APGOV CH 5: Civil Rights
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Dred Scott v. Sandford
1857 - SC ruled that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. Invalidated the Missouri Compromise.
Plessy v. Ferguson
1896 - SC provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the White and colored races" was constitutional.
Brown v. Board of Education
1954 - Reversed Plessy v. Ferguson. School segregation was inherently unconstitutional because it violated the 14th Amendment's guarantee of equal protection.
Korematsu v. US
1944 - SC upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during WWII.
Regents of the University of California v. Bakke
1978 - SC held that a state university could not admit less qualified individuals solely because of their race.
Reed v. Reed
1971 - any "arbitrary" gender-based classification violated the equal protection clause of the 14th Amendment. First time SC declared any laws unconstitutional on the basis of gender discrimination.
Craig v. Boren
1976 - SC established the "medium scrutiny" standard for determining gender discrimination.
Harris v. Forklift
1993 - SC said no single factor is required to win a sexual harassment case under TItle VII of the 1964 Civil Rights Act. The law is violated when the workplace environment "would reasonably be perceived, and is perceived, as hostile or abusive."
Swann v. Charlotte-Mecklenberg County School
1971 - SC upheld the busing of students to achieve racially balanced schools
Farragher v. city of Boca Raton
1998 - Employers are responsible for preventing and eliminating harassment at work.
Ended slavery and involuntary servitude. Ratified after the Civil War
Forbids the states from denying to anyone "equal protection of the laws."
1870 - extended suffrage to African Americans
Civil Rights Act of 1964
Made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination. Created EEOC.
Voting Rights Act of 1965
A law designed to help end formal and informal barriers to African American suffrage. Prohibited use of voting procedures that denied a person the vote on the basis of race or color.
Title IX of Secondary Education Act
Forbade gender discrimination in federally subsidized education programs, including athletics.
Indian Claims Act
1946 - settled financial disputes arising from lands taken from the Native Americans.
1973 - added people with disabilities to the list of Americans protected from discrimination. "inaccessible environment" = discrimination -> Braille, wheelchair ramps, etc.
Americans with Disabilities Act
Required employers and administrators of public facilities to make "reasonable accommodations" and prohibiting employment discrimination against people with disabilities.
Defense of Marriage Act
Permits states to disregard gay marriages, even if they are legal elsewhere in the U.S.
CA Proposition 209
Banned state affirmative action programs based on race, ethnicity, or gender in public hiring, contracting, and educational admisions.
Policies designed to protect people against arbitrary or discriminitory treatment by government officials or individuals.
Supreme Court 3 level of Scrutiny for Equal Protection Clause
- Racial classifications - inherently suspect. Only uphold them if they serve a "compelling public interest". Acceptable if they are made to remedy past discrimination.
- Other (age, wealth, etc.) - reasonable, easy to meet.
- Gender - Intermediate standard, moderately difficult to meet.
Reconstruction v. Resegregation
- Reconstruction - rebuild the South and bring it back into the Union.
- Resegregation - After Hayes pulled troops out of South and let the southerners have space to reclaim power and impose Jim Crrow laws on African Americans
De facto v. De jure segregation
- de facto - in reality
- de jure - by law
White primaries, literacy tests, etc.
- All methods used to prevent African Americans from voting.
- Grandfather clause - didn't have to take literacy tests if grandpa eligible to vote in 1860.
- White primary - In South could exclude African Americans from voting in primary elections.
- Stopped by Voting Rights Act of 1965.
A legal doctrine that deprived married women of any identity separate from that of their husbands; wives couldn't sign contracts or dispose of property.
- Feminist movement lost momentum after winning the vote b/c disagreed on other goals.
- State laws reinforced traditional family roles - limited women's work opportunities so could concentrate on duties at home.
- Public policy designed to preserve traditional motherhood.
Women are paid less than men for working at jobs requiring comparable skill.
Declaration of Sentiments
- July 19, 1848
- Patterned after the Declaration of Independence
- Began women's suffrage movement
ERA and NOW
- Equal Rights Amendment - "equality of rights under the law shall not be denied or abridged by teh US or by any state on account of sex". Never got passed.
- National Organization for Women - women's rights group - wants ERA passed
Equal Employment Opportunity Commission. Created by Civil Rights Act of 1964 to monitor and enforce protections against job discrimination.
Gray Liberation Movement
- People in their eighties make up the fastest-growing-age group in tis country.
- Its members approach the status of a minority majority.
- Have gotten rid of compulsory retirement age and working on stopping age discrimination.
fear and hatred of homosexuals
A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
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