Civil Rights and Equal Treatment
To begin: a word on hierarchy:
- Hierarchy: hierarchy, in the social sciences, a ranking of positions of authority, often associated with a chain of command and control. The term is derived from the Greek words hieros (“sacred”) and archein (“rule” or “order”). In modern societies, hierarchical organizations pervade all aspects of life. Yet they were increasingly criticized in the early 21st century because the features that made them an effective means of organization were deemed problematic.
Related concepts:
- status
- hierarchy
- order
- power
- privilege
Definitions:
- Civil Rights: guarantees of equal social opportunities and equal protection under the law, regardless of race, religion, or other personal characteristics. Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to a public education, and the right to use public facilities. Civil rights are an essential component of democracy; when individuals are being denied opportunities to participate in political society, they are being denied their civil rights.
- Equal Protection: in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated. Equal protection is extended when the rules of law are applied equally in all like cases and when persons are exempt from obligations greater than those imposed upon others in like circumstances. The Fourteenth Amendment to the U.S. Constitution, one of three amendments adopted in the immediate aftermath of the American Civil War (1861–65), prohibits states from denying to any person “the equal protection of the laws.”
__________
To what degree is equal protection a commonly held value?
Example - The case for hierarchy.
Ideology
- equality
- liberty
- tradition
Political Culture
- Moralism
- Individualism
- Traditionalism
__________
Federal - State conflict regarding equal protection
Federalism:
- national level
- state level
- - local level
__________
Discrimination
- Inevitability
- Justifications
- - a compelling public purpose
- - an important
- - a legitimate governmental objective
Common divisions
- indigenous
- wealth
- education
- gender
- race
- ethnicity
- sexual orientation
- sexual identity
- legal realism
- Civil Rights
- - Jamestown Contract
- - - (click here)
- - - (Lawes ....)
- - Virginia Company
- - - indigenous populations
- - - labor
- - - - indenture
- - - - enslavement
- - - limits on civil liberties
- Women
-
- mentions of native tribes in the constitution
equal protection of the law
equal treatment of the law
equal access to public institutions
equal participation
hierarchy
class
aristocracy
traditionalism
privilege
the noble lie
divine right
The Virginia Company
- contract with James 1
the labor market
- penal labor
- indenture
- enslavement
- domestic labor
- child labor
poverty
development of slave codes
- Barbados
- Virginia
Aspects of slave codes
we the people
Slavery in the U.S. Constitution
Slavery in the Texas Constitutions
- 1836
- 1845
- 1861
The politics of slavery
- the abolition movement
- Missouri Compromise
- Compromise of 1850
- freedom suits
- Dred Scott v Sanford
- Emancipation Proclamation
Civil Wars Amendments
- 13th Amendment
- 14th Amendment
- 15th Amendment
Equal Protection of the laws
- x citizen
- corporate citizens
reconstruction
military rule
Civil Rights Act of 1875
- Civil Rights Cases (1883)
- - public discrimination
- - private discrimination
violence and intimidation
- KKK
Black Codes
- share cropping
- prison labor
- vagrancy, etc…
Jim Crow
- local
- - sundown towns
- - restrictive covenants
- -
Plessy v Ferguson
- separate but equal
- NAACP
- test cases
- Sweatt v Painter
- - TSU / UH
Brown v Board of Education of Topeka, Kansas
- part 1 – de jure segregation
- part 2 – de facto segregation
Civil Rights Act of 1964
Great Society
- VRA
- EEOC
- 1968
- ADA
- Obergefell
courts
- suspect classification
- strict scrutiny
- intermediate review
- rational basis
Affirmative Action
FDR / Truman / LBJ
