Chapter 5: Civil Rights and Puplic Policy Flashcards
Equality of results
Or equal rewards
Resources and materials are distributed equally
14th amendment applies to inequality
Forbids denying anyone equal protection of the laws
Equal protection of the laws
Part of the 14th amendment emphasizing that the law must provide equivalent protection to all people
Three levels of scrutiny
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)
Era of slavery
From the start of slavery to civil war and 13th amendment
Scott v. Standford
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
13th amendment
The constitutional amendment ratified after the Civil War that for bade slavery and involuntary servitude
Ends era of slavery
Era reconstruction and resegregation
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
Jim Crow laws
Reconstruction era & resegregation
Segregation laws on African Americans that relegated African-Americans to separate public facilities, school systems, and restrooms
Plessy v. Ferguson
Era of reconstruction & resegregation
Constitutional justification for segregation requiring separate but equal accommodations
Era of civil rights
From start of legal prohibition of a few discriminatory practices to later
Brown v. Board of education
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
Equality of Oppertunity
Everyone has the same chance
But results vary
Poll Taxes
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
White primary
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
Shelby county v. Holder
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
Native Americans
Dawes Act- works to assimilate native Americans into mainstream
NARF- Native Americans Rights Fund to win land and hunting rights
Hispanics
Hernandez v. Texas- extended protections from discrimination through 14th
(from brown v. Board maybe)
Asian Americans
Korematsu v. US
Arab Americans and Muslims
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
Doldrums
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
ERA
Equal rights amendment
Second Feminist Wave
1950s and 60s
Reed v. Reed
The landmark case in 1971 in which the Supreme Court for the first time I’ve held a claim of gender discrimination
Craig v. Boren
In this 1976 ruling the Supreme Court establish the medium scrutiny standard for determining gender discrimination
Women in the workplace- civil rights act of 1964
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
Virginia Military Institution
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
Sexual harassment
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
Old people
1975- deny funds to people discriminating against people over 40
Compulsory retirement at 70
Rational basis test
People with disabilities
Americans with disabilities act
People with AIDS
are not considered disable if they’re able to function normally when they take their medicine
Homophobia
Fear and hatred of homosexuals
Don’t ask don’t tell
DADT
New policy that barred Pentagon for masking military recruits or service personnel to disclose their sexual orientation
Regents of University of CA v. Bakke
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
Grutter v. Bollinger
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
Adarand Constructors v. Pena
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
Reverse discrimination
argument that any race or gender discrimination is wrong even if it’s purpose is to rectify past injustices rather than to reinforce them
