Ch.5: Civil Rights Flashcards
the use if any unreasonable and unjust criterion of exclusion
discrimination
obligation imposed on government to take positive action to protect citizens from any illegal action of gov. agencies and of other private citizens
civil rights
provision of the 14th amendment guaranteeing citizens “the equal protection of the laws” This clause has been the basis for the civil rights of African Americans, women, and other groups
Equal protection clause
Facts about the Dred Scott v. Sanford
Scot was a slave and was taken by his owner to a free state (Illinois and Wisconsin)
Scott sued his freedom, but denied cause he was a property
What are the three amendments that fulfilled the citizenship rights of the African American community
13th, 14th, &15th
13th amendment
abolish slavery
14th amendment
guaranteed equal protection and due process
15th amendment
guaranteed voting rights for African American men
Black citizens preferred which party
republican party
The first ___ ____ ____ were adopted in 1870s, in each southern state; to criminalize intermarriage of the races and to segregate trains, schools, public accommodation and depots. 10 years.
Jim Crow Laws
Civil Rights Act of 1875 attempted to protect blacks from discrimination by proprietors of hotels, theater, and other public accommodation, but was regarded unconstitutional for the reason that…?
it sought to protect blacks against discrimination by PRIVATE BUSINESSES, which the 14th was sought to only protect against actions by PUBLIC OFFICIALS
Plessy v. Ferguson
separate but equal
Women’s suffrage organization included:
National American Woman Suffrage Association (NAWSA)
National Women’s Party
19th amendment
ratified in 1920, guaranteed women the right to vote
Shelley v. Kraemer:
ruled against the widespread practice of “restrictive covenants”
the 1954 Supreme Court decision that struck down the “separate but equal” doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions
Brown, v. Board of Education
a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional
strict scrutiny
literally “by law” refers to legally enforced practices such as school segregation in the south before the 1960s
de jure
literally “by fact” refers to practices that occurs even when there is no legal enforcement, such as school segregation in much of the US today
de facto
Civil Rights Act of 1964
attack discrimination in public accommodation
segregation in school
employers
makes it unlawful to discriminate in employment on the basis of color, religion, sec, or national origin, race
TITLE VII
the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party
gerrymandering
a practice in which banks refused to make loans to people living in certain geographic locations
redlining
First level of scrutiny
lowest level
motor vehicle, occupation licensing, minimum age,
rational basis test
a test used by the supreme court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional
intermediate scrutiny
third level of scrutiny
strict scrutiny applies to the basis of race, religion or national origin.
United States v. Wong Kim Ark
that anyone born in the US was entitled to full citizenship
Lau v. Nicholas
school districts have to provide education for students whose English is limited
outlawed discrimination against individuals on the basis of disabilities
1973 Rehabilitation Act
The court ruled against a right to privacy that would protect consensual homosexual activity
bowers v. Hardwick
Lawrence v. Texas
overturned bowers and extends the rights to privacy to sexual minorities
government policies or programs that seek to redress past injustices against a specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities
affirmative action
the state shall not discriminate against or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity or national origin
preposition 9
