Chapter 21 Section #2
Equal Protection Clause…. States & local Governments cannot draw unreasonable distinctions between classes of persons. However they can make distinctions (or discriminate) based upon…
Reasonable Classification… ex. Prohibit marriage under certain age, sales tax on smokers (not just blonde smokers) The Government must apply the ……
Rational Basis Test………… Does the classification help achieve some Government purpose? Ex. Of statutory rape against only the man and not the woman to help prevent unwanted pregnancies. Sometimes need …………..
Strict Scrutiny Test……….. State must be able to show that some “compelling Governmental interest” justifies the distinctions it has drawn between classes of people.
Segregation means the isolation and separation of one group of people from another……
Separate But Equal…….. Plessy v. Ferguson 1896 overturned by Brown v. Topeka B.O.E. 1954
De Jure Segregation pretty much over with by 1970. Whereas De Facto Segregation still exists.
Segregation has been found to be unconstitutional in other areas as well as education.
Classification by Sex……..Only reference in Constitution to sex is in 19th Amendment. Laws that treat men and women differently will not be upheld by the courts unless 1) they are intended to serve an “important Governmental objective” and 2) they are “substantially related” to achieving that goal.
Chapter 21 Section #3
Civil Rights Laws
Big ones were passed in the ‘50s and ‘60s
Civil Rights Act of 1964
Prohibited discrimination against anyone on the grounds of race, religion, national origin, sex, or physical disability in any program that receives federal funds.
Civil Rights Act of 1968
Forbids anyone to refuse to sell or rent a dwelling to any person on the grounds of race, religion, national origin, sex, disability, or to a family with children.
Policy of Affirmative Action
Applies to all agencies of the federal Government, to all states and their local Governments, and to all private employers who sell goods or services to any part of the federal Government………..
Reverse Discrimination……….”Bakke case”
Chapter 21 Section #4
1. By Birth
· law of the soil Jus Soli (where born)
· law of the blood Jus Sanguinis (to whom born)
· Congress has the authority
· criteria on p. 562
Loss of Citizenship can occur Expatriation is the legal process. (voluntary)
Denaturalization can only occur by court order and person must have become a citizen improperly