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Case Law: Civil Rights and Equality

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Case Law: Civil Rights and Equality

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    Slide 1:Case Law: Civil Rights and Equality (Pt. 1)

    Slide 2:I. Civil Rights as Concept

    Like - But Not Identical to - Civil Liberties - Status of the citizen in relation to government Civil Rights as Equal Rights - Civil liberties as commonly understood - Focus is on equal access of all citizens - Rights to access to public goods (e.g., school) In reference to the Bill of Rights Focus is on specific liberty of the individual vs. discrimination based on classifying the citizen

    Slide 3:II. The Constitution and Laws

    The Fourteenth Amendment and Civil Rights - Section 1 and equal citizen rights (1) (2) Early Enforcement by Congress - Content of rights: see Civil Rights Act of 1866 - Enforcement Act (Ku Klux Klan Act) of 1871 - National supervision of state governments - Section 5 of amendment

    Slide 4:III. Segregation in Early Cases

    Sweatt v. Painter (1950) His argument on limits of the law Plessy v. Ferguson (1896) - Justice Browns separate but equal rule - Louisiana law segregating railroad cars - Justice Harlans dissent Racial Segregation in State Laws (1860s-) Constitution does not recognize class, color - Separate but equal tested for equality

    Slide 5:IV. End of Separate but Equal

    Brown v. Board of Education [II] (1955) - Public schooling (primary and secondary) Brown v. Board of Education [I] (1954) - Justice Warren interpretation of equal - Focus on separate and its effects - What remedy for deprivation by segregation? - Lower federal courts rule school authorities

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