4.4, 4.5, 4.6- civil rights Flashcards

1
Q

What rights are protected by the 14th Amendment?

A
  • 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’
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2
Q

what ammendement gave african americans the right to vote?

A

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

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3
Q

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

A
  • Brown v BOE
  • Many states failed to desegregate until Congress passed the 1964 Civil Rights Act
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4
Q

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

A
  • 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
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5
Q

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

A
  • 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
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6
Q

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

A
  • Obergefell v hodges
  • Roe v wade
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7
Q

give an example of pressure groups protecting voting rights.

A

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

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8
Q

What are Jim Crow laws?

A

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

  • e.g literacy tests, voter ID’s
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9
Q

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

A

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

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10
Q

What are sanctuary cities?

A
  • Cities that are reluctant to enforce government immigration legislation
  • implement laws that are favourable to immigrants
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11
Q

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

A

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

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12
Q

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

A

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

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13
Q

Explain the case Grutter v Bollinger.
- date
- desision

A

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

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14
Q

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

A

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

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15
Q

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?

A
  • latino: 1280
  • white: 1410
  • asian: 1550
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16
Q

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

A
  • 15% - 70%
17
Q

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

A
  • “they accept the notion that blacks are in some way inferior”
18
Q

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

A
  • 40% for black people
  • 62% for white people
19
Q

what are the arguments for affirmative action programs?

A
  • promotes diversity
  • tool to correct historical injucties and discrimination, improves enrollment of marginalised groups
  • equality of opperunity- corrects institutional barriers
20
Q

what are the arguments against affirmative argument?

A
  • 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
21
Q

what was the case that upheald segregation?

A

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

22
Q

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

A
  • dobbs v jackson womens health
  • students for fair admissions v harvard (6 of 8)
23
Q

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

A

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

24
Q

how many non-white state governors are there currently?

A

3

25
Q

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

A
  • district lines are redrawn so the majority of a population is a minority
  • created by the 1965 VRA
  • 236 in the HOR
26
Q

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

A
  • 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)
27
Q

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

A
  • 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