Chapter 7: Our Living Chapter 7: Our Living ConstitutionConstitution

Our Living ConstitutionOur Living Constitution

Think of the Constitution as a Think of the Constitution as a “flexible document” that can be “flexible document” that can be changedchanged

What are some of the new forms of What are some of the new forms of technology that have been created in technology that have been created in your lifetime? How have these your lifetime? How have these inventions changed our laws?inventions changed our laws?

7.1 Changing the Law of the 7.1 Changing the Law of the LandLand

Debate over the issue of slavery Debate over the issue of slavery begins at the Constitutional begins at the Constitutional conventionconvention

Three-fifths compromise gives an Three-fifths compromise gives an unfair advantage to the Southern unfair advantage to the Southern states in Congressstates in Congress

Missouri Compromise (1820) divides Missouri Compromise (1820) divides any new states into “slave” or “free” any new states into “slave” or “free” territoriesterritories

Dred Scott Case (1857)Dred Scott Case (1857)

Dred Scott was a Dred Scott was a slave whose owner slave whose owner took him to Illinois & took him to Illinois & WisconsinWisconsin

Argued that he was Argued that he was now a free mannow a free man

Supreme Court Supreme Court stated that slaves stated that slaves were considered were considered property so Dred property so Dred Scott was not freeScott was not free

Ending SlaveryEnding Slavery

Lincoln issues the Lincoln issues the Emancipation Emancipation Proclamation in Proclamation in July 1863July 1863

Thirteenth Thirteenth Amendment Amendment (1865)(1865): abolishes : abolishes slaveryslavery

African Americans and the Right African Americans and the Right to Voteto Vote

Fourteenth AmendmentFourteenth Amendment: grants : grants citizenship to all persons born in the citizenship to all persons born in the U.S. & “equal protection of the laws”U.S. & “equal protection of the laws”

Fifteenth AmendmentFifteenth Amendment: guarantees : guarantees everyone (i.e. all men) the right to everyone (i.e. all men) the right to vote regardless of “race, color, or vote regardless of “race, color, or previous condition of servitude”previous condition of servitude”

The Right to Vote Continued. . .The Right to Vote Continued. . . Most African Americans Most African Americans

still had to take still had to take literacy literacy teststests in order to vote in order to vote

Most African Americans Most African Americans also had to pay a fee in also had to pay a fee in order to vote (poll tax)order to vote (poll tax)

Grandfather clauseGrandfather clause: : poor white men could poor white men could avoid taking the test or avoid taking the test or paying the tax if their paying the tax if their grandfather had voted grandfather had voted in previous electionsin previous elections

The Right to Vote Continued. . .The Right to Vote Continued. . . Suffrage (franchise):Suffrage (franchise): the the

right to voteright to vote

Twenty-fourth amendmentTwenty-fourth amendment (1964): declared poll taxes (1964): declared poll taxes illegalillegal

Civil Rights Act of 1964Civil Rights Act of 1964: : declared segregation declared segregation illegal in all public placesillegal in all public places

Voting Rights Act of 1965Voting Rights Act of 1965: : banned all literacy testsbanned all literacy tests

Women and the Right to VoteWomen and the Right to Vote Women’s Rights Women’s Rights

Convention held in New Convention held in New York in 1848York in 1848

Convention led by Convention led by Elizabeth Cady Stanton & Elizabeth Cady Stanton & Lucretia MottLucretia Mott

Write the Declaration of Write the Declaration of SentimentsSentiments

1919thth Amendment (1920) Amendment (1920) gives women the right to gives women the right to votevote

Youth and the Right to VoteYouth and the Right to Vote

Many soldiers Many soldiers fighting in WWII, fighting in WWII, Korea & Vietnam Korea & Vietnam were 18-20 yrs. old were 18-20 yrs. old (but couldn’t vote)(but couldn’t vote)

2626thth Amendment Amendment (1971) gave all (1971) gave all eighteen year-olds eighteen year-olds the right to votethe right to vote

The Twenty-Seventh AmendmentThe Twenty-Seventh Amendment

Passed in 1993Passed in 1993

If members of If members of Congress vote to Congress vote to increase their increase their salaries, they will salaries, they will receive the pay receive the pay raise AFTER the raise AFTER the next electionnext election

7.2 The Constitution: A Flexible 7.2 The Constitution: A Flexible FrameworkFramework

The role of the The role of the Supreme Court is Supreme Court is to determine to determine whether the whether the Constitution has Constitution has been followed by been followed by the Gov’t and its the Gov’t and its citizenscitizens

PlessyPlessy v. v. FergusonFerguson (1896) (1896) Homer Plessy, a black Homer Plessy, a black

man, refused to leave man, refused to leave the “whites only” the “whites only” railroad carrailroad car

Plessy argued that Plessy argued that segregation in segregation in Louisiana was illegalLouisiana was illegal

Decision established Decision established the “separate but the “separate but equal” doctrineequal” doctrine

The NAACPThe NAACP

National Association for the National Association for the Advancement of Colored Advancement of Colored PeoplePeople

Organization that opposed Organization that opposed segregation, especially in segregation, especially in schoolsschools

In the 1950s, led by lawyer, In the 1950s, led by lawyer, Thurgood MarshallThurgood Marshall

BrownBrown v. v. Board of Education of Board of Education of Topeka, KansasTopeka, Kansas (1954) (1954)

Linda Brown lived only 7 Linda Brown lived only 7 blocks away from the all-blocks away from the all-white school but 21 white school but 21 blocks from the all-black blocks from the all-black schoolschool

Black children meant to Black children meant to feel feel inferiorinferior and white and white children felt children felt superiorsuperior

Overturned the “separate Overturned the “separate but equal” clause & bans but equal” clause & bans segregation in schoolssegregation in schools

Affirmative ActionAffirmative Action

Definition: steps to counteract the Definition: steps to counteract the effects of past racial discrimination effects of past racial discrimination and discrimination against women and discrimination against women (applied also to colleges & universities(applied also to colleges & universities

Some people feel that this leads to Some people feel that this leads to discrimination against white males discrimination against white males (i.e. reverse discrimination)(i.e. reverse discrimination)

University of CaliforniaUniversity of California v. v. BakkeBakke (1978)(1978)

University of California University of California Medical School denied Allan Medical School denied Allan Bakke admission in 1974Bakke admission in 1974

School reserved spots for School reserved spots for various minority groupsvarious minority groups

Bakke claimed he was a Bakke claimed he was a victim of reverse victim of reverse discriminationdiscrimination

Court ruled that race could Court ruled that race could only be only be one of the factorsone of the factors considered for applicationconsidered for application

GratzGratz v. v. BollingerBollinger (2003) (2003)

University of Michigan used a 150-University of Michigan used a 150-point scale for all undergraduate point scale for all undergraduate applicantsapplicants

Minority students were given 20 Minority students were given 20 bonus points whereas a perfect SAT bonus points whereas a perfect SAT score was 12 pointsscore was 12 points

Jennifer Gratz, a white student, Jennifer Gratz, a white student, claimed reverse discriminationclaimed reverse discrimination

Supreme Court found the admission Supreme Court found the admission system unconstitutionalsystem unconstitutional

Phillips Phillips v. v. Martin Marietta Martin Marietta CorporationCorporation (1971) (1971)

Ida Phillips interviewed Ida Phillips interviewed for a corporate job in for a corporate job in FloridaFlorida

Phillips didn’t get the job Phillips didn’t get the job because she had two because she had two pre-school age childrenpre-school age children

She sued for She sued for discrimination and won– discrimination and won– the court found one the court found one hiring policy for women hiring policy for women and one for men and one for men unconstitutionalunconstitutional