Chapter 5: Civil Rights Flashcards
Civil rights
For previously disadvantaged groups (racial, gender, age, disability, sex)
Strict scrutiny test
Classification by race and ethnic background is inherently suspect and must be justified by a “compelling public interest
Reasonable classification
Government must have power to make reasonable classifications between persona and groups
13th amendment
Ended slavery
14th amendment
Native born are citizens
Equal and due process clauses established
15th amendment
African American males can vote
Plessy v Ferguson
Separate but equal
Brown v Board of Education
Racially segregated schools inherently unequal
Equal protection clause used to reverse Plessy decision (equal protection)
Civil Rights Act of 1964
Made public discrimination illegal
Methods of disenfranchising
Literacy tests Grandfather clauses Poll taxes White primaries (ended with 24th amendment)
Voting Rights Act of 1965
Outlawed literacy tests, increased black voter registration in aouth
Seneca Falls Convention 1848
Adopted resolutions calling for the abolition of legal economic and social discrimination against women
19th amendment
Women right to vote (1920)
Equal Rights Act
(1972) women equal rights
Never passed
Equal pay act
Comparable worth
Reed v Reed
Sex classifications violate 14th amendment
Begins intermediate court scrutiny
Affirmative Action
Required federal agencies, universities, and employers to take steps to remedy past discrimination (Johnson’s executive order)
Bakke Case (1978)
Racial quota system violates equal protection clause of 14th amendment
(Can be used as part of criteria)
New Groups
- Graying of America
- American Disabilities Act
- “Don’t ask, Don’t tell” in military (1993-2011)
- Gay marriages (DOMA ends)
What is a legal difference between dejure and de facto segregation?
De jure segregation is illegal based on supreme court decisions
What constitutional provision has been used to strike down discrimination in public accommodations?
Article 1 section 8’s commerce clause
Comparable worth is based on the idea that comparable wages should be paid to?
People performing jobs requiring comparable skill
Korematsu v US was a case involving race as a suspect class that?
Upheld discrimination by the government based on race, regardless of a strict scrutiny test
If a law treats people differently based on their gender, the courts will?
Apply the intermediate scrutiny test to determine the law’s constitutionality
