Unit 3

Objectives 30d 30e 30f

14th Amendment• No state shall make or enforce any

law that shall abridge the privileges or immunities of the citizens of the U.S. nor shall any state deprive any person of life, liberty, or property without due process of law nor deny any person within it’s jurisdiction the equal protection of the laws.

Plessy v. Ferguson 1896• Herman Plessy argued that his right to

“equal protection of the laws” was violated due to required separated seating for whites and African Americans.

• The court held that segregation was permitted if the facilities were equal.

• Segregated public facilities were permitted until Plessy was overturned by Brown v. Board of Education case.

Brown V. Board of Education• 1954• Linda Brown a ten year old Topeka

girl was not permitted to attend her neighborhood school because she was African American

• The court ruled it was in violation with the equal protection clause. And said “segregation is a denial of equal protection of the laws”

Regents of U of C v. Bakke• 1978• Allen Bakke, a white male, was denied

admission to the University of California's medical school. The school had set aside 16 of the 100 seats to non-white students.

• Bakke sued for reverse discrimination and the court ruled that Bakke should have been admitted to the school.

Regents of U of C v. Bakke (con't)• A 5-4 majority vote made a far

more reaching ruling• The Constitution does not allow

race as the only factor in affirmative action decisions but the Constitution does allow its use as one among several factors in a situation

Due Process of Law

• Protection against the arbitrary taking of life, liberty, or property.

• 5th amendment declares that the federal gov’t cannot deprive any person of life, liberty, or property.

• The 14th amendment places the same restriction on the states and most importantly local governments.

Due Process of law (con’t)

• The Supreme Court purposely refuses to give the “due process of law” an exact definition because it should be defined on a case by case basis.

• The court first described this approach in Davidson v. New Orleans.

Civil Rights Act of 1964• Provides that no person may be

denied access to or refused service in “various Accommodations” on the grounds of race, color, religion…

• Prohibits discrimination against any person on grounds of race, color, religion… in any program that receives federal funding; requires the cut-off of federal funds to any program that practices such discrimination

Civil Rights Act of 1964 (con’t)

• Forbids employers and labor unions to discriminate against any person on grounds of race, color, religion, age… in job related matters.

Civil Rights Act of 1964

• Outlaws discrimination in several areas, especially in job related matters.

• It’s most important section forbids the use of voter registration or literacy requirements in an unfair or discriminatory manner.

• It relied on judicial action to overcome racial barriers and emphasized the use of federal court orders called injunctions.

Americans with disabilities act of 1990

• Based on the Interstate commerce powers of Congress.

• Prohibits discrimination against the physically impaired.

“Follow the Money!!!!”

©oach Moore 2008

Don't Mess Wuid Da Mojo!!!