Equal Protection: Crash Course Government and Politics #29

Summary

In this Crash Course Government and Politics episode, Craig explains the significance of the Fourteenth Amendment and distinguishes between civil liberties and civil rights. He delves into the 'equal protection' clause, which underpins civil rights, and discusses the concept of protected classes and the levels of scrutiny courts apply to cases involving them. Craig also explores the landmark case of Brown v. Board of Education, illustrating the Supreme Court's approach to civil rights and its impact on American society.

Takeaways

• 🏛️ The Fourteenth Amendment is considered crucial for civil rights and liberties, particularly due to its 'equal protection' clause.
• 🔄 Civil liberties protect citizens from government interference, while civil rights address how citizens may unfairly treat others, often through laws.
• 📜 The 'equal protection' clause mandates that no state deny any person equal protection under the law, which has been pivotal in civil rights cases.
• 🤔 Initially, the Supreme Court interpreted the 'equal protection' clause to apply only to state actions, not private discrimination.
• 🏡 The 'separate but equal' doctrine, established in Plessey v. Ferguson, allowed segregation as long as the state provided equal accommodations for different races.
• 👥 Protected classes, often minorities, are given special judicial attention due to their potential disadvantage in the political process.
• 🕵️‍♂️ The Supreme Court uses 'strict scrutiny' for laws affecting protected classes, requiring a compelling government interest and the least restrictive means.
• 📉 'Rational basis' review is the lowest level of court scrutiny, where the government only needs to show a rational reason for its actions.
• 📚 Brown v. Board of Education was a landmark case that rejected 'separate but equal', arguing that segregated facilities are inherently unequal.
• 📚 The decision in Brown v. Board of Education underscored the federal government's role in combating racial discrimination in public institutions like schools.
• 🌐 Civil rights are dynamic and evolve over time, reflecting societal changes and political activities aimed at protecting minority rights.

Q & A

Why is the Fourteenth Amendment considered the most important part of the Constitution by many people?

The Fourteenth Amendment is considered crucial because it includes the 'equal protection' clause, which is the foundation for civil rights protections, ensuring that no state denies any person within its jurisdiction the equal protection of the laws.

What is the difference between civil liberties and civil rights?

Civil liberties are protections against government interference in citizens' lives, while civil rights primarily concern the ways citizens can treat other groups differently, often leading to unfair treatment, and are rooted in the 'equal protection' clause of the Fourteenth Amendment.

How did the Supreme Court initially interpret the 'equal protection' clause in relation to private discrimination?

Initially, the Supreme Court interpreted the 'equal protection' clause to apply only to state governments and not to private discrimination, as seen in the Civil Rights Cases and the 'separate but equal' doctrine established in Plessey v. Ferguson.

What are 'protected classes' in the context of the Supreme Court's jurisprudence?

Protected classes refer to groups that are often minorities and are at a disadvantage in the democratic political process. The Court pays special attention when a statute deals with 'discrete and insular minorities,' such as those based on religion, nationality, or race.

Why does the Supreme Court apply a higher level of scrutiny when dealing with 'protected classes'?

The Court applies a higher level of scrutiny for protected classes because these minorities are at a significant disadvantage in the political process, making it difficult for them to pass laws favoring them, thus necessitating judicial protection.

What is the 'strict scrutiny' standard and how does it apply to cases involving protected classes?

Strict scrutiny is the highest level of judicial review where the government has a heavy burden to prove that a law or action concerning a protected class is allowable. It involves a five-step process to examine the government's actions, making it difficult for the government to pass this test.

What is the 'rational basis' standard and how does it differ from 'strict scrutiny'?

The 'rational basis' standard is the lowest level of court scrutiny where the government only needs to show a rational basis for its actions. This standard gives the government more leeway with its laws compared to the strict scrutiny standard.

What is 'intermediate scrutiny' and how does it compare to 'strict scrutiny' and 'rational basis'?

Intermediate scrutiny is a standard that is harder to meet than the rational basis but does not usually result in the government losing the case like strict scrutiny does. It falls between the two in terms of the level of scrutiny applied by the courts.

How did the Brown v. Board of Education case challenge the 'separate but equal' doctrine?

Brown v. Board of Education challenged the 'separate but equal' doctrine by arguing that separate facilities are inherently unequal because they make minority groups feel inferior. The Supreme Court ruled that segregation in public schools was unconstitutional, marking a significant step in the civil rights movement.

Why is Brown v. Board of Education considered a landmark case in American civil rights history?

Brown v. Board of Education is considered a landmark case because it demonstrated the federal government's ability to intervene in local matters like public education to address racial discrimination, and it laid the groundwork for subsequent civil rights legislation in the 1960s.

How does the concept of civil rights evolve over time, and why is it important to understand this evolution?

The concept of civil rights evolves over time as societal values and political activities change, with the meaning of civil rights adapting to new issues like same-sex marriage. Understanding this evolution is important because it reflects how society treats different groups and the government's role in protecting minority rights.