POLS 206 American National Government Megan K Dyer October 2 2014 Overview Today 1 Defining civil rights 2 Equal protection Standards of review Suspect classifications 3 Civil Rights Equal facilities Political rights Challenges Discuss exam Civil Rights The majority v minority problem Majority rule Minority rights Civil liberties Majority often defines interpretation Civil rights Majority might deny minority equal protection Civil Rights Difference Civil liberties Gov t not allowed to act Civil rights Gov t action possibly required to ensure equality under law Civil Rights Civil Rights Policies that Guarantee each person is treated as an equal under law Protect people against arbitrary discriminatory treatment Freedom to e g the right to vote Equal Protection 14th Amendment Equal Protection Clause nor shall any State deny to any person within its jurisdiction the equal protection of the laws Principal legal tool for civil rights struggles Equal protection can be violated by discriminatory laws Equal Protection Classification laws For things For people e g drinking age e g tax status Equal Protection When are discriminatory classifications are illegal How do courts determine if one is permissible violates equal protection Equal Protection Courts treat different classifications differently 3 standards of legal review 1 Rational basis 2 Intermediate scrutiny 3 Strict scrutiny Equal Protection Standards of Review What level of judicial scrutiny does it get Specify requirements for 1 Gov t s purpose in creating the law 2 The relationship of the classification to purpose Equal Protection 1 Rational basis Easiest to prove legality Classification must 1 have a rational relationship 2 to a legitimate gov t goal e g age wealth Equal Protection 2 Intermediate scrutiny Moderately difficult to prove legality Classification must 1 have a substantial relationship 2 to an important gov t goal e g gender Note ERA Equal Protection 3 Strict scrutiny Very difficult to prove legality Classification must be 1 necessary to accomplish 2 a compelling gov t purpose least restrictive way to do it e g all suspect classifications Equal Protection Suspect classifications What makes a classification suspect 1 History 2 Visible yet irrelevant trait 3 Powerless to protect themselves via political process i e a minority What qualifies Legal presumption Equal Facilities What does equal protection require Jim Crow laws Plessy v Ferguson 1896 separate but equal Brown v Board of Education 1954 separate but equal is inherently unequal Equal Facilities Equal facilities access Civil Rights Act 1964 Made discrimination in public places illegal Forbade many kinds of job discrimination Federal gov t power to enforce Aside Commerce clause Equal Political Rights Equal political rights Voting Rights National electorate undefined in Constitution Left to the states Equal Political Rights Restricting suffrage Poll taxes Literacy tests Etc Equal Political Rights 24th Amendment Voting Rights Act 1965 Abolished informal formal race based barriers to voting Abolished literacy tests Pre clearance Aside Shelby County v Holder 2013 Challenges Deeper issues in equal protection Embedded issues of equality Social Economic Cultural De jure v de facto discrimination Challenges De facto discrimination e g School district boundaries Parental leave policies Hard Remedies controversial Challenges Equality A moving target Intractable problems Visible in groups out groups Inductive judgments How far can or should gov t go in providing remedies Challenges Protecting and or promoting equality Is legal protection effective e g Plessy v Ferguson 1986 e g Korematsu v U S 1944 The majority problem Courts as counter majoritarian institutions