POLS 101 1st Edition Lecture 10Outline of Last Lecture MIDTERM MOVED TO FRIDAY MARCH 27THI. Civil liberties and RightsII. Amendments 13, 14, 15III. Laws and Practices written by states that limited civil rightsIV. 20th Century NAACPV. 20th Century Civil Rights MovementOutline of Current Lecture I. Civil RightsII. Civil Rights issues still ongoingCurrent LectureI. Civil Rights Continued1. The Fair Housing Act of 1968- A Federal housing act that outlawed refusal to rent or buy based on race, color, religion, sex or national origin.2. 1970’s many more Americans supporting desegregation, younger generations changed attitudes faster. 3. De-jure is that law requires segregation. Supreme Court struck down de-jure in 1954 and civil rights act struck down de-jure again in 1964. What we see today is de-facto discrimination, which is segregation but not required by government, may be seen inhousing, schooling, and hiring practices. Much easier to get ride of de-jure rather than de-facto. II. Civil Rights Issues still ongoing1. Affirmative Action- program that tries to ensure that in reality people are treated the same. Company may make commitment to hire individuals in minorities who are qualified. “Making quotas”-Disagreement of equality as the result is something that government should not work to create, making sure everyone is treated the same way.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Its not the government’s job to ensure equality of results, there is no way everyone will be equal, but it is the government’s job to protect equality of opportunity2. Affirmative Action Disputes and Court Decisions-Bakke V. California (1978) – Whether a student named Allen Bakke should be admitted to the Medical school of University of California. University policy turned him down because the university set aside spots for qualified minority applicants. Bakke appealed case, came to Supreme Court. 5 justices agreed to Affirmative actionwhen the institution has discriminated against minorities in the past. 1 justice of the 5 justices voted with the 4 other justices voted that California could not use a quota or specific numbers when making a decision. -Justices basically deemed Affirmative action constitutional based on the discrimination that happened in the past3. 1980 Supreme Court looked at case where 10% of government contracts for construction companies owned by minorities. Supreme court deemed quotas to be “okay” in this instance4. 1989- State of Virginia decided that quota could not be used to distribute government contracts to minorities.5. 1991- Federal Government was allowed to give preference to minority companies when applying for license for radio broadcasting.- Still some ambiguity in the law about when affirmative action can be used6. Affirmative Action Principles for Use-If quota is being used, there must be a strong justification for use. There may be some instances where it can be used.-State and local government cannot use quotas and preferences unless they are being used to correct a problem in the past.-Proving that discrimination occurred in the past, is not enough, cannot just say the percent of minorities from previous graduating class. Supporters of Affirmative action in institutions have to provide actual evidence and instances where discrimination was used in enrollment and admission decisions. -Quotas or preferences created by federal law will be given greater latitude to use them because of 14th amendment of the powers given to congress to prevent discrimination-Easier to justify a voluntary preference system than one given by law. Government will have easier time upholding voluntary preference system like negotiating a labor contract, so there is some give and take in the
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