The Concept of Race and Equal Protection Law Flashcards
What is the Equal Protection Clause (14th amendment)?
Laws should apply equally
Differences in race are not a justification for different laws
What is the relation between race and law?
Race is first socially constructed and there are negative implications of socially constructed race due to the way the constitution was constructed . So, we must see how the laws apply to these ideas.
What is the Dred Scott case?
Tried to become free because he was in a state that said once you are a slave for a certain amount of time you are released from the bonds of slavery
Constitution was written in a way that not everyone can have citizenship therefore his case was denied.
What is Plessy vs Ferguson?
White passing man who sat in the certain section of the train
When he told people he was black, they told him he could not sit there and got arrested
What is Ozawaka case?
Japanese-American who wanted to gain American citizenship
Tried to show he was white based on the color of his skin because he had fair skin
They said no and that he had to be caucasian
What is Bhagat case?
An Indian man who was caucasian but did not appear white
Said that him being caucasian did not matter / was not relevant
What is Frontiero vs Richarson?
Spouses got a stipend if a man was serving in the military
She got a job in the military but not stipend was given to her husband
There was no difference other than sex
Won the case and given teh stipend
Shifted how we view sex
Used to talk about biological definitions
Said social construct wasn’t working → had to do with race also
What are Immutable Characteristics?
Implemented that race was based in biology and this was the reason that racial discrimination was problematic
Moved from Frontiero case addressing racial discrimination
What are the Philosophical conceptions of race (Charles Mills)?
Eliminativism / error theory
Race is not real and there is no such thing as race
Racial biologicalism
Race is real and is based in biology, but does not carry with it the concepts of racial purity or a hierarchy of the races
Antieliminativism constructionism
Race is real, but is a social kind rather than a biological kind, that is, race is socially constructed.
What is Peter Singers argument? State one example of it being implemented in life
If it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do it.
The kid drawing example
Ie Ruining your shoes vs risking your life
What is the threshold you would have to cross?
