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affirmative action
Programs of private and public institutions favoring minorities and women in hiring and contracting, and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity.
Civil Rights
Guarantees of equal treatment by government
officials regarding political rights, the judicial system, and
public programs.
De Facto Discrimination
Unequal treatment by private
individuals, groups, and organizations.
De Jure Discrimination
Unequal treatment based on
government
laws and regulations.
Due Process Clause
The section of the Fourteenth
Amendment
that prohibits states from depriving anyone
of life, liberty, or property “without due process of law,” a
guarantee
against arbitrary or unfair government action.
Equal Protection Clause
The section of the Fourteenth
Amendment that provides for equal treatment by government
of people residing within the United States and each of its
states.
Grandfather Clause
A device that allowed whites who had
failed the literacy test to vote anyway by extending the franchise
to anyone whose ancestors had voted before 1867.
Intermediate Scrutiny
A legal test falling between ordinary
and strict scrutiny relevant to issues of gender; under this
test, the Supreme Court will allow gender classifications
in laws if they are substantially related to an important government
objective.
Jim Crow
Popular term for the system of legally sanctioned
racial segregation that existed in the American South from the
end of the 19th century until the middle of the 20th century.
Literacy Test
A device used by the southern states to prevent
African Americans from voting before the passage of
the Voting Rights Act of 1965, which banned its use; usually
involved interpretation of a section of a state’s constitution.
Poll Tax
A tax to be paid as a condition of voting; used in
the South to keep African Americans away from the polls.
Privileges or Immunities Clause
The portion of the
Fourteenth
Amendment that says states may not make laws
that abridge the rights granted to people as citizens of the
United States.
Strict Scrutiny
The assumption that actions by elected
bodies
or officials violate the Constitution.
Suspect Classification
The invidious, arbitrary, or irrational
designation of a group for special treatment by
government,
whether positive or negative; historically, used
in laws to discriminate against visible minorities without the
power to protect themselves.
White Primaries
Primary elections open only to whites in
the one-party South, where the only elections that mattered
were the Democratic Party’s primaries; this effectively disenfranchised
blacks.