Unit 8: Civil Rights Flashcards
Civil rights
Protects groups from discrimination
Civil liberties
Protects individuals from government actions
In criminal matters, civil liberties are what?
Civil liberties are a balance between the states’ police powers and the people’s due process rights.
The States’ Police Powers are reserved by what?
Reserved for the state by the Tenth Amendment.
The States’ Police Powers saw what?
State governments are empowered to act to preserve the health, safety, general welfare, and morals of their citizens.
Government cannot deprive citizens of civil liberties without what?
Due process of law
Guaranteed by the Due Process Clauses:
1) Fifth Amendment (applies to the Federal government)
2) Fourteenth Amendment (applies to state governments)
Due process takes two forms in American law:
1) Procedural due process
2) Substantive due process
Procedural due process
Government must follow established legal practices when enforcing the law (Ex.: search warrants, Miranda rights).
Substantive due process
Acts of government (like laws) must be fair; not discriminatory, arbitrary, unjust or “stupid.”
What amendments is procedural due process in?
Fourth, Fifth, Sixth, & Eighth
Substantive due process is up to what?
Judicial interpretation
Thirteenth Amendment
Forbids “involuntary servitude” (slavery)
Fourteenth Amendment
Has 3 major provisions:
1) Citizenship Clause
2) Due Process Clause
3) Equal Protection Clause
Citizenship Clause
Legally defines who is a U.S. citizen.
Equal Protection Clause
States must ensure laws guard the civil rights of all citizens.
Fifteenth Amendment
Guarantees the right to vote regardless of race.
Twenty-Fourth Amendment
Bans poll taxes
Civil Rights Act of 1964 Title II
Forbids discrimination in public accommodations (such as hotels, restaurants, etc.). Those who discriminate get sued by the Justice Department.
Civil Rights Act of 1964 Title VI
Forbids discrimination in Federally funded programs. Those who discriminate lose funding.
Civil Rights Act of 1964 Title VII
Forbids discrimination in jobs (both hiring & promotion) and labor unions.
The Civil Rights Act of 1964 created what?
Created the Equal Employment Opportunity Commission
(EEOC) to enforce Title VII with lawsuits.
Later EEOC decisions forbade what?
Sexual harassment
Bostock v. Clayton County (2020)
Sup. Court rules Title VII protects LGBTQ. Another case decided at the same time also adds transgender people.
Civil Rights Act of 1964 Title IX (1972)
Outlaws sex discrimination in Federally funded schools.
The Voting Rights Act of 1965
Bans literacy tests as a voting qualification
1975 renewal of The Voting Rights Act of 1965
Any area where 5% or more of eligible voters belong to a “language minority” must provide non-English election materials (Expires 2032).
What did Congress repeal in the Voting Rights Act of 1965 in 2006?
Congress repealed the provision for Federal examiners monitoring elections & registering voters.
What did Congress invalidate in the Voting Rights Act of 1965 in 2013?
The Supreme Court invalidated the old formula determining which areas were subject to “preclearance” of new election laws by the Justice Department.
Civil Rights Act of 1968 (Open Housing Act)
Forbids discrimination in renting or selling a dwelling, those who discriminate get sued by the Justice Department.
Americans with Disabilities Act (ADA) (1990)
Extended the Civil Rights Act of 1964 to protect the physically and mentally handicapped. Facilities must make accommodations for the disabled (Ex.: wheelchair access)
“Disability” was defined by what?
The plaintiff
In 1999, the Americans with Disabilities Act limited what?
The Supreme Court limited who is protected by the ADA. Those who can fully function in society with simple corrective measures aren’t covered.
Classification
When an act of government (such as a law) makes a distinction between different kinds of people
When classifications are challenged in Federal court, they must meet different legal standards to be ruled constitutional:
1) rational basis standard (lowest)
2) intermediate standard
3) strict scrutiny (highest)
Rational basis standard
Used for classifications based on age, wealth, etc.
Intermediate standard
Used for classifications based on gender
Strict scrutiny
Used for suspect classifications (race, nat. origin) & when fundamental rights are involved.
Brown v. Board of Education of Topeka, Kansas (1954) ruled what?
Ruled public schools segregated de jure (by law) violate the 14th Amendment’s Equal Protection Clause and established a legal basis for desegregation in other areas of society.
Brown v. Board of Education overturned what case?
Overturned Plessy v. Ferguson (1896) & the “separate but equal” doctrine
Baker v. Carr (1962) & Wesberry v. Sanders (1964)
Established the legal principle of “one man, one vote” under the E.P. Clause.
Baker v. Carr case
Gave Federal courts jurisdiction over challenges to legislative districts.
Wesberry v. Sanders case
Ruled states’ legislative districts must be equal in population. Reduced the influence of rural voters, and increased that of urban voters.
Affirmative Action
- Policies giving preferential treatment to historically disadvantaged groups
- Businesses guilty of discrimination can be made (or choose) to hire and/or promote quotas of people belonging to historically disadvantaged groups.
Does affirmative action violate the 14th Amendment’s Equal Protection Clause? Several Supreme Court cases have addressed this…
- Wards Cove Packing Co. v. Atonio (1989)
- Adarand Construction v. Pena (1995)
- Students for Fair Admissions v. Harvard (2023)
Wards Cove Packing Co. v. Atonio (1989)
Statistical imbalances alone are not proof of job discrimination.
Adarand Construction v. Pena (1995)
Government affirmative action programs are to be held to the highest legal standard (strict scrutiny).
Students for Fair Admissions v. Harvard (2023)
Racial preferences in college admissions do violate the 14th Amendment’s Equal Protection Clause.