Supreme Court Interpretation of Rights

2.1 – Daily Sheet 1

Video Clip

What can we infer about Malcolm’s characterization of African Americans as illustrated by his example? What does this

dichotomy illustrate? Does it “integrate” or “alienate”?

Do Now

Bill of Rights: 1st 10 Amendments of the US Constitution

Infringe: to do something that does not obey or follow (a rule, law, etc.)

Learning Objective

Equal Protection of the Law How has the Court applied the 14th

Amendment’s equal protection clause to the issue of discrimination?

What is 14th Amendment?

Adopted on July 9, 1868, as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.

Meaning of Equal Protection

Equal Protection: state and local governments cannot draw unreasonable distinctions among different groups of people. 14th Amendment forbids any state to

“deny to any person within its jurisdiction the equal protection of the law.”

Rational Basis Test

Rational Basis Test: A low form of review that determines whether a classification of persons has a rational basis and does not deny equal protection under the Constitution Courts will uphold a state law when the state can

show a good reason for a classification. Wisconsin v. Mitchell (1993): upheld state law

that imposes longer prison sentences for people who commit “hate crimes” (the “good reason” for discriminating against hate criminals was to discourage hate crimes)

Suspect Classification

Suspect Classification: A classification made on the basis of race or national origin. It is “subject to strict judicial scrutiny” Example: Blacks must ride at the back

of the bus

Fundamental Rights

Fundamental Rights: are the right to travel freely between the states, the right to vote, and 1st Amendment Rights The Court will give close scrutiny to

state laws that deal with fundamental rights

Discrimination

Discrimination: individuals treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion It is illegal but sometimes difficult to

prove.

Washington v. Davis (1976) Supreme Court ruled that to prove a

state guilty of discrimination, one must prove that an intent to discriminate motivated the state’s action. 2 African Americans sued Washington DC’s

Police department’s requirement that all recruits pass a verbal ability test. More whites passed than blacks.

“14th Amendment guarantees equal laws, not equal results.”

Struggle for Equal Rights

Racial discrimination: treating members of race differently simply because of race

Segregation: separation of people from the larger social group

Jim Crow Laws: by the 1800s states used these to segregate blacks from whites

Struggle for Equal Rights

Struggle for Equal Rights

Struggle for Equal Rights

Struggle for Equal Rights