Chapter 5: Civil Rights and Puplic Policy Flashcards

1
Q

Equality of results

A

Or equal rewards

Resources and materials are distributed equally

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2
Q

14th amendment applies to inequality

A

Forbids denying anyone equal protection of the laws

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3
Q

Equal protection of the laws

A

Part of the 14th amendment emphasizing that the law must provide equivalent protection to all people

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4
Q

Three levels of scrutiny

A

Race classification
standard of review: inherently suspect (difficult to meet)
Gender classification
Standard: intermediate standard (moderately difficult to meet)
Other (age, wealth, etc.)
Standard: reasonableness (easy to meet)

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5
Q

Era of slavery

A

From the start of slavery to civil war and 13th amendment

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6
Q

Scott v. Standford

A

Era of slavery
Supreme Court decision ruling that a slave who had escaped to Freestate enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories

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7
Q

13th amendment

A

The constitutional amendment ratified after the Civil War that for bade slavery and involuntary servitude

Ends era of slavery

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8
Q

Era reconstruction and resegregation

A

From civil war to start of legal prohibition of a few discriminatory practices
First 10 years- strict conditions of former confederate states
until Rutherford Hayes was elected and pulled the troops out of the south beginning resegregation

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9
Q

Jim Crow laws

A

Reconstruction era & resegregation
Segregation laws on African Americans that relegated African-Americans to separate public facilities, school systems, and restrooms

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10
Q

Plessy v. Ferguson

A

Era of reconstruction & resegregation

Constitutional justification for segregation requiring separate but equal accommodations

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11
Q

Era of civil rights

A

From start of legal prohibition of a few discriminatory practices to later

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12
Q

Brown v. Board of education

A

Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the amendments guarantee of equal protection this case marked the end of legal segregation

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13
Q

Equality of Oppertunity

A

Everyone has the same chance

But results vary

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14
Q

Poll Taxes

A

Small taxes levied on the right to vote that often fell due at the time of the year when poor African-American sharecroppers at least cash in hand this method was used by Southern states to exclude African-Americans from voting

declared void by 24th amendment
Applied to states later in Harper v. Virginia

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15
Q

White primary

A

One of the means used to discourage African-American voting the permitted political parties in the heavily Democratic south to exclude African-Americans from primary elections the sea priming them of the voice in the real contest

declared unconstitutional in 1944 in smith v. Allwright

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16
Q

Shelby county v. Holder

A

Voting restrictions- read paper from class

Court held that Section 4 of the Voting Rights Act imposes current burdens that are no longer responsive to the current conditions in the voting districts in question

17
Q

Native Americans

A

Dawes Act- works to assimilate native Americans into mainstream

NARF- Native Americans Rights Fund to win land and hunting rights

18
Q

Hispanics

A

Hernandez v. Texas- extended protections from discrimination through 14th

(from brown v. Board maybe)

19
Q

Asian Americans

A

Korematsu v. US

20
Q

Arab Americans and Muslims

A

They have been subjected to increasing associates vandalism small and large since September 11 attacks

the FBI detains them in 2004 Scotus allows detainees the protection against suspension of writ of habeas corpus

21
Q

Doldrums

A

1920-1960
Did more to protect women then enforce equality shorter working hours (but also limits competition) reflected and reinforced additional gender roles give them more time at home
forced husband to pay child support
support traditional motherhood

22
Q

ERA

A

Equal rights amendment

23
Q

Second Feminist Wave

A

1950s and 60s

24
Q

Reed v. Reed

A

The landmark case in 1971 in which the Supreme Court for the first time I’ve held a claim of gender discrimination

25
Q

Craig v. Boren

A

In this 1976 ruling the Supreme Court establish the medium scrutiny standard for determining gender discrimination

26
Q

Women in the workplace- civil rights act of 1964

A

Band gender discrimination in employment

EEOC could sue employers suspected of illegal discrimination
in 1978 the pregnancy discrimination act
in 1991 the Civil Rights and Women’s Equity in Employment Act proof hiring practices are not discriminating

27
Q

Virginia Military Institution

A

1996 Scotus declared that Virginia’s categorical exclusion of women from education opportunities at the state funded VMI violated women’s rights equal protection of the law

28
Q

Sexual harassment

A

Unwelcome sexual advances, requests for sexual favors, verbal and physical conduct in a sexual nature
creates an unwelcome, intimidating, hostile, offensive, or uncomfortable work environment

29
Q

Old people

A

1975- deny funds to people discriminating against people over 40
Compulsory retirement at 70
Rational basis test

30
Q

People with disabilities

A

Americans with disabilities act
People with AIDS
are not considered disable if they’re able to function normally when they take their medicine

31
Q

Homophobia

A

Fear and hatred of homosexuals

32
Q

Don’t ask don’t tell

A

DADT

New policy that barred Pentagon for masking military recruits or service personnel to disclose their sexual orientation

33
Q

Regents of University of CA v. Bakke

A

Aff. action
A 1978 Scotus decision holding that a state university cannot admit less than qualified individual solely because of their race

but could consider it as an element
No quota

34
Q

Grutter v. Bollinger

A

Found that the law schools use of race as a plus in the admissions process was nearly tailored and that it made individualistic holistic admission reviews of applicants in a non mechanical fashion

In response Michigan banned aff. Action in 2006

35
Q

Adarand Constructors v. Pena

A

Aff. Action

1995 Scotus decision holding that federal programs that classify people by race even for an ostensibly benign purpose such as expanding opportunities for minorities should be presumed to be unconstitutional

36
Q

Reverse discrimination

A

argument that any race or gender discrimination is wrong even if it’s purpose is to rectify past injustices rather than to reinforce them