Chapter 5: Civil Rights Flashcards
What are Civil Rights?
Protect minorities against discrimination; Rights that protect those that have been historically discriminated against
ex. Brown vs Board of Education
What are Civil Liberties?
Protect your bill of rights
ex. Engel vs Vitale
Where is equal protection under the law found?
In the 14th amendment
What is the classification ‘inherently suspect’?
Blatant discrimination, from gender to age to race, etc
What is the classification ‘intermediate scrutiny’?
Difficult to judge whether it is discrimination or not, usually gender issue
What is the classification ‘reasonable’?
Legitimate purpose for why you have been denied something
What in the constitution pertains to African Americans?
Slaves are property; 3/5 compromise
What does Sanford vs Scott do?
Says that no black man, free or slave, has rights
What does the 13th amendment do?
Abolishes slavery and overturned the 3/5 compromise
What does the 15th amendment do?
Voting rights for all races
What does Plessy vs Ferguson do?
Establishes that separate is equal, which leads to Jim Crow laws and segregation
What does Brown vs Board of Education do?
Overturns Plessy vs Ferguson, and says that separate is not equal; class action lawsuit; NAACP supplied an amicus curiae brief, as well as a lawyer
What is an amicus curiae brief?
When someone who is not a party to a case and offers information that bears on the case, but who has not been solicited by any of the parties to assist a court
What is the Little Rock 9 (1957)?
This is the first altercation with students who wanted to integrate, but were denied
When was the NAACP established?
1906
What did Rosa Parks do to help the Civil Rights movement?
She wouldn’t give up her seat on the bus
What does Swann vs Charlotte Mecklenburg County School (1971) do?
Busses had to be provided to promote integration in schools
What does the Civil Rights Act (1964) do?
Said that racial discrimination was illegal in hotels, motels, restaurants, and other public accommodations; also says that racial and gender discrimination is illegal with jobs
Who was responsible for the Civil Rights Act and the Voting Rights Act?
Lyndon B. Johnson
What does the Voting Rights Act (1965) do?
Prohibits racial discrimination in voting
Why was the Voting Rights Act (1965) implemented successfully?
Government employees went in and enforced it
What does Harper vs Virginia Board of Elections do?
No poll taxes; influenced the 24th amendment
What is de jure?
By law
What is de facto?
By fact
What does Korematsu vs United States do?
Said it was legal to put Japanese in internment camps. Took away the basic rights of the Japanese people
What does Hernandez vs Texas do?
Ruled that Hispanics had to be allowed on juries as they weren’t previously
Why did some women think the 19th amendment wasn’t necessary?
Because the 14th amendment says there is equal protection under the law
When does the Equal Rights Amendment (ERA) come up?
1923, didn’t have a lot of support; comes up again in 1972 but doesn’t get passed
What is the result of Reed vs Reed (1971)?
Gender cannot be the sole factor in custody hearings
What does Craig vs Boren do?
This had to do with gender classifications when it came to alcohol; Ruled that by the 14th amendment there could be no arbitrary classification based on sex
What does the Equal Employment Opportunity Commission (EEOC) do?
Outlines specifically what you can’t discriminate on; says you are allowed to sue based on gender discrimination; includes Title IX
What does Title IX say?
There can be no sex discrimination in federally subsidized education programs, including athletics; each sport gets equal opportunities, need based
What does Faragher vs City of Boca Raton (1990) do?
Employers are responsible for preventing and eliminating harassment at work
What is the “Glass Ceiling”?
An imaginary barrier in advancement in jobs for women
How are the elderly and the youth discriminated against?
They are usually denied jobs because of their age
What does the Americans with Disabilities Act (1990) do?
- prevents discrimination in employment
- must provide ‘reasonable accommodations’ for those with disabilities (ex. wheelchair ramps, handicapped parking and bathroom stalls, etc)
What is affirmative action?
Providing more opportunities in employment and other applications in order to rectify previous discrimination against minorities
What does Regents of University of CA vs Bakke do?
Says that affirmative action is allowed but you cannot set quotas
What does United Steel Workers of America, AFL-CIO vs Weber do?
Court permits special training on racial discrimination to rectify years of past discriminations
What does Adarand Constructors vs Pena do?
- federal programs cannot define/separate by race
- no affirmative action when it comes to federal money
What does Gratz vs Bollinger do?
- the court struck down University of Michigan’s policy of giving minorities an automatic 20%
- says affirmatve action has to be reasonable and cannot be the sole purpose of being admitted
