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AP US Government
September 27, 2015
Chapter 5 Outline: Equal Rights
I.
Intro
Both ABC televisions Primetime Live and Urban Institutes
experiments showed that black people were treated significantly
differently because of their skin color despite having similar
credentials
Legally, Americans are supposedly granted the same rights, however,
it wasnt always this way and even now, theyre still not completely
equal
Equal rights, or civil rights, is a term that refers to the right of
every person to equal protection under the laws and equal access to
societys opportunities and public facilities
At the end, three points should be established:
i.
Americans have attained substantial equality under the LAW
ii.
Legal equality for all Americans have not resulted in de facto
equality, meaning many disadvantaged groups are still
receiving disproportionate benefits and opportunities
iii.
Disadvantaged groups have had to struggle for equal rights
Equality Through Law
Equality through the law has not been uncommon as even Jefferson
stated in the Declaration of Independence, all men are created
equal, despite he himself owning a plantation with slaves and having
alleged relations with one
A. The Fourteenth Amendment: Equal Protection
The intention of the fourteenth amendment was to nationalize, to
include into the states, the civil rights granted in the Bill of Rights
through the Incorporation Doctrine
i.
But even after nationalizing the Bill of Rights, the Supreme
Court went back on itself with Palko v. Connecticut, allowing
the state to try an individual a second time which goes against
the double jeopardy clause of the fifth Amendment
The Fourteenth Amendment declared no state shall deny to any
person within its jurisdiction the equal protection of the law and it
has become what is known as the equal-protection clause
i.
The effectiveness of this clause was not seen for over a
century
ii.
Plessy v. Ferguson established a separate but equal society
iii.
Only until 1930 did the Supreme Court respond to legal action
against the notion behind the separate but equal nonsense
allowing blacks to use public facilities reserved for whites
where they are not provided with one
Brown v. Board of Education was a landmark case that was among the
first substantial judicial intervention for segregation
i.
Linda Carol Brown was denied admission to an all-white
elementary school that she passed every day on her way to
her all-black school, much further
ii.
The Supreme Court decided, citing the 14th Amendment, that
racial segregation of public schools generated a feeling of
inferiority of the black status in the community that may
affect their hearts and minds
iii.
This decision was met with fierce opposition of course and
II.
B. The
vi.
the West, further and further, as they expanded and they were
denied citizenship until 1924 so they could not even vote
iii.
In 1972, Native American leaders organized the Trail of
Broken Treaties which journeyed from California to
Washington DC protesting federal policy
iv.
They occupied the Bureau of Indian Affairs and renamed it
Native American Embassy and the occupation only ended
when the government agreed to establish a committee to
investigate their grievances
v.
In 1974, Congress passed legislation that granted Native
Americans living on reservations greater control over federal
programs that affect them
Asians were also subject to cruel treatments when they were sent to
mine and build the railroads that connect America today; however,
when the needed labor declined, the Congress suspended Asian
immigration on the grounds that they were inferior
i.
Asian Americans were not politically active in the Civil Rights
Movement but was extended anyways by the 1964 Act by
policies for minority groups
ii.
Lau v. Nichols (1974), made placing children for whom English
is a second language in regular classrooms in public schools
without special assistance violated Civil Rights Act because it
denied them opportunity to obtain proper education
C. The Voting Rights Act of 1965
While voting rights were technically granted to the black population
with the 15th Amendment, the south rigged the system to make it
increasingly difficult for them to do so including literacy tests and
whites-only primaries
The Supreme Court, in the mid-1940s declared that white-only
primary elections were unconstitutional and the 24th Amendment two
decades later outlawed the poll tax, a fee an individual had to pay in
order to register to vote
The Voting Rights Act of 1965 forbade discrimination in voting and
registration which dramatically increased electoral participation by
African Americans
The act has been renewed many times and one provision included a
requirement of states and localities to clear with federal officials any
electoral change that has effect or reducing voting power of a minority
group
The redrawing of a district in Texass twenty-third congressional
district by Rick Perry was brought to court in 2006
D. The Civil Rights Act of 1968
The Civil Rights of 1968 prohibited discrimination in housing
i.
Building owner cannot refuse to sell or rent house based on
tenants race, religion, ethnicity, or sex
However, legal prohibitions do not reflect the reality as much of these
causes are outside of legal grounds particularly due to income as
many white communities are in wealthier places that most black
families cannot afford
Redliningrefusing to grant mortgage loans to a community usually
based on ethnicitywas prohibited in 1968 but its effects still
continue today
E. Affirmative Action
While the law has tried to ban discrimination based on race, color,
III.
C. Native Americans
Over a million Native Americans live on or close to reservations set
aside for them by the federal government
Preservation of Native American culture has become a policy goal
i.
Children in schools run by the Bureau of Indian Affairs can now
be taught in their native language
ii.
Nevertheless, due to the lack of usage and opportunities,
tribal languages have declined sharply in use
Native Americans have filed suits and reclaimed lost ancestral or