Chapter 5

Guarantees by the government that it will treat people equally, especially groups historically denied rights or opportunities.

The Fifth Amendment's due process clause and the Fourteenth Amendment's equal protection clause ensure equal treatment under the law.

The courts use specific standards to determine if a discriminatory law or regulation violates the Constitution.

Is there unequal treatment based on group membership? Is the unequal treatment justified? Does the unequal treatment violate the Constitution?

The Declaration of Independence states that all people are created equal, and the Constitution aims to ensure this equality through various provisions.

The government can treat people differently if there is a good reason related to public safety or other important government interests. For example, laws requiring drivers to pass tests before getting a license are allowed even though they make people who haven't passed the test different.

This test asks if there's a reasonable connection between the government's goal and the way it treats a particular group. If the connection exists, the different treatment is usually allowed.

Laws that treat men and women differently are examined more closely by the courts. The government has to show that the different treatment is "substantially related" to an important reason for doing so.

The Equal Protection Clause of the 14th Amendment states that the government must apply laws equally to all people. This means the government can't treat people differently without a good reason.

Civil liberties limit the government's power to ensure our freedom. For example, the 8th Amendment stops the government from using cruel punishments on those convicted of crimes. This is a limit on the power of judges, police, and lawmakers.

The legal standard used by courts to review laws and government actions that might be discriminatory, requiring the government to prove a compelling interest, narrow tailoring, and the least restrictive means to achieve that interest.

Government policies and programs designed to benefit members of historically disadvantaged groups, often intended to address past discrimination.

Laws passed in the Southern states after the Civil War aimed at limiting the rights of formerly enslaved people, reducing them to a near-servant class.

The constitutional amendment ensuring equal protection under the law for all citizens, which has been used to address a wide range of discrimination issues.

Laws designed to ensure the right to vote for Black men, passed after the Civil War during the Reconstruction era.

A term used in the Declaration of Independence that argues all people are created equal, but contradicts the reality of slavery in the US.

The idea that slavery should be confined to the South and not allowed to expand into western territories, out of fear of Southern political dominance.

The Supreme Court ruling in 1857 which declared that Black people, whether free or enslaved, were not considered U.S. citizens, thus limiting their rights.

The document signed by President Lincoln in 1863, which freed enslaved people in Confederate states that had rebelled. This freed few enslaved people in practice due to limited Union troops.

The period after the Civil War, from 1865 to 1877, focused on rebuilding the South and reorganizing state governments. It saw the passage of the 13th, 14th, and 15th amendments, aimed at abolishing slavery and providing equal rights.

The practice of deliberately making it difficult or impossible for Black people to register to vote, particularly in the South after Reconstruction.

A test used to determine a voter's ability to read and understand a passage of text, often with biased administration, making it difficult for Black Americans to pass.

A loophole used in some Southern states allowing white people who were eligible to vote before the Civil War to bypass literacy tests, while Black Americans were denied that exemption.

An annual tax that had to be paid to register to vote, disproportionately affecting Black Americans who were usually poorer than white voters.

Primary elections in which only white people were allowed to vote, used to ensure that the influence of Black voters in the South was minimized.

The strategy used by the restored Southern state governments to disenfranchise Black voters, even after the Reconstruction Era, was to hold primary elections where only White citizens could vote. Then, a White candidate, likely selected in the primary, was essentially assured victory in the general election because White voters had already agreed to support the primary winner.

The South's 'separate but equal' doctrine maintained racial segregation in public places, such as schools, parks, and transportation. This doctrine, upheld in Plessy v. Ferguson (1896), justified separate facilities for White and Black people as long as they were 'equal,' though this rarely happened in practice.

A collection of discriminatory laws, known as Jim Crow laws, were passed in the South to segregate and disenfranchise Black people after Reconstruction. These laws included segregation in public spaces, disbarment from juries, and forced labor for 'idle' Black citizens.

The NAACP (National Association for the Advancement of Colored People), initially formed with White liberal dominance, later became led by Black people in the 1920s. It aimed to dismantle Jim Crow laws through legal battles, particularly focusing on challenging segregation in education, leading to more educational opportunities for Black people.

The landmark Brown v. Board of Education (1954) case overturned Plessy v. Ferguson, declaring 'separate but equal' in public education to be 'inherently unequal'. This decision, though controversial and met with resistance, marked a significant step toward the desegregation of public schools.

In the South, the end of de jure segregation (segregation mandated by law) didn't lead to the end of segregation in schools. In many places, Whites created private academies to keep their children separate from Black students. Even today, many of these private academies remain overwhelmingly White.

To oppose school integration, some states chose "massive resistance" by closing public schools. This strategy caused schools to be shut down for years, significantly impacting education for students in those communities.

In some Northern cities, even though there were no laws requiring segregation, neighborhoods and schools remained segregated due to practices like redlining, which prevented minorities from living and buying property in certain areas. Restrictive covenants, agreements that prevented certain minority groups from buying homes, further reinforced this de facto segregation.

Activists and parents challenged segregation in New York. A court case found that the city was engaging in de facto segregation, forcing them to implement policies aimed at equal access to education.

The practice of denying loans or services to people in certain neighborhoods or groups (like people of color) based on their race or location is known as redlining. This practice, which often involves institutions like banks, has a significant negative impact on minority communities.

The Civil Rights Act of 1964 made it illegal for businesses open to the public, like hotels and restaurants, to discriminate based on race, ethnicity, religion, sex, or national origin, and extended this protection to employment.

This act outlawed discrimination by employers on the basis of race, ethnicity, religion, sex, or national origin and created the Equal Employment Opportunity Commission (EEOC) to investigate and enforce these provisions.

The Voting Rights Act of 1965 went beyond earlier laws, requiring greater federal oversight of elections by banning literacy tests and other tactics used to prevent African Americans from voting.

The Voting Rights Act led to a significant increase in Black voter registration, but the Supreme Court's decision in Shelby County v. Holder (2013) weakened its key provision, allowing states to change voting laws without federal oversight, leading to new restrictions on voting.

Malcolm X and groups like the Black Panthers believed in more immediate action to tackle White oppression, emphasizing Black empowerment and self-determination rather than gradual change through laws or peaceful protests.