AP Gov Quiz Review (3.10-3.13)

Civil Rights

The rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth Amendments; the idea that individuals are protected from discrimination based on characteristics such as race, national origin, religion, and sex.

-policies (Government's responsibility)

Civil Liberties

established by the Bill of Rights of the Constitution

-constraints on the governments

14th Amendment

-all citizens of the US are equal and must have equal protection of their rights (Equal Protection Clause)

-selective incorporation (pieces of the constitution are applied to the state governments as well)

-due process (expansion of the 5th amendment because it includes the state governments)

Plessy v Ferguson

"separate but equal" doctrine

-main holding that separate treatment did not imply inferiority of African American

-by itself, segregation did not in itself constitute unlawful discrimination

Hatch Amendment

created campaign expenditure limits on political parties and contribution to limits on individuals

-Hatch Act to allow most federal employees to engage actively in partisan political management and political campaigns.

Title II

one has the right to full and equal employment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation

Title IX

-bans educational institutions that receive federal funds from discriminating against female students

-holds school boards or districts responsible for both student-on-student harassment and harassment of students by teachers

-allows retaliatory lawsuits by coaches on behalf of their sports teams denied equal treatment by school boards

Title VII

-consideration of sexual harassment as sex discrimination

-inclusion of law firms in the coverage of the act

-broad definition of sexual harassment

-allowance of voluntary programs to redress historical discrimination against women

Civil Rights Act of 1964

-outlawed arbitrary discrimination in voter registration and sped up voting rights lawsuits

-barred discrimination in public accommodations involved in interstate commerce

-can withhold fed funds from discriminatory state and local programs

-prohibited discrimination in employment on grounds of race, religion, sex, etc

-created the EEOC

De Facto Segregation

segregation that results from practice rather than law

De Jure Dsicrimination

racial segregation that is a direct result of law or official policy

-Swann v Charlotte-Mecklenburg School District rule that all state imposed segregation must be eliminated at once

Voting Rights Act of 1965

-aimed to overcome barriers that prevent African Americans from exercising their right to vote (15th amendment)

-banned the use of literacy tests

-federal oversight of voter registration in areas where less than 50% of non white population had registered to vote

-authorized the US attorney general to investigate the use of poll taxes (banned at the fed level with the 24th amendment) in state and local elections

Kennedy's Executive Order 10925

-required government contractors to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin

Dixiecrats (State's Rights Democrats)

white southern democrats opposed to civil rights legislation

Limiting Minority's Rights

-grandfather clause (clause exempting individuals from voting conditions such as poll taxes or literacy rates if they or their ancestors had voted before 1870, thus sparing most white voters)

-literacy test

-poll tax

Letter From Birmingham Jail

-MLK

-1 (response to critics and explanation of purpose) nonviolent campaign steps (collection of facts, negotiation, self-purification, direct action)

2 response to timing, appeal to pathos, difference between just and unjust laws

3 greatest threat is the white moderate, force of complacency and force of violence due to loss of faith, rising fear (violence), positive connotation of extremist

4 disappoint of the white church (old vs modern( real heroes and the reality of policemen

National Organization for Women (NOW)

formed after the Equal Employment Opportunity Commission failed to enforce Title VII of the Civil Rights Act of 1964

-modeled after the NAACP

-goal was the achievement of equality either by Equal Rights Amendment or judicial decisions to broaden the scope of the Equal Protection Clause

Shaw v Reno

-discussion over racial gerrymandering

-North Carolina mapped out its districts to benefit the minority vote but the US Attorney General rejected it and 56 North Carolina residents challenged the constitutionality of the unusually shaped district

-court ruled that racial gerrymandering was unconstitutional

Colorblind Constitution

The belief that the Constitution protects citizens of all races equally, and that additional measures such as affirmative action are unnecessary.

Brown v Board of Education of Topeka (1954)

-was a consolidation of cases from KS, SC, VA, DE, and DC

-named petitioner was Linda Brown

-had to walk through unsafe condition despite all-white school closer to home

-Marshall (advocate) did not focus on tangibles

and used results from Clark's Doll Study

-unanimous decision: separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the 14th amendment

Regents v Bakke 1978

-Bakke had all the requirements but was rejected twice and therefore he sued demanding that this was a violation to the 14th amendment

-court ruled that Bakke's rejection to medical school had been illegal because the use of strict quotas for white and black students was inappropriate though the school was welcome to take race into account

Gratz v Bollinger 2003

-court ruled that the University of Michigan's racial preference policy violated the 14th amendment violated the 14th amendment because it mechanically awarded bonus points to applicants solely because of their race

Parents v Seattle School District 2007

court held that public school districts can't use race as the sole determining factors for assigning students to schools, even if they are doing so to achieve diversity

Sweatt v Painter 1950

herman Sweatt wanted to attend University of Texas Law School

-denied because of race

-UT created "Law School for Negros"

-in unanimous decision ruled that the Equal Protection Clause required Swatt to be admitted to the university

-argued that the mere separation from the majority of law students harmed students' ability to compete the legal arena

Thurgood Marshall

-served as Advocate for petitioner (Sweatt)

-argued that Plessy was measuring tangibles (access to specific facilities)

-Sweatt was measuring intangibles (prestige, opportunities)

-because of inequalities, no rational person would choose to go to the "Law School for Negros"

National Association for the Advancement of Colored People (NAACP)

-northern origins focused on litigation to bring about equality

Southern Christian Leadership Conference (SCLC)

-southern base and rooted in black religious culture

Student Nonviolent Coordinating Committee (SNCC)

-grassroots organization organizing activities on the young , both black and white, more radical than the SCLC

Sit Ins

-form of direct action that involves one or more people occupying an area for protest, often to promote political, social, or economic changr

Freedom Rides

-designed to shine the spotlight on segregated public accommodations by riding buses through the South

Women's Rights Movement

-commission on the Status of Women revealed discrimination against women in all areas of life

-the publication of Feminine Mystique by Betty Friedan which led some women to question their lives and status in society

-title VII of the Civil Rights Act of 1964 prohibited discrimination based on both sex and race

LGBTQIA Rights Movement

-1970s legal victories regarding HIV/AIDS discrimination

-1990s Clinton passed "Don't Ask, Don't Tell" which prevent harmful treatment and harassments of members of community in the military

-May 2015 national public support for same sex marriage rose to 60%

-June 2015 Court ruled same sex couples had the right to marry on the same terms as opposite sex couples

Equal Pay Act of 1963

legislation that requires employers to pay men and women equal pay for equal work

-due to limits of the intermediate standard of review and the fact that equal protection only applies to government discrimination

-still women's earnings equal about 75 to 80% of men's

Majority Rule with Minority Rights

-is the central premise of direct democracy in which only policies that collectively garner the support of majority voters will be made into law

-also stresses the preservation of minority rights as evidence by the BORs

Judiciary Debate

-this branch must balance compelling interests of the government and the people

-individual liberty vs government's desire to keep order and preserve the rights of others

Affirmative Action

-policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group

Civil Rights Act of 1991

-passed in response to SCOTUS that limited the rights of employees who had sued their employers for discrimination