Affirmative Action

Which amendments protects against unreasonable discrimination?

The 14th Amendment

What are the three standards used to asses if a law is constitutional regarding discrimination?

Rational Basis Test

Intermediate Scrutiny

Strict Scrutiny

What is the Rational Basis Test, and when is it applied?

It asks if the distinction achieves a legitimate government purpose. Applied to cases like age restrictions

What is intermediate Scrutiny, and what type of discrimination does it most often apply to?

It asks if the distinction is “substantially related to an important government objective’ Most often applies to sex-based discrimination

What is Strict Scrutiny and when is it applied?

The highest standard— requires a “compelling state interest”. Applied to a race-based distinctions

What must the government prove to justify a law under Strict Scrutiny?

A compelling state interest and the law is narrowly tailored to achieve that interest.

what is segregation?

The legal separation of groups based on race

What is the difference between de jure and de facto segregation?

de jure = segregation by law

de facto = segregation by custom/housing patterns

What supreme Court established the “separate but equal” doctrine?

Plessy V. Ferguson

Which case overturned “separate buy equal”?

Brown V. Board of Education

What is affirmative action?

Policies allowing race/ethnicity to be considered in admissions/hiring to remedy past discrimination and promote diversity.