Civil Rights Flashcards

1
Q

Use of pressure groups racial legal sc

A

Coalition to defend affirmative action, interation immigrant rights, fight for equality for any means necessary- case in 2014 ban on aa in michigan state constitution
Schuette v. Coailtion

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2
Q

Amicus briefs on racial case

A

Mroe than 60 for turmp v hawaii 2018- regarding travel ban- groups such as naacp

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3
Q

Protests for righst

A

Blm after death young african american men at hands of police
Hispanic/latino comun8ity led protsts against trump exec order seperate families
2017 womens march 200,000 people washington to protest afyer trump inauguration and fights womens rights

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4
Q

Roberts on aa

A

The best way to stop discrimination on the basis of race is to stop discriminating on the basis of race

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5
Q

History ammenments

A

1865- 13th ammendment- abolitin of slavery
1868- 14th ammendment- equal proetction of the laws
1870 15th ammendment- black men given right to vote

But late 1870s jim crow laws- south ignroed 13th- 15th ammendments seieng segregation ect

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6
Q

Sc cases histoy

A

Plessy v furgerson
Brown v board

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7
Q

Plessy v fergurson

A

1896
14th ammendment
Roots in conrtoversy over public transport
Plessy- mixed race went deliberately went into whiet cariage to get arrested
Sc ruled against plessy 8v1- seperate but equal

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8
Q

Brown v board

A

1954
Overturned seprate but equal
14th ammendment
Removed segreageion in schools- unanimous
Overtyurn plessy v furgerson

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9
Q

History acts

A

1964 civil rights act- outlaw any discrimination emp accom esp on race
1965 vooting rights act there can be no restrictions on right to vote- ie voter id

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10
Q

Affirmative action

A

Measures taken by gov to discriminate positively in favour of african americans in areas such as education and employment
Despite legilsation 1960s desire give equality of opportunity, equality by end result not achieved
Thus aa give adv to racial groups that were previously disav
1965- president jobnson- equality as a fact and a result

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11
Q

Cases on aa

A

Uni of california v bakke
Gratz v bollinger- same year 2003 grutter v bolllinger
Fisher v texas
Students fofr fair admissons v harvard

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12
Q

Uni of california v bakke

A

1978
Sc rulled bakke white applicant refused a place at a medical school where 16% places reserved disadv groups
Use race as factor
Quotas unlawfu

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13
Q

Gratz v bollinger

A

2003
Points system used by uni of michigen was unconstitution

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14
Q

Grutter v bollinnger

A

Race used used as one factor if brought ‘education benefist that flow from a diverse student body

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15
Q

Fisher v texas

A

2013
Aa pass strict scrtiny
Only ocnt if ensure student body

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16
Q

Students for fair admission v harvard

A

2023
Race no longer considered a factor for uni adimssions
Justice clarence thomas- found patronising
Biden- strongly disagreed with ruling as discrim still exist- this is not a normal court

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17
Q

Arguments for aa

A

Compensates pass injustices- plessy v furgurson
Best way to move beyond theories of equality of opportunity to equality end result
Vp johnson
But now out of date?
It works and could be achieved more in future
Effective way to create diverse student body- fisher v texas 2013

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18
Q

Against aa

A

Unfair and goes against core american values- vigilance gov to much intervention, goes agianst 14th ammendment
Out of date- moderate con, always meant to be temporary
Doesnt work- counterproductive- robersts fighting discrimination with discrimination, clarence thomas condenceing as people actions only beacuse of aa
Focus on group rather than rthan individ- cor con idea, blyunt instrument, class rather than rcae

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19
Q

Affrimative action has been sucessfl

A

2003- bollinger ruling- uni of michigan provedaa sucessful cntribute to more integrated society- justice o connor- aa had and will continue for apporx 25 y
Fisher v texas- aa sucesd in creating racially diverse student campus
2014- schuette case- 3 states have banned aa- florida california and michigan hae see nsignif decrease in no black and hispanic sgtudent senrolling
Increases education- sotomayor states that it was aa got her into ivy league through special door
Increase employment in white collar jobs
Professor orlando paterson of harvard- aa amecia now a post raicial society

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20
Q

Aa not sucessful con argument

A

Increased racial differences andtensions
Clarence thomas- gov commitment make less equla, illogocal treat discrimination with discrimination
Uninetnded consegences, increase dividiosn on uni cmapus, achivements undermined

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21
Q

Aa not sucessful lib

A

Still great inequality between races balck americans x2 than white americans to be unemp
Aa focus on uni and employment tooo late as soico econ diff from birth
Aaa too weak

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22
Q

Immigration timeline

A

2006- comprehensive immigration reform act- failed
2010 dream act- failed
2012- daca
2014- dapa
2016- trimp promosed
2020- biden won
2021- biden onroduced bill into congress
2024- imigration top issue nov election

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23
Q

Comprehensive imigration reform act

A

2006
Combined strict enforcement- tight border controls with guest worker programs and path to citizenship
Passed in senate but failed in ouse
Later attempt failed in 2013

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24
Q

Dream act

A

2010-
6y period of concilliation from states to illegal immigrants brought into usa as children- green card eligable to citizenship
Passed in house yet defeated by gop filibuster in senate

25
Q

Daca

A

2012
Exec order as dream act not passed
Temporarily remove threat of deportation for over 1 million people in usa as children
2016 due to end yet extended due to legal challenge

26
Q

Dapa

A

2014
Temporarily remove threat of deportation and right to work for millions more- parents of children brought in as young children
Us v texas 2016 blocked dapa

27
Q

Trump promised

A

Repeal dapa
Make deportation of all 11 million immigrations a proority
Build a wall on us mexico border

28
Q

2020- biden won

A

Promise a fair and humane imigration sustem

29
Q

Immigration top issue nov election

A

Current bill marks 2024 senate props failed mike johnson stated ‘dead on arrival’-

30
Q

Why is immigration such a controversial issue

A

Scale of illegal immigrations and demographic change
Issue taken sc serious
Attemps imigration reform fialed
Clash fed and state laws
Caused division between and within policitical parties

31
Q

Scale of illegal immirgants and changing demographics

A

Illegal imigranst 11.2 mill
Overall proportion of hispanic in usa- over 17% but increasing rapidly
Becomae crucial voting bloc in us electiosn and both parties are awae that immigration reform impoosible for latino voters

32
Q

Immigration taken to sc

A

Plyer v does 1982
Arixona law prohibited
Arziona v us

33
Q

Plyler v does

A

1982
5-4 sc children of illegal immigrants had right to use is public sevrices
Arizona law upheldd in chamber of commerce v whiting 201

34
Q

Arizona v us

A

2012- sc sturck donw most constiroversal aspects of sb 1070 law- an offence for non citizens not to carry immigration papers and enhanced police powers to stop and seach

35
Q

Attempts on imiigratoin reform have filed

A

Gwb and obama attempt with dream and dapa

36
Q

Clash fed and state law- immigraion

A

Percieved inactivity of fed gov to deal with problem led to some states add more rigerous leilsation- arzona sb1070
Whilst some states more lenient approach- sancturary states- more tolerant aporach to illigal immigration

37
Q

Immigration diff issue- partisan issue

A

Lib advocate patrh to citizenship for undocumented immigrants but many con regard policy as reward for law brkaking and want ough measures inc deportantions tighter border controls

38
Q

Representation diversity in congress

A

Cnn 118th congress- no other congress has ever looked like this
28% house 12% senate- black hispanic asain amefican multiracial
White 73% congress, 59% us poop
28% women record but still low
13 lgb

39
Q

Exec represenattion

A

Biden cabinet most diverse ever
Trump least diverse cabinet since goereg bus hsnr- inc one hispanic acosta lab sec, 1 aa ben carson housing
Lgb appt 1st ever black cabinet member

40
Q

Sc diversity

A

Lbj appt first black meber 1967
Sc most diverse now- 2aa thomas and borwn jackson
1 hispanic sotomayor
4 women

41
Q

Voter id laws in us

A

Voting righst act 1965 proevent aainst any policu that could lead to racial divison in oting
Yet voters in 7 states need photo id- diving licence, passport military id
Texas voter id law disadv aa and hispanic- yet fed jjust 2016 ordered state to assist people who did not have one of acceptable forms of id
Opp stict photo id- disporpo affect minority young- 1/10 no voter id, 1/4 aa, 1/5 hispanic
Early voting decreased- now reduced i=onlyl in 6 states

42
Q

Comparative constitutions and judiciaries usa

A

Usa more ffective
Constitution bill of rights and ammendments 914yth) strike down laws if restirct civil liberities and break constituon
Us constition entrenced
But neutrality of judges- usa extent of judicial protetion of righst depnds on ideological leanig of judges themselves
Con more limited than lib
Finely balanced court can go either way- shelby v holder agianst whilst obergefell v hodges y

43
Q

Comparative constituions and judiciaries uk

A

Abence of codified constition judges protect ights through ruling hra and ultra vires
Can be easly ammeneded- could remove hra but too controversial
Decelarations of incompailtiblity often followed yet not always rwanda

44
Q

Pg adv us rights protetction

A

Courts stronger- aclu and naacp v high rpofile usd courts sucessful inc amicus pbreifs (148 oberferfell0
More access points us- even in divided gov have diff chamber or president

45
Q

Uk pg rights protetcion

A

More centralised gov but develolved bodies increased- scot trans rights
Us legacy of slavry and relatively late abolition segreagtion, trump shelb y voter id, aboliution aa

46
Q

Rational comparaive

A

Judeges using own beliefs esp us as iinterpret constituion

47
Q

Structural comparatve

A

Codified
Polictial system
Access points

48
Q

Cultural comparative

A

Uk more accepting respect for rights usa
Us stornger sturcture protect rights

49
Q

Naacp sucess

A

Brown v board
Help america bote act 2002
Civil rights act of 1964

50
Q

Aclu impact

A

Active in all states
Involved in 100 new criminal justice reform bills across usa in 2018 alone

51
Q

Civil rights electioneering

A

The collective to was formed in 2016 to address the lack of black candidates for elected positions

52
Q

etv that campaigns for teh protection of racial rights have been largely unsucessful in the usa

A

Loa- y

Congress
Presidenr
Sc

53
Q

Campaign protection racial righst unsucessful inrto

A

America diverse nation with wide range ethnicities- thus ipmprotant- and with history of slavery, civil righst movement in 1960s, formerly segregation complex, yet ammendments
Campaigsn by pg and politicians seek to highlight need greater rep, more compassionate immigration ocntrols, aa

54
Q

Camapiagn protection racial rights sucess- congress

A

Has power pass laws to protect minority ethiic groups=- landmark bills such as 1964 and 1965 acts- outlawing discrimination and restrictions on voting respectively
Broader civil rights campaigns sucess as influence legislature
Congress itself diverse- 28% house non white, enhancing rep function, maintain an campaign for protection of racial rights
African american caucaus- protect african american members of public

55
Q

Campaign protection of racial rights unsucess congress

A

Congress lacking in accurate rep=- congress seiing 77% white members, pop is 60% limit extent to which cmapains for racial rights have been sucessful, congress not truly sucessful
1964 65 out of date- limited sucess recent years
Partisanship in congress seen two polarised parties fail to coopp with 2013 bill on immirgation reform- ath to citizenship failing due to gop opposition- a party often staunchly against immirgation
2021- democrats attempted to updtae voting rights act further- yet due to increased partisanship- exacerbate already challenging process passing legislation

56
Q

Racial rights campaign sucess president

A

Presidet stes agenda- jfk progress civil rights, biden inspird blm push forward immirgation reform and racial equality- exec order on advance racial equlaity- reverse trump policy on limitd diversity and inclusion training programmed
Exec order- daca 2012 and dapa 2014 end deportation young illegal immirgants enter usa as children and dapa for parents

57
Q

Racial rights campaigns unsucss president

A

Dapa fail sc us v texas 2016
President may actually revese campiagns for protection racial rights- trump inflamed racial debate- muslim travel ban- critic by un high comsioner and building us mexico broder

58
Q

Sucesss campaign racial rights- sc

A

Landmark riling ssponsored by pg campaign- naacp in brown v board case- removed segreagtion in schools
Uphold aa in 2016 texas v dihsr case
Racial diversity of court improve— 2 aa, 1 hispanic- advance racial righst through interpretation constitution

59
Q

Sucess campaign racial rights- no sc

A

Sc more diverse- more con- 6v 3 split- led to more con rulings sc strike down aa 2023 students for fair admission v arvard- how cmapigains by pg such as students for fair admissions aim reverse portection raicial rihgts
Individ biden and justci sotomayor express conccerns at removal of aa, sotomayor herself benefit from it
Landmark- brown v boar- sc strike dwon measures proetct racial rights- 2013 shelby v holden reverse key aspects 1965 voting righst act- allow draconian voer id laws disproportioantely affect minoritoes
Need passport or deivers licence