4.4, 4.5, 4.6- civil rights

Question 1

What rights are protected by the 14th Amendment?

Answer 1

• any person born in the US is a citizen and therefore has constitutionally protected rights
• equal protection clause: prevented courts and states from narrowing the definition of ‘persons’

Question 2

what ammendement gave african americans the right to vote?

Answer 2

15th ammendment - the right to vote could not be denied based on race

Question 3

Give an example of when the enforcement of a SC ruling was reliant on other branches.

Answer 3

• Brown v BOE
• Many states failed to desegregate until Congress passed the 1964 Civil Rights Act

Question 4

give an example of when the SC was unable to be proactive in addressing a gap in the Constitution.

Answer 4

• prior to addressing gun rights in 2008 in the case DC v Heller, for many years the interpretation of the Second Amendment had been an issue
• DC v Heller ruled that the 2nd amendment protected an individual’s right to bear arms

Question 5

Give an example of when a constitutional amendment overturned a SC ruling.

Answer 5

• the 14th Amendment overturned the ruling in Dred Scott v Sandford (1857)
• Dred Scott v Sandford ruled that African Americans were not citizens and therefore did not have constitutional protections

Question 6

Give two examples of broad interpretations of rights protected by the Constitution.

Answer 6

• Obergefell v hodges
• Roe v wade

Question 7

give an example of pressure groups protecting voting rights.

Answer 7

in the 2016 election, Native American groups were involved in improving native turnout.
e.g Get-Out-The-Native-Vote (GOTNV)

Question 8

What are Jim Crow laws?

Answer 8

laws which continue to restrict minority rights- often used in southern states

• e.g literacy tests, voter ID’s

Question 9

what was the act that helped to protect against Jim Crow voting laws?

Answer 9

1965- voting rights act
- any state with a history of discrimination had to get any changes to voting laws verified by the federal government

Question 10

What are sanctuary cities?

Answer 10

• Cities that are reluctant to enforce government immigration legislation
• implement laws that are favourable to immigrants

Question 11

give an example of when the sc upheld the 8th amendment- the death penalty.

Answer 11

Roper v Simmons (2005)- declared it unconstitutional to sentence anyone to death for a crime thy committed as a child

Question 12

what was the case that established that race could in determining admissions?

Answer 12

University of California v Bakke (1978)
- ruled that the use of quotas was unconstitutional

Question 13

Explain the case Grutter v Bollinger.
- date
- desision

Answer 13

Grutter v Bollinger (2003)
- upheald the use of affirmative action programs- as long as race was considered as one of many factors in admissions
- suggested that affirmative action programs would come to an end in 25 years

Question 14

what was the recent case that put an end to affirmative action?

Answer 14

Students for Fair Admissions v Harvard (2023)
- ruled that race based affirmative action programs were unconstitutional under the 14th ammendment equal protection clause

Question 15

what did the “no longer seperate, not yet equal survey” show that students of other races would have to get in their SAT’S to be equaly as competitive as a black student with an SAT score of 1100?

Answer 15

• latino: 1280
• white: 1410
• asian: 1550

Question 16

what was the change in the number of black people in white collar jobs between 1960 and 2002?

Answer 16

• 15% - 70%

Question 17

How did Clarance Thomas argued that affirmative action programs create inequality?

Answer 17

• “they accept the notion that blacks are in some way inferior”

Question 18

what did a 2011 report from the education trust say was the graduation rate amoung black people vs white people?

Answer 18

• 40% for black people
• 62% for white people

Question 19

what are the arguments for affirmative action programs?

Answer 19

• promotes diversity
• tool to correct historical injucties and discrimination, improves enrollment of marginalised groups
• equality of opperunity- corrects institutional barriers

Question 20

what are the arguments against affirmative argument?

Answer 20

• reverse discrimination- non minorities experienc disadvantages
• undermines merit bases selection
• does not adress the root of the problem- does not properly equip individuals for higher education
• stigmatises successfull candidates

Question 21

what was the case that upheald segregation?

Answer 21

plessy v ferguson: ‘seperate but equal’ - ruled that segregation was legal if all races had the same quality of services

Question 22

give an example of a supreme court desision on rights that passed with only 6 of 9 votes.

Answer 22

• dobbs v jackson womens health
• students for fair admissions v harvard (6 of 8)

Question 23

give an example of a failed reform from the BLM protest.

Answer 23

the geroeg floyd juctice in policing act passed in the house but stalled in the senate due to republican conserns over ending the qualified immunity for police officiers

Question 24

how many non-white state governors are there currently?

Answer 24

3

Question 25

what are majority minority districts? when were they create? how many are there in the HOR?

Answer 25

• district lines are redrawn so the majority of a population is a minority
• created by the 1965 VRA
• 236 in the HOR

Question 26

what are the arguments that civil rights have been effectively upheald?

Answer 26

• rights have been extended by living constitutionalist interpretations (riley vs cali 2014, ob vs hd 2015, b v BOE)
• rights are effectively protected by the consitituion and the originalist interpretations of rights (DC v hellar, cit vs FEC)
• rights are protected by congress/ govt (VRA, ACA)
• rights are protected by interest groups (BLM, NRA)

Question 27

what are the arguments that rights have not been effectively protected?

Answer 27

• originalist interpretation of the current supreme court has not effectively protected rights (shelby county, SFFA v harv, cit vs FEC)
• rights not effecively protected by congress (VRA was struck down, failure to pass DREAM or BREATH (proposed by BLM), failure to pass ER ammd)
• congress/ govt restricts rights through asylum policies
• rights not protected by IG: relies on govt support, NRA loss of life