Equal Protection clause of the 14th amendment:



Civil Rights

Civil Rights- Policies designed to protect people against arbitrary or discriminatory treatment by gov’t or public institutions.

* Equal Protection clause of the 14th amendment:

Applies only to the action of governments or public institutions.

Private citizen acts of discrimination do not violate constitutional protection, but may violate statutory law.

Constitution prohibits unreasonable classification of people. Must be a reasonable connection between classifying people and legitimate government goals.

Ex…

-Driving Age

-Drinking Age

-Voting

-Firearm Permits

3 Tests for Demographic Classification to be deemed unconstitutional:

-Rational Basis - Burden of proof on those opposing law

-Strict Scrutiny (suspect) – compelling public interest in classification

- Applied to class of people subjected in past to unequal treatment (affirmative action)

o Burden of proof on the government

-Heightened Scrutiny: classification serves important gov’t objectives

o Burden of proof on the gov’t

o Reed v Reed (1971) first time gender laws were declared unconstitutional

NOTE: poverty and age are not generally suspect classes

- Strict scrutiny is applied to fundamental rights.

Rights explicitly or implicitly guaranteed by the constitution

Brown v Brd of Ed 1954

Segregated schools violate “equal protection clause” of 14th amendment

*14th amendment guarantees equal laws, not equal results

- Discriminatory intent by government must be shown

Disparate impact not enough to violate the constitution

Statutory law can go beyond constitutional protections regarding private behavior/action and/or state and local governments

1964 Civil Rights Act;

- Racial discrimination illegal in hotels, restaurants and public facilities.

- No discrimination in employment on the basis of race, color, national origin, religion or gender.

Authority to set rules on public accommodation comes from INTERSTATE COMMERCE clause.

Age Discrimination in Employment Act 1967

- 40+

Americans with Disabilities Act 1973 and 1990

- Accommodation

Women

- 19th Amendment

- 1963 Equal Pay Act

- 1964 Civil Rights Act

- Nat’l Organization for Women (NOW)

o Advocate

- Title IX Education Act 1972

o Lose Fed gov’t funding if no equal access

Voting Rights:

- Reserved power (10th amendment) to states to regulate elections and voting qualifications

- Congress has authority to supersede states

Constitution only requires:

- Date for selection of Electoral College

- Set age qualifications

- Residency requirements for elections to

National office

▪ Uniform day for national elections:

1st Tuesday after the 1st Monday in Nov.

Amendments on Voting that restrict states:

-14th: Qualifications to vote must be reasonably related to voting

-15th: Race Discrimination

-17th: Direct Election senators

-19th: Gender Discrimination

-24th: Poll taxes out

-26th: 18 years old to vote

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Voting Rights Act 1965:

- Federal government steps in to run state elections in states with a history of “diluting” or denying African Americans and Hispanics the right to vote

Shaw v. Reno 1993

-Majority-minority districts are not appropriate if sole agenda is race

-States must provide for districts roughly proportional to the minority voters respective shares in the voting age population

De Jure (By law) v De Facto (circumstance) Segregation

-Busing 1970s …Boston

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Affirmative Action-

Gov’t remedies intended to overcome the consequences of past discrimination:

-African Americans

-Hispanics

-Native Americans

-Women

-Handicapped

Implementation of programs has been controversial due to reverse discrimination impact

Landmark Affirmative Action Supreme Court Cases:

University of California Regents v Bakke (1978)

-Affirmative Action not necessarily unconstitutional

- No to quotas

Grutter v Bollinger 2003

Race/underrepresentation can be considered…No quotas

Affirmative Action still ok

Gratz v Bollinger 2003

No to automatic points for race/minority status.

Same as having Quotas

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