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Important Subsequent Amendments

• 13th Amendment (1865): Abolished slavery
• 14th Amendment (1868): Provided equal protection and due process, and citizenship rights
• 15th Amendment (1870): Gave Black men the right to vote
• 19th Amendment (1920): Gave women the right to vote
• 24th Amendment (1964): Ended poll taxes in voting
• 26th Amendment (1971): Lowered the voting age to 18

13th Amendment

• Ended slavery in the U.S.
• Prohibits forced labor, except as punishment for a crime
• Was part of the Reconstruction Amendments after the Civil War
• Stopped legal slavery but allowed prison labor

14th Amendment

• Made all people born in the U.S. citizens, including former slaves
• Mandates that laws must treat everyone fairly through the Equal Protection Clause
• States are prohibited from unfairly taking away rights via the Due Process Clause
• Applied the Bill of Rights to the states, known as Selective Incorporation

15th Amendment

• Gave Black men the right to vote
• Banned voting discrimination based on race, color, or past slavery
• States initially used poll taxes and literacy tests to block Black voters
• Was later strengthened by the Voting Rights Act (1965)

What Is the Due Process Clause?

• Found in the 5th and 14th Amendments
• 5th Amendment: Protects against unfair treatment by the federal government
• 14th Amendment: Protects against unfair treatment by state governments
• Guarantees fair trials and legal rights

What Is the Equal Protection Clause?

• Part of the 14th Amendment
• Mandates that laws must treat everyone equally
• Stops discrimination by the government
• Used in civil rights cases, such as Brown v. Board (1954), which ended segregation
• Basis for equal rights protections, including race, gender, and LGBTQ+ rights

Commerce Clause

• Found in Article I, Section 8 of the Constitution
• Gives Congress the power to regulate trade between states, foreign nations, and tribes

Plessy v. Ferguson (1896)

• The Supreme Court ruled that "separate but equal" facilities were constitutional
• Legalized de jure segregation (segregation by law)
• Allowed states to enforce Jim Crow laws, keeping public facilities racially divided

De Jure Segregation

• Segregation enforced by law, such as separate schools, buses, and restrooms
• Plessy v. Ferguson justified de jure segregation
• Brown v. Board ended it in schools

Brown v. Board of Education (1954)

• The Supreme Court declared school segregation unconstitutional under the 14th Amendment
• Overturned Plessy v. Ferguson and led to desegregation efforts
• Marked the beginning of the Civil Rights Movement

What Rights Are Protected by the Civil Rights Act of 1964?

• Ended discrimination based on race, color, religion, sex, or national origin
• Banned segregation in public places like schools, restaurants, and buses
• Prohibited workplace discrimination (Title VII)
• Enforced voting rights by removing barriers for Black voters
• Strengthened federal power to enforce civil rights laws

What Are the Different Discrimination Tests Used by Courts?

• Strict Scrutiny (highest standard)
• Heightened (intermediate) Scrutiny

What Is Strict Scrutiny?

• The toughest test courts use for unfair laws
• Used for cases involving race, religion, and national origin
• The law must serve a compelling government interest
• Be narrowly tailored to achieve that interest
• Use the least restrictive means possible

What Is Heightened Scrutiny?

• A middle-level test courts use for unfair laws
• Used for gender discrimination cases
• The law must have an important reason (important government interest) and be closely related to that reason

What the Court Says About Discrimination

• Race-based discrimination is almost always unconstitutional (Brown v. Board, 1954)
• Gender discrimination must have an important reason (United States v. Virginia, 1996)
• Laws treating groups unfairly must pass Strict or Heightened Scrutiny
• The Equal Protection Clause (14th Amendment) is used to challenge discrimination

What Are Jim Crow Laws?

• State and local laws that enforced racial segregation in the South
• Kept Black Americans and whites separate in schools, buses, restaurants, etc
• Based on the "separate but equal" rule (Plessy v. Ferguson, 1896)

What Is the Purpose of the Due Process Clause of the 14th Amendment?

• Prevents states from unfairly taking away life, liberty, or property
• Ensures fair legal procedures before the government acts against a person
• Used for Selective Incorporation, applying the Bill of Rights to the states
• Protects individual rights from state government abuse

What Standards/Tests Are Used by the Courts to Determine Whether a Discriminatory Law or Regulation Is Unconstitutional?

• Strict Scrutiny: Used for race, religion, and national origin
• Heightened Scrutiny: Used for gender
• Rational Basis Test: Used for age, disability, and economic status; the law must be reasonable

What New Civil Rights Issues Have Emerged Over Time?

• LGBTQ+ Rights
• Women's Rights
• Indigenous Rights
• Disability Rights
• Religious Minorities

What Are Some of the Barriers That Were and Continue to Be Faced by African Americans in the Struggle for Civil Rights?

• Voting Restrictions: Poll taxes, literacy tests, and threats or violence aimed at stopping Black people from voting
• Economic & Housing Discrimination: Lower-paying jobs, redlining (blocking home loans in certain areas), and restricted access to good neighborhoods
• Violence & Harassment: Attacks and terror from groups like the Ku Klux Klan
• Unequal Education: Underfunded schools and ongoing segregation
• New Voter Suppression: Strict voter ID laws, fewer polling stations, and gerrymandering
• Criminal Justice Disparities: Racial profiling, higher arrest rates, and unfair treatment in courts

How Have the Courts Supported the Civil Rights Movement?

• Ended legal segregation with cases like Brown v. Board of Education
• Forced states to follow civil rights decisions

How Has Congress Supported the Civil Rights Movement?

• Passed major laws like the Civil Rights Act of 1964, ending discrimination in public places and jobs
• Approved the Voting Rights Act of 1965, protecting Black voting rights
• Used federal funding to push states to obey these laws

How Has the Executive Branch Supported the Civil Rights Movement?

• Issued orders to integrate the military (Truman, 1948) and support civil rights laws (Lyndon B. Johnson)
• Sent federal troops to help enforce desegregation (Eisenhower in Little Rock)

What Is the Purpose of Affirmative Action?

• Fixes past discrimination by giving more chances to groups facing unfair treatment
• Expands opportunities in jobs and schools for underrepresented people
• Encourages diversity so that workplaces and classrooms better reflect society
• Aims to promote equal opportunities in education, employment, and contracting
• Seeks to address past injustices and systemic inequalities

What Is the Controversy Surrounding Affirmative Action?

• Reverse Discrimination: Concerns that it unfairly harms white or male candidates
• Fairness vs. Merit: Debates over whether admissions/hiring should consider race or be purely merit-based
• Legal Challenges: Courts and states set limits or ban race-based policies

What Is Affirmative Action?

• The use of programs and policies designed to assist groups that have historically faced discrimination

How Have the Courts Ruled on Affirmative Action Cases?

• Courts have upheld affirmative action with limits, banning racial quotas (Bakke, 1978) but allowing race as a factor (Grutter, 2003)
• In Students for Fair Admissions (2023), the Supreme Court struck down race-based admissions as unconstitutional

What Is Intermediate Scrutiny?

• A legal standard used by courts to evaluate laws that classify based on gender or legitimacy

What Portion of the Civil Rights Act Concerns Employment Discrimination?

• Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin
• Is enforced by the EEOC

What Is a Protected Class?

• A group of people legally shielded from discrimination based on characteristics like race, color, religion, sex, national origin, age (40+), disability, and genetic information under U.S. anti-discrimination laws

Brown v. Board of Education (1954)

• Equal rights for African Americans
• Ended school segregation, overturning Plessy

Heart of Atlanta Motel v. U.S. (1964)

• A motel refused to serve Black customers
• Businesses can't discriminate (Commerce Clause)
• Strengthened federal power to enforce civil rights laws

Regents of the University of California v. Bakke (1978)

• A white applicant sued after being rejected from medical school due to racial quotas
• Question: Do racial quotas violate the Equal Protection Clause (14th Amendment)?
• Quotas are unconstitutional, but race can be a factor in admissions
• Affirmed affirmative action but banned strict racial quotas

Mendez v. Westminster (1946)

• Challenged Mexican-American segregation in California schools
• Question: Does segregation of Mexican-American students violate the Equal Protection Clause?
• Segregation is unconstitutional
• Precursor to Brown v. Board (1954); was the first case to strike down school segregation

Department of Homeland Security v. Regents of the University of California (2020)

• The Trump administration attempted to end DACA (Deferred Action for Childhood Arrivals)
• Question: Did the DHS violate procedural rules in rescinding DACA?
• DACA protections remain because the administration ended it improperly
• Secured protections for Dreamers (undocumented immigrants brought as children)

Korematsu v. United States (1944)

• The U.S. interned Japanese Americans during WWII and Korematsu refused to relocate
• Question: Did internment camps violate the 5th Amendment (due process)?
• Internment was justified for national security during wartime
• Later discredited, but never overturned, and was a major civil liberties failure

Lau v. Nichols (1974)

• Chinese-speaking students were denied English language support in schools
• Question: Did this violate Title VI of the Civil Rights Act (1964)?
• Schools must provide equal educational opportunities
• Established bilingual education rights

Lawrence v. Texas (2003)

• Texas law criminalized same-sex relations
• Question: Did the law violate privacy rights under the Due Process Clause (14th Amendment)?
• Laws banning same-sex relations are unconstitutional
• Overturned Bowers v. Hardwick (1986) and was a major LGBTQ+ rights victory

Obergefell v. Hodges (2015)

• States refused to recognize same-sex marriages
• Question: Does banning same-sex marriage violate the Equal Protection and Due Process Clauses?
• Same-sex marriage legalized

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

• A baker refused to make a wedding cake for a same-sex couple, citing religious beliefs
• Question: Did Colorado's ruling against the baker violate his First Amendment religious rights?
• The baker won on religious grounds, but the ruling was narrow
• A narrow ruling; didn't establish a broad right to refuse service based on religion

What Are Some of the Barriers That Were and Continue to Be Faced by Women in the Struggle for Civil Rights?

• Legal Inequality: Laws once denied women property and legal rights
• Education & Work Limits: Barriers to higher education and careers
• Political Exclusion: Voting restrictions, especially for women of color
• Workplace Discrimination: Wage gap, harassment, lack of leadership roles
• Cultural Stereotypes: Gender roles limit opportunities

What Amendments Have Protected Women's Civil Rights?

• Nineteenth Amendment (1920): Gave women the right to vote
• Fourteenth Amendment (1868): Equal Protection Clause used to fight sex discrimination
• Equal Rights Amendment (ERA) (Proposed, not ratified): Aimed to guarantee gender equality

What Methods Have Been Used by Women to Secure Their Civil Rights?

• Protests & Marches: Suffrage & Women's Marches
• Legal Challenges: Court cases for gender equality
• Legislation & Advocacy: Title IX, Equal Pay Act
• Voting & Politics: 19th Amendment, government roles
• Grassroots Activism: Groups like NOW fought for rights

What Are Some of the Barriers That Were and Continue to Be Faced by Indigenous Americans in the Struggle for Civil Rights?

• Voting Restrictions: ID laws, past disenfranchisement
• Land & Sovereignty: Limited tribal self-governance
• Economic Disparities: High poverty, job shortages
• Education Inequality: Underfunded schools, loss of culture
• Healthcare Gaps: Limited medical access, underfunded IHS
• Cultural Suppression: Forced assimilation, language loss

Legislation That Shaped and Impacted the Relationship Between Indigenous Americans and the American Government

• Indian Removal Act (1830): Forced relocation (Trail of Tears)
• Indian Citizenship Act (1924): Granted U.S. citizenship
• Indian Reorganization Act (1934): Restored tribal self-governance
• Indian Self-Determination Act (1975): Gave tribes control over federal programs

Key Court Cases That Shaped and Impacted the Relationship Between Indigenous Americans and the American Government?

• Worcester v. Georgia (1832): States can't control tribal lands
• Ex parte Crow Dog (1883): Led to federal oversight of major crimes
• Oliphant v. Suquamish (1978): Tribes can't prosecute non-Natives

What Are Some of the Barriers That Were and Continue to Be Faced by Hispanic/Latino Americans in the Struggle for Civil Rights?

• Educational Segregation: Historically placed in inferior schools
• Employment Discrimination: Unequal hiring, wages, and promotions
• Political Disenfranchisement: Voting restrictions limit representation
• Language Barriers: Limited access to education & services
• Immigration Challenges: Legal status affects rights & opportunities

What Are Some of the Barriers That Were and Continue to Be Faced by Asian Americans in the Struggle for Civil Rights?

• Immigration Restrictions: Laws limited Asian immigration
• Segregation: Denied citizenship and placed in separate schools
• Job Discrimination: Wage gaps and leadership exclusion
• Stereotypes: Seen as "perpetual foreigners"
• Hate Crimes: Faced violence and discrimination

How Have the LGBTQIA+ Community Struggled for Civil Rights Protections in the United States?

• Legal Discrimination: No full federal protections
• Marriage Ban: Legal until Obergefell (2015)
• Military Ban: Don't Ask, Don't Tell (1993-2011)
• Hate Crimes: Faced violence (Stonewall Riots, 1969)
• Trans Rights: Barriers to ID, healthcare, and safety
• Laws like the Equality Act aim to expand protections

What Challenges Have Been Faced by Americans With Disabilities in the Struggle for Civil Rights?

• Job Discrimination: Limited opportunities & workplace barriers
• Inaccessibility: Public spaces & transport lacked access
• Education Barriers: Denied schooling before IDEA (1975)
• Healthcare Issues: Limited access & discrimination
• Few Legal Protections: ADA (1990) banned discrimination

What Methods Have Been Used by People of Color, the LGBTQIA+ Community, and Americans With Disabilities in an Effort to Secure Greater Civil Rights?

• Protests and Demonstrations: Organizing marches and sit-ins to raise awareness and demand change
• Legal Challenges: Filing lawsuits to contest discriminatory laws and practices
• Legislative Advocacy: Lobbying for the passage of laws that protect civil rights
• Grassroots Mobilization: Building community-based movements to support civil rights initiatives

Which Amendments Protect Civil Rights?

• 13th: Abolished slavery
• 14th: Citizenship & equal protection
• 15th: Voting rights for Black men
• 19th: Women's right to vote
• 24th: Banned poll taxes
• 26th: Lowered voting age to 18

What Stands Out in the Text of the 13th Amendment?

• Abolished slavery

What Stands Out in the Text of the 14th Amendment?

• Granted citizenship, equal protection under the law

What Stands Out in the Text of the 15th Amendment?

• Voting rights, gave Black men the right to vote

How Have Social Movements in the United States Been Impacted by the Constitution?

• Civil Rights: 14th & 15th Amendments ensured equal protection & voting rights
• Women's Rights: 19th Amendment gave the right to vote
• LGBTQ+ Rights: 14th Amendment ensured marriage equality
• Disability Rights: Equal protection led to ADA (1990)
• Workers' Rights: 1st Amendment & Commerce Clause supported unions & protests

Due Process Clause

• Protects individual rights from government actions (life, liberty, property) without fair legal procedures
• Requires a fair legal process

Equal Protection Clause (14th Amendment)

• Requires laws to apply equally to all people, preventing discrimination by the government
• Prohibits discrimination in laws

Title II

• Prohibits discrimination in public accommodations such as hotels, restaurants, and theaters

Title IV

• Addresses the desegregation of public education

Title VII

• Forbids employment discrimination based on race, color, religion, sex, or national origin
• Ended legal segregation & expanded civil rights protections

Who Are Some of the Notable Leaders of Social Movements That Furthered the Equal Protection of U.S. Citizens?

• Martin Luther King Jr.: Led the Civil Rights Movement and promoted nonviolent resistance
• W. E. B. Du Bois: Advocated for racial equality and co-founded the NAACP
• Sojourner Truth: Fought for abolition and women's rights
• Rosa Parks: Sparked the Montgomery Bus Boycott and was a key figure in civil rights

What Role Has the Fourteenth Amendment's Protection of Individual Liberties Impacted the Struggle for Equal Rights?

• Citizenship: Granted to all born in the U.S.
• Equal Protection: Used to challenge discrimination
• Due Process: Ensured fair legal protections

The Incorporation Doctrine Involves

• Appling the bill of rights to the states

The Abridgment of Citizens' Freedom to Worship, or Not to Worship, as They Please Is Prohibited by The

• Free exercise cause

The Miranda Rule

• Requires police officers to inform accused persons of their rights prior to questioning

The Supreme Court Has Ruled That Racial Discrimination Is

• Inherently suspect and therefore subject to strict scrutiny

To Secure These Rights

Civil rights activists, such as those who campaign for gay and lesbian equal rights and those who advocated for racial equality in the 1950s and 1960s, often find the most effective way is

• Through litigation in the courts to gain legal protections against discrimination