Civil Rights

If injustice exists in one area of the United States, it can act as a poison, spreading to other areas throughout the country and going out of control. Any injustice that is tolerated could only result in additions to violations of other rights in the future.

"Injustice anywhere is a threat to justice everywhere" is one of King's most famous quotes. According to "Letter from Birmingham Jail", what does this mean for people who have ignored the issues in Birmingham?

Plessy v. Ferguson

A 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Korematsu v. United States

A 1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II.

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race. Race could be used as one part of the admission process, but it could not be the only part

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." In other words, gender discrimination in education and athletics was outlawed

Equal Rights Amendment

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Despite public support, the amendment failed to acquire the necessary support from three-fourths of the state legislatures

Letter from Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation, in which he spoke out against segregation and stressed the importance of equality for all citizens, regardless of their race or any other differences

Affirmative Action

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination

A just law directly relates with the moral law, based on morals, and the law of God, uplifting human personality. Unjust laws, on the other hands, are "out of harmony with the moral law" and "degrade human personality".

According to "Letter from Birmingham Jail", King describes two types of law, just and unjust. How does he define each?

King claims that "anyone who lives inside the United States can never be considered an outsider", meaning that all people in the United States must be equal regardless of race, and there are no legitimate reasons saying otherwise.

According to "Letter from Birmingham Jail", how does King answer the charge of being an outsider?

King's organization invited him to go to Birmingham, a city with lots of injustice and a highly segregated area, and protest. King claimed that he had "organizational ties" there.

According to "Letter from Birmingham Jail", what were King's reasons for being in Birmingham?

Being extreme does not always have a negative connotation, and in some cases, extremism is highly necessary in order to fight for what is right.

According to "Letter from Birmingham Jail", why does King welcome the label extremist?

Arbitrary (e.g., cannot focus on skin color, religion, etc.) must not occur, but age classification is permitted.

According to the 14th Amendment, laws that classify people must NOT be what? What kind of classification is allowed?

Civil Disobedience

Active, but nonviolent, refusal to comply with laws or governmental policies that are morally objectionable, while accepting the consequences of violating these laws

Civil Rights Act of 1964

Banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

A wise person must uphold their views in a peaceful and nonviolent way, never allowing the world to taint what they have always believed and what they know is right.

Based on "Letter from Birmingham Jail", what is King's view of the proper response of a wise person to a corrupt world?

Race, national origin, religion, and sex

Civil rights protect individuals from discrimination based on what types of characteristics?

The Jim Crow laws were passed, which legalized segregation, allowing private businesses and individuals to discriminate

Despite the passing of the 14th Amendment, what laws were also passed and what did they do?

24th Amendment

Eliminated the poll tax as a prerequisite to vote in federal elections

19th Amendment

Gave women the right to vote

15th Amendment

Granted African American men the right to vote

14th Amendment

Granted citizenship to African Americans

Voting Rights Act of 1965

Guaranteed that the government could not deny an individual the right to vote based on race or color; literacy tests made illegal

SCOTUS developed three levels of scrutiny (called standards of review)

How do the courts determine whether a classification in a law or regulation is permissible or violates the equal protection clause of the 14th Amendment?

Any "physical or mental impairment that substantially limits one or more of the major life activities of the individual".

How does the ADA define disability?

Obergefell v. Hodges (2015)

In a 5-4 decision the Supreme Court held that the 14th Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage of the same sex when their marriage was lawfully licensed and performed out-of-state. In other words, the right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment

Most classifications must only be reasonable (must have some rational relationship to some legitimate governmental purpose)

In order to pass the constitutional standard of review, what must happen?

King argues that the idea of waiting only leads to the chance of injustice only continuing for years to come, the "wait" becoming "never".

King's letter is a response to white moderates asking him to give the City of Birmingham time to act rather than engaging in nonviolent resistance. What case does he make against waiting?

Americans with Disabilities Act (ADA)

Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities. All facilities must make "reasonable accommodations"

13th Amendment

Outlawed slavery, ratified after the Union won the Civil War

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

De jure segregation

Segregation mandated by law

De facto segregation

Segregation mandated by practice

Dred Scott v. Sanford

Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens

Equal Protection Clause

The 14th amendment clause stating that no state shall "deny to any person within its jurisdiction the equal protection of the laws"

Separate But Equal Doctrine

The doctrine established in Plessy v. Ferguson (1896) declaring that separate but equal facilities for whites and nonwhites did not violate the 14th Amendment's equal protection clause

Title VII

The section of the Civil Rights Act of 1964 that prohibits discrimination in employment on the basis of gender

Proving that such classifications are not reasonable but arbitrary (unconstitutional)

Those who challenge classifications have the burden of what?

1. Equal rights does NOT translate to equal results or equal rewards 2. Equality of opportunity is typically favored by American society

What are the different conceptions of equality in the United States?

Strict scrutiny, heightened scrutiny, and ordinary scrutiny

What are the three tests the courts use to determine when unequal treatment is legal?

Denial of equal protection of the laws

What does the 14th Amendment forbid?

An 1896 Supreme Court decision, Plessy v. Ferguson, had declared "separate but equal" Jim Crow segregation legal. As a result, as long as "equal" accommodations were supplied for African Americans, the races could, legally, be separated. Linda Brown, a third grader, was required by law to attend a school for black children that required her to walk six blocks, cross dangerous railroad tracks, and board a bus that took her to Monroe Elementary. Her father sued the Topeka school district.

What events led to Brown v. Board of Education?

Yes, the idea of segregated schooling violated the 14th Amendment's guarantee of equal protection of law. The Supreme Court agreed that separate educational facilities were "inherently unequal", and schools must be integrated "with all deliberate speed".

What was the Supreme Court's ruling in Brown v. Board of Education?

Does the segregation of public education based solely on race violate the Equal Protection Clause of the 14th Amendment?

What was the constitutional question/issue involved with Brown v. Board of Education?

The 14th Amendment

Where is the only place in the Constitution where equality is mentioned?

The equal protection and due process clauses

Which two clauses of the 14th Amendment protect individuals from civil rights violations?

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated

Equal Pay Act

1963 law that prohibited employers from paying women less than men were paid for the same job