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Summary Minority Rights
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Summary of 2 pages for the course Politics at QUB (Minority Rights)
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"The US Constitution still effectively safeguards the rights ofminority groups". Discuss. (30 marks).
Paragraph Key Points Relevant Cases/Examples
1st American Civil Liberties Union (ACLU) - better to have a codified However, implemented inconsistently esp.
paragraph constitution with entrenched BOR than not have one at all. national crises dominant executive
Small states - Rhode Island - BOR a proviso signing up to original suspend constitutional rights for 'national
seven articles - worried - citizens suffering due to expanding security'.
central government. Also withhold rights to suit the prejudices
ACLU - just because its written down doesn't automatically grant during that times.
consistent application. Rights not applied consistently = Native
Numerous examples throughout US history, not upheld for all Americans, African Americans.
people, all of the time. More recently = Hispanic Americans +
This suggests that State + Federal governments have got away Muslim Americans.
with undermining the rights of certain groups. Asian Americans, youth + elderly.
Principles - democratic government, liberal thought, federalism, Finally disabled + political minorities.
SOP + limited government back with JR by a independent SC Women + LGBT community not protected
combine ensure IR are upheld. by the constitution.
2nd IR protected by the first ten amendments - 1971.
paragraph These didn't apply to the 3 million black slaves.
13th amendment banned the practice of slavery in 1865 - major
advances wait another century after this + 175 years after the BOR N/A
was brought into law.
None of the rights in the Constitution applied to Native Americans
until Indian Citizenship Act in 1924.
3rd Founding Fathers - prevent national government from becoming State law = direct breach of Amendment 1
paragraph too powerful - internal limits placed - SOP + checks and balances. regarding freedom of speech + press +
Also external limitations through federalist system (Article 4 + penalise people for promoting equality
Article 10). and equal treatment, something which was
This reserved powers for state governments + indirectly offer meant to be entrenched in Amendment 14
states citizens protection from federal government abuses. (1865) + 5.
In some ways it facilitated discriminatory practices from both "Jim Crow" segregation laws existed in a
levels of governments. majority of US States between the 1880's +
SOP + C&B's do not protect marginalised groups if each branch is 1960's.
controlled with those who have no sympathy for the fringe An example of such a law in Mississippi reads
group. as follows; "Any person...who shall be guilty
Barack Obama - 1st black President in 2008, in the current 112th of printing, publishing or circulating printed,
Congress there is not a single black senator. type written or written matter urging or
presenting for public acceptance or general
Only ever been four black senators in America's history. The
information, arguments or suggestions in
longest serving member of the Senate - Robert Byrd - one time
favour of social equality or of intermarriage
KKK member - espoused racist beliefs.
between whites + negroes shall be guilty of a
Federalist arrangement perfect excuse for some States to resist misdemeanour and subject to a fine or not
interference from the national government - enforce exceeding five hundred (500.00) dollars or
discriminatory local laws. (See point across). imprisonment not exceeding six months (6) or
both."
4th President Hoover's - 'Mexican Repatriation' saw mass migration During WWII President Roosevelt (FDR) -
paragraph between 1929-1939 - 500,000 of Mexican descent forced to leave E.O. 9066 (1942) -Japanese descent
US. relocated into internment camps due to
No sign of due process of law - suppose to under amendment 5 + their ancestral home ties.
14. Korematsu vs. US 1942 - S.C. ruled US need
Deportations mostly in California, Texas, Colorado, Illinois + to protect itself from espionage was more
Michigan. important that IR.
In 2004 Korematsu publicly supported the
Guantanamo detainees stating their cases
was 'reminiscent' of his own.
5th Simply having codified constitution with an entrenched BOR – 2010 - Arizona State legislature passed the
paragraph not automatically safeguard individual rights. broadest + strictest anti-illegal
Combination judicial activism + more tolerant attitudes – abuses immigration measure known as SB 1070.
becoming less wide spread. Critics state that its ‘stop and search
Ethnic minorities, one black S.C. Justice – Clarence Thomas + its elements’ encourages racial profiling + is
first black president – x2 – unemployed, x3 – live in poverty + x6 incompatible with the ‘probable cause’
imprisoned relative to whites. provision of Amendment four.
Hispanics –largest minority group soon taking over African
Americans – targeted by state laws. (Opposite point).
On a more positive note the protection of individual + minority
rights, a federal judge issued an injunction that blocked its most
controversial provisions the day before it took effect.
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