Unit 5 Flashcards
The Voting Rights Act of 1965
A bill that protects people of color from discrimination in voting (related to the 15th Amendment of 1870).
Also abolished the use of literacy requirements for anyone who completed the sixth grade.
The Civil Rights Act of 1964
A bill that protects people of color from discrimination on the basis of race (related to the 14th Amendment of 1868). Made racial discrimination in public accommodations illegal.
Forbade many forms of job discrimination and strengthened voting rights.
Commerce Clause
Located in Article 1, Section 8. It authorizes the power of the federal government to regulate interstate commerce.
Also helped the Civil Rights Act move beyond Education.
What are the two equalities being fought?
Equality of Opportunity and Equality of Outcome.
Equality of Opportunity
All citizens should have the chance to be rewarded equitably.
Equality of Outcome
There should be greater uniformity in political, economic, and social power between various societal groups.
- The nation is less committed to this equality.
What are the two legislations related to the Dred Scott v. Sanford (1857) case?
The Missouri Compromise and the Compromise of 1850.
Missouri Compromise
A piece of legislation that relates to states that can or cannot permit slavery depending on the region. (ie. Northern States did not permit slavery.)
Compromise of 1850
Established “popular sovereignty” - allowing states to decide if they are a free/slave state.
Relates to the idea that people are sovereign.
What are some examples of Jim Crow laws?
Jim Crow laws are essentially segregationist practices. Some examples include: the white primary, poll tax, grandfather clause.
Importance of Plessy v. Ferguson (1896)
It established the “separate but equal” doctrine. This relates to the 14th Amendment and states that people of color and white are considered “separate but equal.”
The Court establishes that they can create separate but equal facilities.
Importance of Brown v. Board of Education (1954)
Overturned the “separate but equal doctrine” with a uniform 9-0 Supreme Court decision.
Affirmative Action
A policy of the government that remedies past discrimination, both in education and employment.
Significance of Affirmative Action
It allowed people of color who were originally discriminated against to have a better opportunity, or “push” by the government, to pursue education and jobs in the workforce.
Civil Rights
Policies that protect people against arbitrary or discriminatory treatment by government officials or individuals.
The Equal Protection Clause
A principle tool for waging struggles for equality.
Significance of Fourteenth Amendment
Forbids the states from denying anyone “equal protection of the laws.”
Standards of Review
- Inherently Suspect / “Strict Scrutiny” - Classifications are deemed “unconstitutional” if they do not narrowly serve some compelling government interest.
- Intermediate Scrutiny - Classifications are neither constitutional or unconstitutional; must have a substantial relationship with an important government goal.
- Reasonable - Classifications are constitutional and bear a rational relationship with a legitimate government purpose.
Examples of “Strict Scrutiny” Classifications
- Race
- Religion
- National Origin
Example of Intermediate Scrutiny
- Gender
Examples of Reasonable Scrutiny
- Age
- Wealth
Significance of the Civil Rights Cases of 1883
These cases held that the 13th and 14th Amendment did not outlaw racial discrimination by private businesses and individuals.
What was the core of Americans’ beliefs in Equality?
Education.
“De jure” vs. “De facto” segregation
“De jure” segregation refers to “by law” segregation, which is considered unconstitutional. “De facto” segregation” is “in reality” segregation.
ex. Children are assigned to schools near their homes, and those homes are in neighborhoods that are racially segregated for social and economic reasons.
Minority Majority
A situation where Americans who are members of minority groups will outnumber Americans of European descent.
Writ of Habeas Corpus
A legal petition that is sent to a judge by the detained/imprisoned inmate, who challenges their conviction or sentencing conditions.
Significance of Bakke v. Davis (1978)
Bakke was a white applicant to a med school, and was rejected due to the quota system that was embedded in UC Davis’ admissions program. He sued the university and argued that he was reversely discriminated.
A compromise prevailed between the divided Supreme Court:
1. Setting aside a number of minority students (quotas) was unconstitutional.
2. Race could be considered in the admissions process, but cannot be a determining factor.
What cases affected the Bakke v. Davis court decision?
- Gratz v. Bollinger: dealt with undergrad admissions and worked under a point system (similar to the quota system) and was ultimately deemed unconstitutional.
- Grutter v. Bollinger: dealt with law school admissions and worked with a holistic approach (where race was only a consideration in the admissions process) and was upheld.
Pros of Affirmative Action
- We have to use the authority of the government to further close gaps in the nation (in regards to race and gender).
- The Supreme Court has ruled that these policies are constitutional (under the 14th Amendment).
- There is no reverse discrimination. (Racing metaphor)
Cons of Affirmative Action
- AA demean minorities because people will believe they only benefit under special circumstances.
- When race/gender is used, it hurts more. People argue that we should keep these categories out of policies completely.
- Never achieve an equal society unless we fully acknowledge the accomplishments of minority groups without government interference.
- Reverse discrimination (Bakke v. Davis).
