civil rights & liberties
Civil rights and civil liberties in the U.S. refer to the legal protections and freedoms that ensure individuals are treated equally and fairly under the law.
general notes
civil liberties protect individuals from government overreach (e.g., freedom of speech, right to privacy)
civil rights ensure equal treatment and protection from discrimination (e.g., voting rights, anti-discrimination laws)
civil rights movements have driven legal changes expanding protections for marginalized groups
key debates include affirmative action, LGBTQ+ rights, voting access, and how far federal enforcement should go
rights are shaped by both legislation and Supreme Court rulings interpreting the Constitution
major acts of Congress
Civil Rights Act of 1964
banned discrimination based on race, colour, religion, sex, national origin in public places, employment, and schools
created the Equal Employment Opportunity Commission (EEOC)
Voting Rights Act of 1965
outlawed discriminatory voting practices like literacy tests
gave federal government power to oversee elections in places with history of voter suppression
Fair Housing Act of 1968
prohibited housing discrimination based on race, religion, or national origin
Americans with Disabilities Act (1990)
banned discrimination against people with disabilities in employment, transportation, and public accommodations
more about affirmative action
policies that aim to increase diversity and reduce discrimination by considering race, ethnicity, gender as a factor in decisions like college admissions or hiring
race could be considered to help build a more diverse student body
June 2023, supreme court ruled in Students for Fair Admissions v. Harvard & UNC that colleges can no longer use race as a factor in admissions, ending race-based affirmative action in higher education
majority 6-3 said considering race violates equal protection clause of 14th amendment
argued race-based admissions were not precise, time-limited, or neutral and could harm applicants like Asian Americans
court emphasized individual merit and said applicants should be evaluated on personal experiences, not race alone
liberal justices (3) disagreed and said decisions ignores reality of racial inequality in education
argued race-conscious policies needed to ensure equal opportunity and to address past and present
discrimination
key Supreme Court cases
Brown v. Board of Education (1954)
ended segregation in public schools
said separate but equal doctrine is unconstitutional
a legal principle from Plessy v. Ferguson (1896) that upheld racial segregation as constitutional if facilities were equal
Gideon v. Wainwright (1963)
guaranteed right to an attorney for defendants who can’t afford one in criminal cases
Miranda v. Arizona (1966)
required police to inform suspects of their rights when arrested (“Miranda rights”)
Loving v. Virginia (1967)
struck down laws banning interracial marriage
Shelby County v. Holder (2013)
weakened the Voting Rights Act by removing federal oversight of state election laws
led to new state-level voting restrictions
Obergefell v. Hodges (2015)
legalized same-sex marriage nationwide under the 14th Amendment
equal protection and due process rights
party views
democrats, in general....
support expanding protections against discrimination
support stronger voting rights laws and oppose voter ID laws arguing they suppress turnout
back LGBTQ+ rights, affirmative action and police reform
support legislation to protect rights for marginalized groups
often favour a broader interpretation of civil liberties like privacy and due process protections
republicans, in general....
emphasize individual rights and equal treatment but often oppose policies like affirmative action or expansions of federal civil rights laws
support voter ID laws and measures that protect election integrity
some support religious liberty laws that may allow individuals to opt out of LGBTQ+ protections
are less likely to support expanding federal civil rights enforcement or identity-based protections
favour limited government, including how civil rights rules are enforced