducted separately.

Gregg v. Georgia1976

Ninth Amendment

The 9th Amendment guarantees that those undefined rights not listed anywhere in the Constitution cannot be taken away from the people.

Even though the right to privacy is not a listed right found in the Bill of Rights, the 9th Amendment protects that fundamental right.

Issues such as “the right to die, “ either by euthanasia or assisted suicide, and abortion have been brought before the courts.

Ninth Amendment

Facts: Nancy Beth Cruzan was left in a coma after a car accident and was diagnosed by physicians as being in a “persistent vegetative state.” Cruzan’s parents wanted the hospital to stop life support but the hospital refused.

Issue: Did the 9th Amendment give Cruzan the “right to die?” Decision and significance: Because there was no evidence

that Cruzan would have chosen to end her life, the Court ruled that the hospital had the authority to continue treatment. However, the Supreme Court declared that if an individual signed a “living will,” the hospital would have to respect the individual’s choice to end life support.

In a related case, the Supreme Court ruled that doctor-assisted suicide is not a protected right. However, Oregon voters using the initiative process approved assisted suicide for its residents.

Cruzan v. Missouri Department of Heath1990

Tenth Amendment

The 10th amendment codifies the definition of federalism- delegated powers are given to the federal government and those powers not denied to the states are reserved to the states and the people.

Delegated powers are those defined by Article I of the Constitution. Powers denied to the states are those powers specifically given to the federal government such as the Congress’s power to declare war.

Reserved powers are those powers not listed in the Constitution such as the authority of the states to pass laws in such areas as education, general health, and welfare.

Tenth Amendment

Eleventh Amendment

Establishes state sovereignty, protecting states from lawsuits against them from citizens of their own state, citizens from other states, or other states or foreign countries

Congressional laws such as the Americans with Disabilities Act and the violence Against Women Act as well as state public employee laws and issues raised by Native American tribes against states have been decided by the Supreme Court

In many cases, specific provisions of laws have been struck down because individuals have attempted to sue states. The Court ruled that the state sovereignty provisions of the 11th Amendment protects the state against these lawsuits.

Eleventh Amendment

Thirteenth, Fourteenth, and Fifteenth Amendments

These three were amendments adopted as a result of the Civil War The 13th (1865) abolishes slavery The 14th (1868) defines citizenship, forbids the state

from denying its citizens the rights guaranteed by the Constitution, equal protection under the law, and due process of life, liberty, and property.

The 15th (1870) gives the right to vote to former slaves and prohibits the states from denying the right to vote based on race.

Thirteenth, Fourteenth, and Fifteenth Amendments

Original intent of the 14th was to provide equal protection for the freed slaves and give Congress the ability to pass legislation to support this goal

Congress passed Civil Rights Act of 1875, which prohibited discrimination in public accommodations. The Supreme Court ruled that this legislation was unconstitutional. Cannot prohibit individual conduct only the conduct of states.

States passed Black Codes and Jim Crow laws establishing segregation doctrine for the former slaves

The 14th amendment protections were extended to non-citizen immigrants in the 1880s

The 14th due process provisions were not applied to the states until the 1920s through the process of selective incorporation.

14th Amendment principles

Selective incorporation is defined as the Supreme Court using the due process clause of the 14th amendment to apply the Bill of Rights to the states.

The Court interpreted that only the “fundamental” rights of the Bill of Rights would apply to the states.

Gitlow v. New York (1925) was the first case the Supreme Court decided that applied the 1st amendment to the states.

Wolf v. Colorado (1949) applied the 14th amendment to the states

Mapp v. Ohio (1961), Gideon v. Wainwright (1963), and Miranda v. Arizona further extended the Bill of Rights to the states by guaranteeing specific rights.

Selective Incorporation of the Bill of Rights

Facts: Dred Scott was a slave who was taken to a free state that was made free as a result of the Missouri Compromise. He claimed that he was no longer a slave as a result of the fact that he lived in a free state.

Issue: Whether Scott was a slave because he was living in a free territory

Decision and significance: Roger Taney, writing the majority decision, ruled that Scott was a slave because he did not enjoy protections guaranteed to citizens in Article III of the constitution and that slaves were property

The Court also ruled that the Missouri Compromise was unconstitutional. This ruling became a catalyst for the start of the Civil War

Dred Scott v. Sanford1856

Facts: Homer Plessy challenged a Louisiana state law that banned blacks from the first-class section in a train. Even though Plessy had only “10 percent” African-American ancestry, he was denied a first class ticket.

Issue: Whether the Fourteenth Amendment’s equal protection clause made Louisiana’s law unconstitutional

Decision and significance: the Supreme Court ruled that the law was valid because the law did not violate the equal protection clause since Louisiana was providing separate but equal accommodations

The significance of this decision was that the “separate but equal” doctrine became the acceptable treatment for African-Americans

Plessy v. Ferguson1896

African Americans had to fight segregation resulting from Jim Crow Laws and the Supreme Court decision in Plessy v. Ferguson

The equal protection clause of the 14th was the constitutional argument used in court cases

President Truman sent a signal that segregation was wrong when he ordered the Army to integrate in 1948.

The 1950s saw African Americans participate in civil disobedience. The Supreme Court changed the course of the civil rights movement in the landmark case Brown v. Board of Education in 1954. Rosa Parks refused to sit in the back of a bus in 1955, an act of defiance that triggered the civil rights movement.

Congress responded to the call by the Reverend Martin Luther King at the 1963 March on Washington by passing the historic Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Civil Rights for African Americans

Facts: Linda Brown was refused admission to an all-white school because the Topeka Board of Education made the case that the school she was attending had separate but equal facilities. Thurgood Marshall, a lawyer for the NAACP (National Association for the Advancement of Colored People) argued the case for Brown

Issue: Whether Topeka’s segregation policies violated the 14th Amendment’s equal protection clause

Decision: In a landmark unanimous decision, the Supreme Court ruled that “separate but equal was inherently unequal” It ordered an end to school segregation “with all deliberate speed.”

Significance: even though the Court ordered an end to school segregation, the change to integration took decades.

Brown v. Board of Education of Topeka, Kansas1954

De facto segregation is segregation of schools, housing, and other facilities through circumstance not as a result of law

De facto segregation is not illegal. However, Congress has passed legislation such as the Civil Rights Act of 1964 and the courts have made rulings that made aspects of this practice illegal.

De jure segregation is segregation resulting from laws passed by state governments such as Jim Crow laws and decisions made by the Supreme Court such as Plessy v. Ferguson

De jure segregation is illegal as a result of laws passed by Congress and court decisions.

De facto and De jure Segregation

Became the main spokesperson for the civil rights movement in the 1950s and 1960s, advocating civil disobedience as the means to achieve the goals

Led Montgomery Bus boycott in 1955 Founded the Southern Christian Leadership Conference

in 1957; named the first president of the conference Led the March on Washington in 1963 and gave the

famous “I have a dream” speech before hundreds of thousands of marchers.

Named the winner of the Nobel Peace Prize in 1964 Led a voting rights demonstration in Selma, Alabama in

1965 Was assassinated in 1968 in Memphis, Tennessee by

James Earl Ray

Martin Luther King Jr.1929-1968

Sent to Congress by John F. Kennedy after the March on Washington

Signed into law by Lyndon Johnson after a Senate filibuster

Made discrimination in public accommodations such as hotels and restaurants illegal based on race, religion, or national origin

Made discrimination in employment illegal based on race, religion, or national origin

Created the Equal Employment Opportunity Commission (EEOC) that had the responsibility of reporting and investigating complaints of job discrimination.

Title VII of the Act made discrimination against women illegal

Civil Rights Act of 19641964

Facts: the Heart of Atlanta Motel was located just off an interstate highway running through Atlanta. The motel owner refused to abide by the provisions of the civil Rights Act of 1964 and would not allow African-American patrons.

Issue: Whether the Congress had the authority to pass the Civil Rights Act of 1964 by using the elastic clause of the Constitution that expanded the interpretation of the interstate commerce.

Decision: The Supreme Court ruled that the motel owner violated the Civil Rights Act of 1964 and that the act itself was constitutional.

Significance: the Court in its decision upheld the act on the basis of Congress’s authority to regulate interstate commerce- “in relation to the interstate flow of goods and people”

Heart of Atlanta Motel v. United States1964

24th Amendment1964

Southern states had passed laws such as poll taxes and literacy tests that resulted in minorities not being able to vote.

In 1964 there were almost three million African-Americans who were not registered to vote in 11 southern states

The 24th amendment to the US Constitution banned all poll taxes in federal primary and general elections

As a result of this amendment, Congress began its oversight into attempts to block African-Americans from voting

24th Amendment1964

Gave the attorney general the power to determine which states were in violation of discriminating against African American voters

If a state had fewer than half the eligible voters registered, the attorney general could send in federal officials to facilitate voter registration

As a result of this act, African-American voter registration more than doubled in the South in the first 5 yrs. of the act

The act was challenged and ruled constitutional by the Supreme court

The act’s provisions were used to challenge “majority-minority” redistricting that resulted when state legislatures drew congressional districts that were gerrymandered in favor of minority groups.

Voting Rights Act of 1965

Equal Opportunity Act of 1964 gave funding for education and work training to fight poverty; part of President Lyndon Johnson’s Great Society program

The Fair Housing Act of 1968 banned discrimination in housing based on race

The Civil Rights Act of 1991 strengthened the Civil Rights Act of 1964 by providing damages to individuals employed who were intentionally discriminated against

The Disaster Relief and Emergency Assistance Act of 1988 bans discrimination in federal funding in relief operations.

Key Civil Rights Legislation

Affirmative Action is giving equal opportunity to individuals to attend schools, obtain employment, and housing that were denied as a result of race

The theory behind affirmative action programs is that the government is creating a level playing field and making up for past inequities

A goal of affirmative action programs is the creation of diversity in society

Affirmative action programs can be race-based but cannot utilize quotas to achieve its goals

Originally, affirmative action programs were aimed at African-Americans but they were later expanded to include other minority groups.

Affirmative Action

Facts: Alan Bakke, a white student, applied to admission in the University of California’s medical school. His scores on the admission tests were not high enough to get admitted but higher than the standard used by the school to accept a quota of minority students. Bakke claimed that there was reverse discrimination

Issue: whether the 14th amendment’s equal protection clause applied to Bakke even though he was not part of a minority. Whether the practice of setting aside 18 percent of its seats for minority students was constitutional

Decision: The Supreme Court ruled that Bakke should have been admitted to the school. The Court also decided that quotas were constitutional but that race could be used as a factor for admission to colleges and universities.

Regents of the University of California v. Blakke1978

Green v. County School Board of Kent County, Va. (1968) required affirmative action program to achieve school integration

City of Richmond v. JA Croson Co. (1989) struck down a Richmond, VA affirmative action program because the state did not show “compelling interest” in creating one

Metro Broadcasting Inc. v. FCC upheld the FCC’s decision to award a broadcasting license to a minority group in order to create diversity

Gratz v. Bollinger, Grutter v. Bollinger (2003) the Court upheld the Bakke principle of race-based affirmative action by striking down the undergraduate admissions program at the University of Michigan undergraduate school in Gratz and upholding the graduate program at the University of Michigan Law School.

Key Affirmative Action Supreme Court Decisions

Women were not originally given political equality in the US constitution

In 1848, at the Seneca Falls convention, Elizabeth Cady Stanton led the fight for political suffrage through The Declaration of Sentiments and Resolutions

The 19th amendment (1920) gave women the right to vote Women achieved more equality in the workplace during World

War II as illustrated by the “Rosie the Riveter” poster Equal pay has been an ongoing struggle for women attempting

to break through what has been called “the glass ceiling.” The ratification of the Equal Rights Amendment to the

Constitution failed. Congress passed Title IX of the Education Act of 1972, creating

more equity in federally funded education programs and the Equal Pay Act of 1973

Civil Rights for Women

The 19th amendment gives women the right to vote and gives Congress the authority to pass legislation to enforce this

Women have become a major voting bloc since they received the right to vote. More women than men vote in presidential elections

There has been a “gender gap” in the support of presidential candidates with more women than men supporting Democratic candidates

Females candidates for political office have also increased since 1920 with a dramatic increase taking place after 1992

19th Amendment1920

The amendment’s goal was to establish a constitutional guarantee of equality for women similar to the original intent of the 14th amendment ‘s equal protection clause that gave equality to African-Americans

The House passed the amendment in 1971 and the Senate ratified it in 1972. It then was sent to the state legislatures where the amendment needed 3/4ths of the states to pass it by 1982

The National Organization of Women (NOW) was one the primary interest groups urging adoption

Opponents claimed that the amendment was unnecessary because the 14th amendment had provisions that gave equal protection to citizens

The Equal Rights Amendment failed by three states

Equal Rights Amendment1972

Act provided that there could not be discrimination based on gender in any federally funded program

As a result of Title IX there became parity between men and women in high school and college athletic and curricular programs.

School systems had to appoint a Title IX coordinator to endure enforcement of the regulations

School systems had to conduct a self-evaluation and correct any inequities that existed in their programs

Due to Title IX, there have been major advances made by women in athletics and in achieving higher educational degrees.

Title IX of the Education Amendments of 1972

“breaking the glass ceiling” refers to women and minorities being able to break through what are considered unofficial barriers in business, the workplace, politics, and society

Historically, women have not been given positions such as chief executive officers. They have not been given positions on Board of Directors and have earned less money than men working in the same job.

Over the past 20 years there have been major gains made by women as corporate officers, business owners, and elective office holders.

Glass Ceiling

1996 Facts: The Virginia Military Institute (VMI), a state supported

school receiving federal funds, had a male only admissions policy. The U.S., on behalf of women applicants, brought suit against Virginia because women were forced to attend an all-female school, the Virginia Women’s Institute for Leadership.

Issue: Did VMI’s admission policy violate the 14th amendment’s equal protection clause?

Decision: Ruth Bader Ginsburg wrote the majority decision ruling that the school’s female policy was discriminatory and that VMI had to accept women to their school.

Significance: The decision further broadened the 14th amendment’s equal protection clause

U.S. v. Virginia

People having disabilities make up 20% of the American population

They include people having physical, mental, and emotional disabilities

The GI Bill of Rights (1944) and the Education of All Handicapped Children Act (1975), now called the Individuals with Disabilities Education Act, provided protection for returning disabled soldiers and disabled children attending schools

The landmark Americans with Disabilities Act (1990) had 63 Senate co-sponsors including wounded veterans Bob Dole, John Kerry, and John McCain

Civil Rights for People with Disabilities

1990 Defined disability as “a physical or mental impairment that

substantially limits one or more major life activities” Required employees, schools, transportation systems, public

buildings to reasonably accommodate the physical needs of handicapped individuals by providing such things as ramps, elevators, and other appropriate accommodations

Made it illegal for employers to discriminate against the handicapped requiring employers to protect the rights of the disabled by providing accommodations for those workers

The Equal Employment Opportunity Commission enforces the law Law had generated litigation (lawsuits) against employers and

municipalities regarding what accommodations must be made to the disabled

States have had to provide funding to make public accommodations available

Americans with Disabilities Act

Gay Americans have fought for equal protections under the law through legislation in Congress and state legislatures and through court fights and they have been elected to state and national offices

Bowersv. Hardwick (1993)

Civil Rights for Gay Americans