POLITICS & LAW -- Civil Rights Movement & Gender
NAME: ___________________________
Read in WE THE PEOPLE pages 267-268 and in MAGRUDER'S GOVERNMENT textbook Civil Rights Movement -- Beyond Race pages 622-623 and pages 626-630 and then answer the following questions in the spaces provided:
(a) The classification of gender as a potential area of illegal discrimination did not happen until 1971, nearly 200 years after the Constitution was adopted and over 100 years after the adoption of the 14th Amendment. Why did it take so long, since the 14th Amendment says "persons" and never mentions "men" or "women"?
(b) Finally, in 1971, the U.S. Supreme Court struck down an Idaho law which gave fathers preference over mothers in matters involving the administration of their children's estate as unconstitutional. How would you expect Constitutional conservatives would view this decision? Explain.
-- how would you expect Constitutional liberals would view this decision?
(c) What is the standard for deciding claims of gender discrimination?
(d) The Civil Rights Act of 1964 expended the reach of anti-discrimination laws. Why do you think the Supreme Court did not find this federal law a violation of the Constitution, since it dealt with areas normally the subject of STATE laws?
(e) Title IX of the Federal Education Act of 1972 addressed gender discrimination. Since education is an area of STATE authority, how do you think the Supreme Court justified this law's constitutionality?
(f) The Supreme Court has ruled that affirmative action programs are constitutional, but reverse discrimination isn't constitutional. Based on the cases discussed, how does the Court appear to distinguish between affirmative action and reverse discrimination?