A S S I G N M E N T: Civil Rights

As discussed above, the term 'Civil Rights' refers generally to questions of equality under the law. Originally applied to the rights of freed slaves, it has now been expanded to include:

• Any group disadvantaged by its minority status; or,
• Groups that have been excluded from positions of power and influence in the public and private sector.

This may include exclusion based on race, gender, age, sexual orientation or ethnicity.

The fourteenth Amendment guarantees to everyone "the equal protection of the laws". But, what does this mean? How can the courts interpret this amendment?

Government policies routinely treat people differently. For example the admissions departments of many public institutions treat students with an SAT of 1500 differently than a student with 900. Of course there are some classifications that are unconstitutional under the 14th Amendment, the problem is, which ones?

The history of civil rights can be viewed as a series of individual struggles to get certain populations classified as suspect, thus allowing for Supreme Court protection. What started as a fight to end racial discrimination the 1950's and 1960's, continued to women's rights in the 1960's and 1970's and to people with disabilities in the 1980's and continues today for homosexuals and elderly.

YOUR ASSIGNMENT

Use one of the following web sites or your textbook, answer the following questions and send back to the instructor using the assignment tool.

A timeline is a useful way to put information into perspective. For a handy timeline of the civil rights movement: http://www.wmich.edu/politics/mlk/

The American Civil Liberties Union Freedom Network (ACLU)

Freedom Forum First Amendment Center

The OYEZ Project

1) Identify a Supreme Court case that deals with each of these issues.

• sexual orientation:     Bowers v. Hardwick
• age :                            Kimel v. Florida Board of Regents
• gender:                       Roe v. Wade
• race :                           University of California Regents v. Allan Bakke

 

Essay QUESTIONS:

1. How effective do you feel the Supreme Court has been in balancing the rights of the minority against the demands of the majority?

            The Supreme Court has worked very hard to balance the rights of the minority.  It was touch-and-go in some cases (Plessy v. Ferguson comes to mind) where the justices should have just known that their decisions wouldn’t be taken seriously (as in when they use terms like “with all due haste,” which is understood by southerners as: “sometime in the afterlife).  However, despite a few glaring mistakes, the Court has done its job to be a fair mediator and give as many groups as possible equal protection under the law.  People of color have been discriminated against, but the Court ended such practices.  Women have been denied basic rights and abused in the workplace, but the Courts have ended that, too.  It is illegal to discriminate on the basis of race, creed, color, national origin, age, or sex.  However, the courts fail to issue any bans on discrimination on the basis of sexual orientation.  In fact, it seems that the Courts are developing a trend of enforcing the practice, despite its long tradition of trying to dissolve any prejudicial biases in its ranks.  In past decisions, it has upheld sodomy laws that make private, consentual bedroom practices illegal.  It is a disappointing decision for the Court to make, but one that will probably be rectified in the future as the Gay Rights Movement continues to gain momentum.

2. As a citizen of the United States, what rights have you benefited from?

            The right to a speedy trial in multiple criminal cases!  Well, not really…

            As a U.S. citizen, I enjoy the benefit of several rights.  I have freedom of speech, religion, assembly, and many others commonly used by each citizen.  As a student, I have the right to choose where I want to attend school, and can pick from a variety of occupations to have when I graduate.  I have the right to protest government actions that may be popular at the time, and yet not be punished unless my protest presents a clear and present danger to national security.  I enjoy the right to vote, and have a say in the running of my local, state, and national government.  As an American, I enjoy the right to “buy, try, sell, and fail,” the basic principle behind our economy.  A citizen of the United States enjoys many rights, all of which make life in this country a more-or-less happy existence.