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Civil Rights AP U.S. Government and Politics

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Civil Rights Civil rights or equal rights the right of every person to equal protection under the laws and equal access to societys opportunities and public facilities. Throughout American history, disadvantaged groups have rarely achieved a measure of equality without a struggle. The equal-protection clause of the Fourteenth Amendment forbids states to deny equal protection of the laws to any individual within its jurisdiction. After Federal Troops withdrew from the South in 1877, white majorities enacted laws that prohibited blacks from using the same facilities as whites. Plessy v. Ferguson (1896) Supreme Court endorsed these laws through the separate but equal justification.

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Segregation in Schools Substantial intervention finally occurred for African Americans with Brown v. Board of Education of Topeka (1954). Brown overturned Plessy v. Fergusons concept of separate but equal. The decision led to outrage in the south, with some southerners pushing for the impeachment of Chief Justice Earl Warren. 1954 Gallup Poll showed that a sizeable majority of Southern whites were opposed to the Brown decision. Brown v. Board of Education (1955) focused on the implementation of desegregation of public schools. Today, Americas schools are actually becoming less diverse.

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Judicial Tests of Equal Protection The Fourteenth Amendments equal-protection clause doesnt require the government to treat all groups equally in all circumstances. The courts use the reasonable-basis test, which can deem laws that treat individuals unequally constitutional if the purpose of the laws is reasonably related to a legitimate government interest. The strict-scrutiny test eliminates race or ethnicity as a legal classification when it places minority group members at a disadvantage. The Supreme Courts opinion is that race and national origin are suspect classifications, and are unconstitutional.

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The Civil Rights Act of 1964 The Fourteenth Amendment prohibits discrimination by government, but not private employers. The 1964 Civil Rights Act entitles all people to equal access to public accommodations. This legislation also bars discrimination on the basis of race, color, sex, religion, or national organization in hiring, promotion, or wages. A few types of discrimination are still legal under the Civil Rights Act. The black civil rights movement was the main motivation for the Civil Rights Act. The Montgomery bus boycott and the March on Washington for Jobs and Freedom helped accelerate the passing of the Civil Rights Act.

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There was widespread resistance to the Civil Rights Act. Aside from African Americans, women have been the most successful disadvantaged group to gain more rights. Nineteenth Amendment (1920) gave women the right to vote. Equal Pay Act of 1963 prohibits sex discrimination in salary and wages by some employers. Title IX prohibits sex discrimination in education. Hispanics also fought for civil rights. Farm workers strikes led to policy changes, including better wages and working conditions, and a congressional act that requires states to provide bilingual ballots in areas with large numbers of non-English-speaking minorities.

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Native Americans struggled more than other groups to gain civil rights. They were not granted official citizenship until 1924. In 1974, Congress passed legislation that granted native Americans living on reservations greater control over federal programs that affect them. The Indian Bill of Rights gives native Americans living on reservations constitutional guarantees similar to those held by other Americans. Of all minority groups, native Americans have the worst conditions in terms of poverty. Asian Americans also faced a difficult struggle for equality. In 1965, Congress lifted restrictions on Asian immigration. The 1964 Civil Rights Act expanded Asian Americans rights.

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The Voting Rights Act of 1965 The Fifteenth Amendment gave blacks the right to vote, but there were many obstacles for blacks in exercising this right. Poll taxes, literacy tests, and white-only primary elections kept blacks from registering and voting. Poll taxes were outlawed by the 24 th Amendment. The major step toward African American involvement in the political process was the Voting Rights Act of 1965. The Voting Rights Act of 1965 forbids discrimination in voting and registration. It empowered federal agents to register voters and outlawed literacy tests as a registration requirement. It had an immediate impact on black participation, as 20% more blacks voted in the ensuing presidential election.

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Affirmative Action Affirmative action refers to deliberate efforts to provide full and equal opportunities in employment, education, and other areas for members of traditionally disadvantaged groups. It applies only to organizations that receive federal funding. Affirmative action was designed to eliminate de jure discrimination, discrimination that is based on law. Ex: state laws requiring black and white children to attend separate schools. De jure discrimination has been made illegal by Supreme Court decisions. Affirmative action also aims to reduce de facto discrimination, which refers to discrimination that results from social, economic, and cultural biases and conditions.

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Affirmative action is a very controversial topic. Most Americans support programs that give historically disadvantaged Americans equal treatment, but oppose programs that give them preferential treatment. In University of California Regents v. Bakke (1978) the Supreme Court ruled that the school violated the equal protection clause by having a quota for minority admissions. Gratz v. Bollinger (2003) Supreme Court invalidated Michigans undergraduate admissions policy because points were assigned based on race. Bollinger v. Grutter (2003) upheld Michigan's affirmative action policy, which gave preference to minority students because it allowed for educational benefits from having a diverse student body.

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The Continuing Struggle for Equality Although progress has been made toward a more equal America, traditionally disadvantaged groups are still substantially unequal in their daily lives. African Americans In modern America, poverty is a major problem for African Americans. African Americans are more likely than whites to be convicted of crimes. Crime rates are higher among African Americans than other groups. African American children are more likely than others to grow up in a household without both parents present. African Americans have made substantial progress in getting elected to office since the 1960s.

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Women Women have also made substantial gains in the area of appointive and elective offices. Despite this, they are still a long way from political parity. Although many more women have entered the job market in recent decades, they still havent achieved job equality. They make less money than men and have difficulty getting top jobs with their companies. In 1993, Congress passed the Family and Medical Leave Act (FMLA), granting women up to twelve weeks leave when they have a child and allowing them to return to their position. Most single-parent households are headed by women, who struggle to find jobs that pay significantly more than the child-care expenses they incur.

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Native Americans Over 2 million Native Americans live on reservations set aside by the federal government. U.S. policy toward reservations has changed over time. Currently, preservation of Native American culture is a policy goal. Native Americans have filed suit to reclaim their lost lands. In most cases, these suits are unsuccessful. Many tribes have built casinos on their lands to gain revenue. Despite this, their income is far below the national average, their infant mortality rate is high, and their rates of alcoholism and suicide are higher than average. Native Americans are less than half as likely as other Americans to attend college.

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Hispanic Americans Hispanics are the fastest growing minority group in the U.S. A significant number of Hispanics are in the U.S. illegally. Americans are divided on the long-term answer to illegal immigration. Hispanics household income is far below the national average. The number of Hispanics holding office is growing. Hispanics have been elected to state offices in several states, and there are roughly two dozen Hispanics in the House of Representatives. The number of Hispanics in states such as Texas and California will make the group a political force in upcoming years.

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Asian Americans Most Asian Americans live on the West Coast. Asian Americans are an upwardly mobile group. Asian cultures emphasize self-reliance and education. Asian Americans have the highest percentage of two-parent families of all minority groups. Asian Americans account for a disproportionately low amount of top business positions. They are also underrepresented in politics compared to blacks and Hispanics.

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Homosexuals The Civil Rights Act of 1964 did not legally protect homosexuals. Gays and Lesbians have resorted to judicial action to gain equality and protection under the law. In Romer v. Evans (1996), the Supreme Court ruled that people cant be discriminated on based on their sexual orientation. Homosexuals have had some success gaining the rights and privileges afforded to opposite-sex couples. In some states, homosexuals can marry and share health benefits. Same-sex marriages are not currently recognized under federal law.

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Overall, the American public has become more accepting of gay and lesbian relationships. A 2009 CNN Poll has found that younger adults are more supportive of same-sex marriage than older adults are.

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Other Disadvantaged Groups Legislation has been passed to ban discrimination against older workers in hiring, as long as age is not a critical factor for job performance. Age discrimination is not prohibited by the U.S. Constitution. Discrimination against the disabled is also not prohibited by the Constitution. The disabled are protected through statutes including the Americans with Disabilities Act (1990). The law requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment. The Education for All Handicapped Children Act of 1975 required that schools provide all children with a free and appropriate public education, regardless of their disability.

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Equality is a difficult idea in practice because it requires people to shed preconceived notions about how other people think, behave, and feel. Equality has been, and continues to be Americas most elusive ideal.