Equal Protection clause

14th amendment plessy

segregation is ok under equal protection clause (legal equality)

Gender

title ix

Three part Miliken test

used in jenkins 1. Scope of the remedy must equal the violation 2. The remedy must be remedial in nature ( has to cure problem). 3. take into account that state and local authorities can fix their own problems.

NAACP role in ending sereation

worked to desegregate schools and eventually got black families into white schools (little rock 9).

Dusabilities

Americans with disabilities act. Individuals with disabilities education act

14th's amendment specific command to the states

" Nor shall any state deny any person with jurisdiction the equal protection of its laws".

Equal protection clause of the 14th amendment is meant to protect against...

"Similarly Situated" people being treated differently.

Yes, you can segregate/ treat differently based on...

-Academics -Sometimes gender (bathroom)

Not ok to segregate based on

-Alianage -Homo sexuality ( debated). -Race - Nationality

Tests

1. Strict scrutiny. 2. Intermediate scrutiny 3. Rational Basis test

Robert vs. City of Boston:

1849 denied the right to enroll their children in certain schools (st case after plessy challenged it).

Dredd Scott

1st case on different treatment. - Slavery is ok and constitutional

Civil War Amendments

2nd thing that happened (after Dredd Scott). 13th, 14th, 15th

Plessy vs. Furuson

3rd thing that happened after the civil war amendments - 1st to determine equal protection of law. - Legal equality not social equality. - separate but equal - Constitution only requires legal equality. Not meant to make people get along. -Triggered people to fight against it for 60+ years

Brown vs. Board of Ed

4th thing that happened after plessy. -Social equality at least in public schools. - Fist time in 1954 the supreme court ruled separate was inherently unequal and separation would always hurt one side (badge of inferiority). -Led to where we are today

"All deliberate speed

Allows those apposed to avoid complying (integration protests). Had to do it but not by any certain time so they just didn't do it.

13th Amendment

Ended slavery and " involuntary servitude"

Separate but equal Plessy

Equal and constitutional as long as they as both races gets an equal facility.

15th amendment

Forced states to give former slaves right to vote ( Jim Crow Laws worked against this adding restrictions to voting).

14th Amendment (1868)

Forced states to give former slaves.... - citizenship - Due process of law ( fair procedure) - equal protection of law Have a right to life, liberty, and property and without due process it can't be taken from a citizen.

Brown

In the field of public education, the doctrine of "separate but equal" has no place. Separate but equal education facilities are inherently unequal (intangible equality).

14th amendment caused what?

Incorporation. Triggered by different treatment (some ok some not).

Separate but equal Brown

Inherently unequal due to the badge of inferiority and intangible factors.

Disegrative attractiveness

Jenkins

Jim Crow

Laws that discriminated against blacks (ration segregation). First as in 1890 with the separate car act. (AJohn) , Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights

Thurgood Marshall

Lawyer and justice that led for the NAACP. believed separate as not equal and led council for plaintiffs. goal as to improve legal and social position of minorities.

Tangible factors plessy

Looked only at the tangible factors that could be measured. They both had equal schools to it as constitutional and didn't look past that. 14th amendment to meant to have absolute equality of races just legal depending on history, usage, ho, and causation.

Dr. Terrence Roerts

Member of little rock 9(kid). Learned people go through great lenths to make thins right.

Strict Scrutiny

NEVER allowed. test: Strict scrutiny based on, Race, alieanage, nationality end/ importance: compelling interest of state. means/ how/ law: So narrowly tailored there is no less discriminatory way than the la/ action.

Separate car act

Part of plessy. Broken by homer when he sat in an all white's cart.

brown bage of inferiority

Separation effects the way you see yourself and the way others think of you. Takes away the race's educational motivation and makes them feel like an inferior minority. ( Pretty white dolly example).

Constitution protects

Race, alianage, nationality, (gender).

Intermediate Scrutiny

SOMETIMES allowed. Test: Intermediate scrutiny based on gender. end/ how important: Important interest Means/ how-law: Substantially Related (51%). Better than most.

Equal protection clause violation

Similarly situated people are being treated differently.

14th amendment brown

Social equality

Political/ law equality

Stated in a law. Equal through the government and capable of running for a position of power and authority.

Rational basis test

Test: Rational basis test based on related bias. End/ how important: Rational interest (weight, hair color). Means/ how-law: Rationally all other distinctions.

Plessy

The 14th amendment as only meant to create legal equality. As long as the state provides separate, but essentially equal facilities, the 14th amendment, equal protection, is satisfied (tangible equality).

Social Equality

The environment and how the people around you precede you. Don they see you as an equal?

Effect of the segreation

Used in Brown. Used to decided if plaintiff was deprived of equal protection of the law.

Tangible factors Brown

You cant't turn on the comparison of tangible factors in a " Nero and white school. Must look at the effect". Ability to participate in class discussions, learn about professions, ect. Plaintiffs denied equal protection.

RACE

affirmative action, quotas. - set aside civil rights of 1964, 1991. 5 civil rights acts to force private people to treat everyone equal ,

plessy bage of inferiority

claimed that separate but equal as a bade of inferiority but claim as rejected because they had equal facilities ( you caused it on yourself).

AGE

discrimination in employment act, title vii (can't be discriminated against age unless safety hazard).