Chapter 5: Civil Rights Flashcards
affirmative action
In the employment arena, intentional efforts to recruit, hire, train, and promote underutilized categories of workers (women and minority men); in higher education, intentional efforts to diversify the student body.
black codes
Laws passed immediately after the Civil War by the confederate states that limited the rights of “freemen” (people formerly enslaved).
Brown v. Board of Education of Topeka
→ segregated schools violate equal protection clause of 14th
civil disobedience
Active, but nonviolent, refusal to comply with laws or governmental policies that are morally objectionable, while accepting the consequences of violating these laws.
civil rights
The rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth Amendments; the idea that individuals are protected from discrimination based on characteristics such as race, national origin, religion, and sex.
de facto segregation
segregation maintained by practice
de jure segregation
segregation mandated by law
equal protection clause
The Fourteenth Amendment clause stating that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
grandfather clause
A clause exempting individuals from voting conditions such as poll taxes or literacy tests if they or their ancestors had voted before 1870, thus sparing most white voters.
hate crime
A crime committed against a person, property, or society, in which the offender is motivated, in part or in whole, by his or her bias against the victim because of the victim’s race, religion, disability, sexual orientation, or ethnicity.
heightened scrutiny test (intermediate scrutiny test)
The guidelines used most frequently by the courts to determine the legality of sex-based discrimination
sex-based discrimination legal if is SUBSTANTIALLY RELATED to the ACHIEVEMENT of an IMPORTANT public interest.
weaker than strict
inherent characteristics
race, national origin, religion, and sex.
→ + gender sexuality and disabilities ?
intersectionality
The experience of multiple forms of oppression (based on race, gender, class, sexual orientation, or sexual identity) simultaneously.
Jim Crow Laws
Laws requiring the strict separation of racial groups, with whites and “nonwhites” required to attend separate schools, work in different jobs, and use segregated public accommodations, such as transportation and restaurants.
literacy test
A test to determine eligibility to vote; designed so that few African Americans would pass.
ordinary scrutiny test (rational basis test)
sex-based discrimination legal if REASONABLE and for a LEGITIMATE public interest.
– rational differential treatment; based on age
Plessy v. Ferguson
1896 Supreme Court ruling creating the separate but equal doctrine.
poll tax
A fee for voting; levied to prevent poor African Americans in the South from voting.
Reconstruction era
The time after the Civil War between 1866 and 1877 when the institutions and infrastructure of the South were rebuilt.
separate but equal doctrine
est in plessy; separate but equal facilities for whites and nonwhites do not violate the Fourteenth Amendment’s equal protection clause.
standing to sue
The legal right to bring lawsuits in court.
strict scrutiny test
for suspect classification based discrimination;
legal if NECESSARY to achieve a COMPELLING public interest
– race and religion
suspect classifications
Distinctions based on race, religion, and national origin, which are assumed to be illegitimate.
white primary
A primary election in which a party’s nominees for general election were chosen but in which only white people were allowed to vote.
shephard + byrd
hate crime prevention act
1980s
- state & local govs start prohibiting discrimination based on sexual orientation + equal protection laws
- antisodomy laws
bowers v. hardwick (1986)
upholds antisodomy law in georgia
lawrence v. texas
→ overturns bowers
us v. windsor (2013)
states change definition of marriage
→ only heterosexual marriage unconstitutional bc equal protection clause
obergefell v. hodges (2015)
→ denying marriage violates equal protection clause → TLDR: gay marriage legal & religious freedom does not allow discrimination
new amendments during reconstruction
13- no slaves
14- voting
15- citizenship
civil rights act of 1866
defined citizens as natural born & can sue, own property, serve as witness, enter legal contracts
enforcement act
penalties on interference with right to vote
civil rights act of 1872
(anti kkk) federal crime to deprive anyone of constitutional rights
1883 scotus
- cant prevent discrimination from private individuals
- 1875 civil rights act unconstitutional
civil rights movement
boycotting, peaceful demonstrations, voter registration drives, sit-ins, emphasis on education, marches
selma march
televised, most violent
1965 watts riots
cops pull over drunk black driver
bakke v uc davis
→ race cannot be the sole and only consideration for admission
university of michigan (2003)
race cannot be the main overriding factor of admissions + must use strict scrutiny
waves of womens rights
- early 1900s : suffrage
- 60s : equal rights
- 20th cent. : glass ceiling
2014 micheal brown & 2012 treyvon martin
department of justice report → blacks are oppressed, little trust with law enforcement, use of lethal force
blm backlash
all lives matter , blue lives matter
civil rights act of 1964
protects african americans from discrimination in public places
voting rights act 1965
ban unfair voting practices (literacy tests)
fisher v university of texas (HORNS DOWN 👎👎)
race can be one factor of many, diversity is ok ✅
