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US Politics Summer Exam > Race and Politics > Flashcards

Race and Politics Flashcards

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1
Q

Case regarding AA at Texas uni - what did it uphold?

A
  • Fisher v University of Texas (2013 + 2016)
  • In 2013, they ruled that AA must fulfil strict scrutiny in order to be constitutional.
  • In 2016, they ruled that their AA plan did fulfil strict scrutiny.
  • Upheld Grutter v Bollinger 2003.
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2
Q

Case concerning Michigan’s state constitution

A
  • Schuette v Coalition to defend Affirmative Action 2014
  • Ruled that Michigan’s state constitution banning of AA was constitutional.
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3
Q

Case that partly dismantled the 1965 Voting Rights Act

A
  • Shelby County v Holder 2013
  • Made it so states that used to have to get pre-clearance on any changes to their voting systems because of a racist history would no longer have to do so.
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4
Q

Stat about the impact of Shelby County

A
  • 5 years later over 1000 polling stations were closed in areas of majority African American population.
  • Immediate impact seen in Texas and North Carolina.
  • In North Carolina they implemented strict new voting laws like getting rid of same day voter registration and voter ID standards. this “targeted African Americans with surgical precision.”
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5
Q

Case Segregating schools

A

Plessy v Ferguson 1896.

schools must be “separate but equal”

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6
Q

Case de-segregating schools

A

Brown v Board of Education 1954

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7
Q

Case against Michigan university for AA where university won

A

Grutter v Bollinger 2003. 5-4 in favour of uni

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8
Q

Case against Michigan university for AA where university lost

A

Gratz v Bollinger - 2003

6-3 in favour of Gratz as AA wasn’t ‘narrowly tailored enough’

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9
Q

Muslim ban case

A
  • Trump v Hawaii 2018
  • Case on trump’s executive order.
  • After trump adjusted it a few times it was deemed constitutional.
  • TALK ABOUT HOW THIS AFFECTS PEOPLE WITHIN THE US.
  • Eg people can not be visited by family or friends and it affects the image of muslim Americans.
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10
Q

Obama’s constitutional immigration Executive order

A
  • DACA
  • Trump tried to rescind but the Trump v NAACP 2020 case ruled in favour of DACA.
  • Unlike proposed Dream act they would not have got citizenship, but work permit.
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11
Q

Obama’s Unconstitutional immigration Executive order

A
  • DAPA - temporary ban put in place by lower courts
  • then a split 4-4 decision in US v Texas so the ban was left in place
  • Rescinded by Trump
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12
Q

Citizenship Question

A
  • Department of Commerce v New York 2019.
  • Deemed unconstitutional
  • but not because it would have made many states underfunded and because it was a direct attack on illegal immigrants
  • but because the department lied about their intentions of the question and it violated the APA.
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13
Q

School case about assignment plans of racial segregation

A
  • Parents Involved in Community Schools v. Seattle School District 2007
  • Court ruled that the schools plans were not* *narrowly tailored enough and therefore unconstitutional
  • School were trying to increase diversity.
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14
Q

Court case about the firefighters promotion

A
  • Ricci v DeStefano 2009
  • Firefighters took test but were passed up for promotion because the black firefighters did not do well.
  • Court deemed this unconstitutional as they considered race too highly
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15
Q

Congress’ two most famous acts to protect minority rights

A
  • Voting Rights act 1965 - Prohibits racial discrimination in voting.
  • Civil Rights Act 1964 - any discrimination illegal
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16
Q

Congress’ act protecting minority religious groups

A

Religious Freedom Restoration act 1993 - prohibits any religious discrimination.

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17
Q

Gang of 8 Immigration Bill (didn’t pass)

Stat on how much it would have reduced US deficit.

A
  • Border Security, Economic Opportunity, and Immigration Modernisation Act of 2013.
  • Passed in the senate 14 republicans supporting, good bipartisan support but the house would not consider it as they were more right wing.
  • Estimated that it would have reduced the US deficit by $197 Billion by 2023.
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18
Q

Comprehensive immigration bill that didn’t pass

A
  • Comprehensive Immigration Reform Act of 2006.
  • Would have increased security at the border while also implementing ways for illegal immigrants to gain citizenship.
  • Didn’t pass as House and Senate could not reach an agreement.
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19
Q

Trump’s wall

A
  • affects people within the US.
  • Uses money that could be spent elsewhere
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20
Q

Trump’s comments in election

A
  • trump’s comments throughout his campaign against muslims, Mexicans etc indicates a disregard for minorities.
  • Then becomes mirrored in his supporters and slowly America in general
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21
Q

Trump’s comments on BLM

A
  • Calling BLM a symbol of hate, a marxist group
  • promised to declare Antifa a terrorist organisation while the KKK is not considered one.
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22
Q

Congress - House attempt at police reform

A
  • George Floyd Justice in Policing Act of 2021 -
  • Attempted in 2020 but would have never passed the senate.
  • Reintroduced in 2021, passed in the house and will be heard in democrat controlled Senate but likely to be fillibustered.
  • Contains the illegalisation of certain policing techniques like the choke hold etc.
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23
Q

What is partisan gerrymandering?

A

Redrawing district lines to give an unfair political advantage to a certain party.

24
Q

What is racial gerrymandering?

A

Drawing your district boundaries (house of rep elect 1 from each district) so that one race has the majority in each district

25
Q

Process Courts decide upon in gerrymandering

A
  • Judged by “compactness”
  • They see if any changes make geographical sense or whether they are suspiscously formulated and seem to have a negative effect on the minority population.
26
Q

Affirmative action gerrymandering

A
  • also possible to draw lines to promote majority minority districts to help representation in congress.
  • NAACP have advocated for this but SC have been sceptical of this too.
27
Q

What is cracking?

A

Splitting up groups of mass majority eg democrats or minorities into different districts so they are just outnumbered by white people or other party.

28
Q

What is packing?

A
  • Involves packing lots of members of the same party or minorities into one district so that they can win that district but few others.
  • Half of the voters will be pointless as they have already won so it will just minimise the amount of districts won.
29
Q

When and who designs district lines?

A

District lines are redrawn every 10 years by whoever has control of state government.

30
Q

What happened in North Carolina?

A
  • 48% voted Dem and 50% Rep but Dems only won 3/13 seats.
  • Thomas Hofeller redrew the district lines to pack minority groups but federal courts ruled it unconstitutional.
  • He then did it based on party and SC said it was out of their power.
  • Interesting court did not rule because they could have but it was partisan gerrymandering and a conservative majority in court.
31
Q

What happened in Shaw v Reno?

A
  • 1993.
  • Attorney General Reno decided that North Carolina needed to resubmit district plans to include a second minority majority district as they only had one.
  • They did this but it was deemed unconstitutional by SC because it was a very strange geographical shape.
  • 5-4 with conservative justices.
  • (AA case)
32
Q

What happened in Miller v Johnson?

A
  • 1995.
  • Decided on the premise of Shaw v Reno.
  • Georgia got another district and because of their 27% African American population but only 1 majority district they were asked to create another one.
  • It was deemed unconstitutional in a 5-4 conservative ruling.
  • (AA case)
33
Q

What happened in Bush v Vera?

A
  • 1996.
  • Again Texas tried to increase minority representation by creating 3 new African American majority districts and one already existing one African American
  • SC ruled it was unconstitutional.
  • (AA case)
34
Q

Black Lives matter campaign group

A
  • Started in 2013 as a hashtag. Formed as a reaction to police brutality, discrimination and wrongful killings.
  • They have a wide presence on social media and organise lots of protests.
  • They haven’t been massively successful in policy but after the death of George Floyd
  • the bill George Floyd Justice in Policing Act of 2021 has passed in the house and will be heard in the Senate.
35
Q

By any Means necessary campaign group

A
  • BAMN - 1995
  • To oppose University of California’s decision to abolish AA. They focus on AA and protesting SC where it is diminished. They tried to stop affirmative action getting banned in both California and Michigan. they have opposed SC rulings but haven’t been very successful. They have held successful protests, sometimes using force.
36
Q

National Association for the Advancement of Coloured People (NAACP) campaign group

A
  • 1909 in NYC after the 1908 Race Riot in Springfield, Illinois when the rate of US lynching of black people, especially men was at an all time high.
  • They are the most formal of the organisations, challenging laws in court and working with politicians.
  • They organise peaceful protests. Played active role in both Rights acts. Was effective in brown v board but couldn’t get federal anti lynching law passed. won in Trump v NAACP 2020
37
Q

American Civil Liberties Union (ACLU) campaign group

A
  • 1920. Appeared in front of supreme court. mainly use legal route. they also lobby congress to pass bills,
  • 2nd highest number of appearances in front of SC for an organisation.
  • In trump’s first year they brought 56 lawsuits.
  • Halted trump’s transgender military ban.
  • Won in Obergefell v hodges
38
Q

Antifa Campaign group

A
  • 1920s/1930s - anti fascism group that originated opposing fascism after ww2.
  • no official leadership.
  • tend to use violent protest tactics, Protested trump election,
  • counter protested at the Unite the right 2017 Charlottesville protest was on, with the car attack.
  • Little impact on policy as condemned by Gov, Trump has recently declared he wishes to deem Antifa a terrorist organisation.
39
Q

Dream Act

A
  • Congress have failed to pass the dream act on several attempts since 2001.
  • Would have given citizenship status to illegal immigrants
40
Q

Immigration Bill (gang of 8)

A

Border security, economic opportunity and immigration modernisation act of 2013

41
Q

How filibuster effects immigration reform

A

to overturn a Filibuster in the senate requires 60 vote supermajority.

42
Q

Supreme court impact on immigration reform

A
  • As congress have the main legislative power, if they are inactive it is hard for president to have big impact. eg Obama and DAPA-
  • Congress would not pass so he used an EX Order but then supreme court blocked.
  • The configuration of court has big role to play.
43
Q

partisanship in congress impact on immigration reform

A
  • If congress is partisan.
  • Eg Obama had rep senate and house so his reforms were derailed. Eg Border security, economic opportunity and immigration modernisation act 2013. or comprehensive immigration reform act 2006.
44
Q

Current Affairs effect on Immigration reform

A
  • Bush’s 2005 and 2006 comprehensive immigration reform would have been in the wake of 9/11 in 2001 so the country would have been less inclined to be sympathetic towards immigration.
  • Although the time it was a rep congress so probs wouldn’t have passed anyway.
45
Q

strict scrutiny

A
  • whether the law is narrowly tailored enough
  • whether it was passed to further a compelling governmental interest
  • whether it is the least restrictive option to achieve that aim.
46
Q

Compelling governmental interest

A

an interest is compelling if it is essential or necessary rather than preference or choice.

47
Q

Narrowly tailored

A

means whether the law was written just to fulfil its intended goals and place as few restrictions on 1st amendment rights as possible.

48
Q

Case where someone hired a minority company for the extra money they received because of this.

A
  • Adarand Constructors Inc v Pena 1995 -
  • Adarand put in a bid for some work, the guy hiring chose a company registered as a minority business - he gets money for hiring a minority business.
  • SC ruled with Adarand 5-4 that he would have got the work if it weren’t for the extra money
49
Q

What is the 13th and 14th Amendment?

A
  • 13th -making slavery illegal
  • 14th - guaranteeing equal protection before the law.
50
Q

How many black members of congress are there?

  • House
  • Senate
  • Total Black Senators throughout history
A
  • 58 Representatives in 2020. 13%
  • 3 Senators in 2020. 3%
  • 11 black senators throughout history. 0.6%
51
Q

What percentage of the US is Black?

A

13.4%

52
Q

Demographic of minority democrats and republicans in congress.

A

90% of ethnic minority congress members are democrats compared to 10% republican

53
Q

2014 US survey on AA

A

63% were in favour of AA in colleges.

54
Q

SC case where Trump tried to rescind DACA

A

Trump v NAACP 2020.

He failed to rescind.

55
Q

Case where the ban on DAPA was left in place

A

US v Texas 2016

56
Q

Case concerning California University

A
  • Regents of the University of California v. Bakke. 1978
  • It upheld affirmative action, allowing race to be one of several factors in college admission policy.
  • However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, were unconstitutional.

US Politics Summer Exam (6 decks)

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