Chapter 5 Notes Flashcards
This forbids states from denying equal protection to citizens
14th amendment’s equal protection clause
What did the Browns v. Board of Education of Topeka do?
It banned forced segregation in schools
The Supreme Court encouraged what as a solution to segregation?
Busing.
Which amendment played a big role in civil rights?
14th amendment
Which time period saw more segregation, 1959 or 2009?Why?
- Because forced integration caused white flight to suburbs creating substantially black city schools
What are the 2 major judicial tests of equal protection?
- Strict-scrutiny test
2. Reasonable-bias test
Suspect category– assumed unconstitutional in the absence of an overwhelming justification
Strict scrutiny test
What is applied to the strict scrutiny test?
Race and ethnicity
Loving v. Virginia applied what judicial test of equal protection?
Strict scrutiny test
Not suspect category– assumed constitutional unless no sound rationale for the law can be provided, applies to age, income, etc
Reasonable-bias test
What is applied to the reasonable-bias test?
Age, income, etc
Why don’t 14 year olds have the right to object that they can’t buy alcohol until they’re 21? (What test is used and why)
Reasonable-bias test
The state has a REASONABLE interest in restricting something based on age
Almost suspect– assumed unconstitutional unless the law serves a clearly compelling and justified purpose
Intermediate scrutiny test
What is applied to the intermediate scrutiny test?
Gender
Although the government cannot have discriminatory laws on the books, what can’t SCOTUS stop?
Private business
SCOTUS lack of control with private business and knowing that they have gone about as far as they can go leads to what?
Legislative branch: Congress HAS to look at inequality in society and take action
How did Congress take action to combat the inequality through private sectors?
The Civil Rights Act of 1964
What did the Civil Rights Act of 1964 provide for?
- Public accommodations cannot refuse to serve customers on race
- Most employers cannot refuse to consider applicants based on race
The impetus behind the Civil Rights Act of 1964?
The black civil rights movement
Rosa parks refusing to give up her seat led to what led by who?
Busing boycott led by Martin Luther King Junior
MLKJ led what march?
March on Washington for Jobs and Freedom
What had to deal with prevented entry into segregated high school by Arkansas Governor?
Little Rock Nine
What president intervened with the Little Rock Nine situation and how did he intervene?
Dwight D Eisenhower
- Ordered Arkansas National Guard, now under his order because they were called to service, to maintain peace in integration
Eisenhower put what decision into practice?
Brown decision
- Prevented entry into University of Alabama by Alabama Governor
- JFK Intervention
James Meredith
Significant aspect of the James Meredith situation?
Applied the Brown decision to colleges
When do federal powers intervene?
To unify the law of the land when local/state governments don’t comply
Gave a speech on the March on Washington what speech
Martin Luther King Junior
“I have a dream”
- Baptist minister
- Southern Christian Leadership conference
Martin Luther King Junior
MLK preparing peaceful protest for voting rights. Effort met with resistance and violence ensued, this was?
Bloody Sunday
Worked for the black civil rights movement in Chicago (the north)
Jesse Jackson
When was MLK assassinated?
April 4, 1968
The Civil Rights movement had an enduring impact on the division of what?
Political parties
What is the greatest predictor of your political party
What party your mother was in
Women acquired the right to vote in what year with what amendment?
1920 with 19th amendment
This amendment passed congress but failed ratification a narrow margin of like 3 states
The Equal Rights Amendment
Who wrote “A vindication of the Rights of Women” and in what year?
1792
Wollenstonecroft
Women’s suffrage was achieved when and with what?
1920
19th amendment
What effort was made for equal rights by Hispanic Americans?
Farm worker’s strikes in 1960s and 1970s, largely for migrant workers rights, most success in California.
Who led the Hispanic farmers strikes
Ceasar Chavez
When were Native Americans granted citizenship
1924
The protests in the 1970s led to what?
Native Americans gaining greater control over their own affairs
Native Americans didn’t become part of the civil rights movement until 1972 with what
Trail of Broken Treaties
In 1968 congress enacted this which gave those on reservations similar constitutional guarantees to Americans
1968 Indian Bill of Rights
SCOTUS ruled that placing public school kids who have a primary language that’s not english in regular classrooms without special help violates the Civil Rights Act
Lau v. Nichols
In the 1940s in reference to voting SCOTUS ruled that what was unconstitutional?
Whites-only primary elections
The banning of whites only primary elections in the 1960s led to what 20 years later?
24th Amendment prohibited poll taxes
- Allowed federal agents to oversee voter registration
- States prevented from creating election districts that deliberately dilute the minority vote or to give it control
Voting Rights Act of 1965
This case weakened the Voting Rights Act of 1965 significantly
Shelby County v. Holder
What happened with Shelby Co v. Holder
Invalided part of the Voting Rights Act of 1965 with a formula for determining which states and counties were subject to federal oversight (these formulas were “obsolete statistics”)
Eliminates the requirement that some states and counties receive federal permission before they can make a change in their voting process
Shelby Co. v. Holder
From the 1960s and forward, SCOTUS was very strict on anything that would restrict access to the ballet. What about now?
This trend has reversed in recent years ex: showing picture ID at voting ballots
- Addresses discrimination in housing, cant deny housing based on race, religion, ethnicity, sex, etc
The Civil Rights Act of 1968
The poll tax what was kind of discrimination?
De facto
Redlining is what kind of discrimination?
De jure
The Civil Rights Act of 1968 prohibits what?
Redlining
Is housing segragation better or worse now after the Civil Rights Act of 1968, and why
Worse. Because before redlining was banned blacks couldnt get mortages, the sellers had to drop the prices of their houses because no one was selling them, which led to home value to decrease, which led to the white flight to suburbs, which led to a mainly black and poor area
Affirmative action focuses on
“Equality of Result”
Social, economic, and cultural bias discrimination
De facto
Specific law discrimination
De jure
Full and equal opportunities for all in education, employment, etc. Levels the playing field
Affirmative action
What were the problems with the Civil Rights Act that led to Affirmative Action
- Put a burden on the minority to prove discrimination and court victories didnt help groups
SCOTUS issued 1st affirmative action ruling with this case
University of California Regents v. Bakke
What happened with University of California Regents v. Bakke?
White guy rejected by medical school that took preference over minority groups. SCOTUS ruled that the school violated Bakke’s right to equal protection because it had a fixed number set aside for minority applicants
In this case SCOTUS overturned an earlier ruling that upheld a federal policy that set aside a certain # of federally funded constriction projects for minority owned firms
Adarand v. Pena
In Adarand v. Pena, what did SCOTUS decide (after they overturned an earlier policy)
Past discrimination cant justify granting an advantage to a minority owned firm that hasnt been the direct victim of this discrimination
What were some of the aftermaths of the civil rights movement for African Americans
- Continuing high disparity in income
- Discrepancies in convictions and sentencing
- High rate of dissolution of black families
- Movement into political office
With the deal with Affirmative Action, if, lets say, a college is challenged in court, they must do what?
It is THEIR responsibility to prove their case for the policy to be upheld
Placed the issue of affirmative action into the voters hands in the states
Schuette v. Coalition to Defend Affirmative Action
What are some job related issues with women?
- lack of job equality
- family leave
- gender pay equality
- sexual harassment
This would have given women and men equal pay for jobs that require a similar level of training and education
Comparable worth policies
Most single-parent homes are headed by? And how many of these are below the poverty line? Which leads to what concept?
Women ; 1 out of 3
- feminization of poverty
US policies towards Native Americans have focused on what
Fostering self government and self-sufficiency. Preserve NA culture
Casinos on reservations bring economic opportunities but also controversy, why?
Gaming culture erodes tribal traditions
One of the oldest ethnic groups in the US, most immigrants are this or are descendants of this
Hispanic Americans
Fastest growing minority in the US, surpassed African Americans as the nation’s largest racial/ethnic group
Hispanic Americans
About how many Asian Americans?
12 million
Asian Americans are the group with the highest median family income because of what factors combined?
- Emphasis on academic achievement
- High % of 2 parent families
Asian Americans are an upwardly mobile group, but what?
Significant discrimination hinders then from gaining high-level positions in companies
Invalidated state laws banning gay sex
Lawrence v. Texas
This was repealed in 2010, gays and lesbians can now serve openly in the armed forces
Don’t Ask, Don’t Tell
In 2013 SCOTUS invalidated part of what act, allowing same-sex couples what?
Defense of Marriage Act
- the same federal benefits as heterosexual couples
First state to legalize same sex civil union
Vermont
First state to legalize same sex marriage
Massachusetts
What age group most supports gay marriage
18-29
The Civil Rights Act of 1964 protects who and not who
Race and minorities
BUT
not the gays
These acts prvented discrimination against hiring old people where age wont affect their performance
Age Discrimination Act and Age Discrimination in Employment Act
Disability protections, accessibility requirements by the federal government
Americans with Disabilities Act of 1990
Americans high ideals clash with what and we avoid what
Clash with history
- we avoid telling the negative aspects of American history
Gunnar Myrdal said discrimination was what
“America’s curse”
