Defining Civil Rights and Early Struggles Discrimination criteria to exclude or classify Civil rights vs Civil liberties o Liberties government can t interfere o Rights obligation of government to make sure people are treated fair and equal Equal Protection Clause No state can deny anyone equal protection of law Theory of Justice by John Rawls You should switch places with someone else The Civil war Amendments o 13th abolished slavery o 14th due process and equal protection of law o 15th African American voting rights Reconstruction Era time after Civil War Jim Crow laws Laws Passed that discriminated against African Americans o Voting tests polls taxes Discrimination and the Courts Plessy v Ferguson Separate but equal rules Brown vs Board of Education struck down the separate but equal rule Strict Scrutiny responsibility of government to prove that something is constitutional race Intermediate Scrutiny Used in situations of gender Burden of proof is on person being discriminated against and government to prove unconstitutional De Jure By law school segregation is unconstitutional De Facto By fact not intentional segregated neighborhoods constitutional Pupil Placement determined where student went to based on criteria race Congress and Civil Rights After Brown Pre Clearance states can t pass laws about voting unless they are federally approved by the department of justice attorney general Shelby v Holder You can t use outdated data for preclearance Civil Rights Act of 1964 o Transportation for schools o No discrimination based on race o No desegregation in public schools or funds would be taken away o No discrimination for employment 24th amendment prohibited poll taxes Voting Rights Act 1965 Prohibited literacy test etc Fair Housing Act Outlawed Housing discrimination Community Reinvestment Act Banned redlining Redlining banks can t not give loans to certain people The universalization of Civil Rights Title VII Forbids employment discrimination part 1974 Civil rights act Title XI forbids sex discrimination in schools Equal Rights Amendment Did not pass Quid Pro Quo I ll give you some if you give me some Rational Basis test not based on race or sex burden of proof falls on person being discriminated against must prove unconstitutional Disabilities Act 1990 wheel chair ramps door parking Don t ask don t tell couldn t share sexual identity in military was repealed by PR Obama Romer V Evans used rational Basis for gay and lesbian rights in Colorado There was no rational basis for law Remedying Discrimination Affirmative Action Regents v Bakke certain number of seats based on race is not ok o Can t have race considered a plus factor Adarand v Pena Gratz V Bollinger o Dealt with contracts of people with color to help them o Ruled unconstitutional because race was primary factor o Point system based on race is unconstitutional o No mechanical system Gruetter v Bollinger o Race was considered amongst other things o Seen as constitutional o Must still meet strict scrutiny Representation in Congress Requirements for the house o Total of members 453 o Minimum age for house 25 years o U S citizenship requirement 7 years o Length of term 2 years o Number of representatives in each state based off of population o Consistency narrower local Senate o Total of members 100 o Minimum age 30 years o U S citizenship requirements 9 years o Length of term 6 years o Number representing each state 2 o Constituency broader entire state 1 3 of congress goes up for election at once Entire house goes up for election at once Term limits there are none 17th amend We vote for both house and senate Direct Patronage elected officials is given out favors to help their election chances People get rewarded for support Pork money for projects that are not necessary Private Bills bills concerning one particular person The Electoral Connection book from 1974 by David Case Work Senators can deal with peoples problems quickly Term Limits Incumbency Someone who has been there before Franking Privilege they can send mail for free o Currently none o Would require change in constitution o Limits voters choice o Limits incumbency advantages Apportionment shifting of seats based on population Redistricting house and seats are re drawn Gerrymandering restrict of seats to advantage one party Minority and Majority districts might redistrict to that someone in minority can have voice Organization of Congress o Party Conference or Caucus Hash out goals decide leaders o Speaker of the House most powerful person currently John Bayner determines agenda and dictates what will happen o President Pro Tempore of Senate person who has been there the longest o Majority and Minority Leaders Mitch McConell o Whips makes sure members vote the way leaders want them to vote o Standing Committee Permanent o Committee Chairpersons can decide what gets passed o Select Ad Hoc Committee Deals with particular things o Joint Committee Both the House and the senate o Conference Special type of Joint where the language can be changed to pass a bill in both houses o Senators are most independent o House members depend on people for reelection How a Bill becomes a Law o Committees everything is done here o Rule Committee House o Closed Rules no amendments and short amount of time o Open Rule more room for amendments and more time o Poison Pill Amendment that makes people of the party for the bill not want to vote for it o Bills that die 95 o Filibuster they can talk about anything o Cloture 3 5 or 60 100 vote to end filibuster o Holds stalling device where the senator can ask the majority leader to not bring something to the floor now public o President Involvement o Sign it becomes law o Veto can override with 2 3 vote from each chamber in congress o Do nothing becomes law in 10 days o Pocket Veto does nothing and congress passed bill with last ten days o Nuclear Option gets rid of filibuster for cabinet members executive and of session lower judicial How Congress Decides Influences on MC o Constituents determine how it will be seen back home o Party Discipline Parties compete against each other o Party Unity Votes half votes yes half votes no from each party o Leadership PACs money raised for your political action committee if you vote the way that they want Easier at national level o Logrolling you vote for mine I ll vote for yours o President might offer rewards for voting a certain way o Delegate Votes how constituents want o Trustee votes how they