AP Government Chapter 5: Civil Rights

civil rights

guarantees that ensure every person receives equal treatment, equal social opportunities, and protection from discrimination under the law

• example: equal protection, equal opportunities

equal protection clause

the section of the 14th Amendment that guarantees that all citizens receive “equal protection of the law”

• We all receive the same protection under the law (14th amendment)

13th amendment

bans slavery in the United States

14th amendment

guaranteed equal protection and due process of the law to all US citizens

15th amendment

prohibits denying the right to vote based on race or color

civil rights act of 1875

passed by Congress to enforce the 14th Amendment to guarantees of equal protection to African Americans

• Granted equal access to public accommodations among other provisions 

jim crow laws

laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations

poll tax

taxes levied in many southern states and localities that had to be paid before an eligible voter could case a ballot

• they were enforced because african americans couldn’t afford it

grandfather clause

voter qualification provision in many southern states that allowed only those citizens whose grandfather had voted before reconstruction to vote unless they passed a wealth or literacy test

Explain the part of the 14th Amendment that allows for the government to protect civil rights of certain individuals.

equal protection clause

The government cannot dictate that all men are created equal, but what explain the equality the government can attempt to create.

• We should have equality before the law, everyone should get a fair shot at the American Dream

• Everyone gets the same access to opportunities

Describe the first attempts to reconcile the slave vs. free state debate.

First attempt: Northwest ordinance 

• Anything north and west of the Ohio river would be free

Second: Missouri Compromise

• Anything in northern territory of Missouri would be free, and south would be slaves and people could decide out west 

What were the first two civil rights movements based around and what caused the two movements to split?

• Abolition: tried to end slavery 

• Women's suffrage 

• The movements split because a lot of women were getting upset that African American men would get the right to vote before them 

• Abolitionists were worried that women were putting their priority to vote over freeing slaves

Explain the circumstances of the case Dred Scott v. Sanford, the decision in the case, and the effect the case had on law and the government.

• Dred Scott was a slave and went to a free state with his owner and returned to Missouri and said that since he went to a free state he was a free man 

• He couldn't sue because at the time he wasn’t considered a US citizen (14th Amendment doesn’t exist yet)

Why was the 13th Amendment necessary even after the Emancipation Proclamation was put into effect?

• Lincoln put this into effect in the southern states but not the border states

• The 13th amendment was needed because after the war they still believed that slaves should be free

Describe how the South reacted to the passage of the 13th Amendment.

not happy because they wanted slavery

Why was the 14th Amendment necessary even after the Civil Rights Act of 1866?

• It granted citizenship to freed slaves 

• This was necessary because if it was in the constitution it would be permanently written down

Explain the debate, especially the opposition of women’s rights groups, to the 15th Amendment.

White women are against this because they aren't getting the right to vote but black men are

Trace the development of Jim Crow Laws.

• Segregation 

• Poll taxes 

• Literacy test

• Development: idea comes from reconstruction

• In the north all black votes were in a specific part of the state so they vote for the black candidate

How did the Supreme Court invalidate many of the clauses of the Civil Rights Act of 1875?

They decide that most of the civil rights acts are not validated because the states can interpret it how they want, the Bill of Rights haven’t been incorporated yet

Describe the system created by southern Whites to ensure African Americans did not vote, while still allowing southern Whites to vote, and the effect these tactics had on the government, especially in the South.

• Intimidation: a black man could come to vote and a white man could pull a gun on them and try and scare them, say they could vote if they vote their way

• Require poll taxes because they can’t afford the pay to vote

• Literacy test: a white person could pass but a black person couldn’t

separate-but-equal doctrine

• the supreme court decision in Plessy v. Ferguson created the separate but equal doctrine

• upheld segregation for blacks and whites and said this was equal

suffrage movement

the drive for the voting rights for women that took place in the US in the 19th and early 20th centuries until ratification of the 19th Amendment

19th Amendment

guaranteed women the right to vote

What and when was the Progressive Era?

• Instituting positive change in America for the people 

• Fixed social, economic, and political problems caused by industrialization, urbanization, and monopolies 

• 1890-1920

Explain the circumstances of the case Plessy v. Ferguson, the decision in the case, and the effect the case had on law and the government.

• Separate but equal, Plessy was mixed and went on the white train and wanted to challenge it, put into court, it was ruled allowed because it was separate but equal 

• Allowed to have separate train cars as long as they are equal 

• You can't deny a man to sit on a train but you can deny him to sit on a specific train

What is the NAACP, why was it founded, and what does it do today?

• National Association of the Advancement of Colored People

• Take enlightened african american thinkers and create a top down approach where they lead the civil rights movement for black people in the united states 

• Does pretty much the same thing today

  • Fights racism, advocates for policy changes, and drives civil rights litigation across the United States

What NAWSA and what actions did they take to accomplish their goals?

• National American Woman Suffrage Association

• They went on a state by state approach, complained in every state and tried to get people to advocate as well and fight for an amendment so they could vote

How did the NAACP attempt to win political equality during the 1930s and why did they take this route?

• Raising awareness and advocating 

• They didn't have political power to go after anyone and thought advocating would work and help people think the right way

How did the Supreme Court rule in the Gaines case and why were things different in the Court by the time this case was before them?

• Gaines graduated from a black college (Lincoln: primarily black school), there was no law school there so applied to the University of Missouri and he did not accept him because of Missouri state laws against black men attending

• said this violated the 14th amendment and sued to allow entry and the court denied his petitions and affirmed it. The us supreme court 

• Conclusion: the court said this was discrimination

• To keep black people off the University of Missouri campus they will build a law school on Lincoln campus to keep black kids separate

• Things were different because 

What was the strategy after Gaines for the NAACP, discuss the case of H.W. Sweatt and how it illustrated the different approach?

• They started to be more in your face and go directly after certain cases and tell people that they will step up for them 

H.W. Sweatt

• Applied to university of texas law school 

• State law restricted access to the blacks and his application was automatically rejected 

• The university said they could create a separate facility for black students and say it was separate but equal 

• This violated the equal protection clause

Describe the treatment of McLaurin and the Supreme Court’s ruling in both cases.

• Admitt mclaurin to college but says he can be in the same class and has to stay out in the hallway (Oklahoma State)

• He claims he isn't even getting the same education 

• Supreme court allows him in and says this is unconstitutional

What role did Harry S Truman play in desegregation?

He desegregated the army and branches of the military

What was the argument of the NAACP and Thurgood Marshall in the Brown case?

• A consolidation of cases where african american students aren't admitted ot schools because they were African American  

• They can't go to specific schools even if they are close to their house, they had to go to black schools (they were bad schools and unsafe)

• Argued that the segregation violated the equal protection law 

• They said separate but equal was okay but didn't apply to this because the all black schools were terrible so it was not equal 

• Segregation of education violated the 14th amendment 

Explain the Opinion of the Court in Brown vs. the Board of Education of Topeka, Ks.

ruled that racial segregation in public schools violates the equal protection clause of the 14th amendment

civil rights act of 1964

outlawed segregation in public facilities and discrimination in employment, education, and voting; created the Equal Opportunity Commission

• This got rid of discrimination by making segregation and unequal treatment prohibited under the law 

equal pay act of 1963

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

title IX

prohibited sex-based discrimination in federally funded education programs

equal rights amendment

a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex

What was decided in Brown v. Board of Education II and why were federal judges given power instead of state judges?

• this made schools complete desegregate

• federal judges were given the power to insure equality

Describe how African Americans in Montgomery, Alabama acted to secure civil rights in the South in 1955.

Protests, these were to change people's minds and move people 

Describe the tactics, with examples, of how the SCLC and the SNCC combatted the lack of civil liberties in the African American community in the 1950s and 1960s.

• SCLC: Southern Christian Leadership Conference

  • Non-violent approach

  • Idea of being a christian organization and using religion to inform people how to act 

• SNCC: Student Non-violent Coordinating Committee

  • Nonviolent protests against racial segregation during the American civil rights movement. 

Describe the events in Alabama in 1963 and how it led to more help coming from the highest ranks of the US government.

• They were releasing dogs on people 

• Using intense fire hoses that can break bones

• The cops are set lose 

• Governors are getting the state militias to this 

What are the provisions of the Civil Rights Act of 1964?

• prohibits discrimination based on race, color, religion, sex, or national origin in various areas, including employment, public accommodations, and education

• aimed to end segregation in schools and address inequalities in voting

On what grounds was the Civil Rights Act challenged in the courts, what was the decision of the Court in regards to it?

• The Heart of Atlanta Motel: refused to accept black americans, the government sought to enjoin the motel from discriminating on the basis of race under Title II

• They are saying since it isnt government owned they dont have authority to say who they can and can't let in their motel

• Decided that the government can tell them to desegregate

Why did women’s rights groups split apart from the civil rights groups and what were the goals and strategies of the National Organization of Women?

• White women were upset that black men could vote before them

• They really wanted their equality

Describe the key events that led to the creation of a new movement for women?

• Provide more way for women to participate in society 

  • Raise awareness to get more women in certain fields

• Statues of women commission

What victories were there for women in Title VII of the Civil Rights Act of 1964, but why were these not conclusive victories?

• Women wanted jobs but couldn’t get equal pay

• Men were getting paid more back then because they were educated 

• The Equal Pay Act of 1963 was legislation that requires employers to pay men and women equal pay for equal work

Why does unequal pay among the sexes still exist?

Women need to continue to advocate for change

What are the major aspects and results of Title IX of the Education Amendment of 1972?

• They are trying to get more women involved in education

  • Playing sports 

  • Earning degrees

chinese exclusion act

prohibited all new immigration into the US from China

lgbt community

minority group based on sexual orientation and gender identity that includes lesbian, gay, bisexual, and transgender (LGBT) people, along with those questioning or queer, intersex, or asexual (QIA)

americans with disabilities act

designed to guarantee accommodations and access for people with a wide range of disabilities

Why was the LULAC formed?

To end discrimination and inequality of races

What did the Supreme Court decide in Hernandez v. Texas?

The Supreme Court ruled that it was unconstitutional to exclude Mexican Americans from jury service, affirming their right to equal protection under the law.

What role did Cesar Chavez and Dolores Huerta play in helping Hispanics gain rights in the US?

• Cesar Chavez: Came up with the American Farming Association to get equal rights to other farmers in America 

  • Most Mexican Americans were farmers

• Dolores Huerta: put this stuff together for him, equal partner, but he was the one who went out to speak 

How did the MALDEF form and what were their goals?

• NAACP for hispanics

• Established by Mexican American civil rights attorneys and activists 

• They were frustrated by discrimination including the widespread exclusion of Mexican Americans

Describe the legislative victories of the MALDEF.

Voting right extensions for Mexican Americans

What are the goals of the NHLA?

• advocating for policies that improve the quality of life for Hispanics

• promoting civil rights

• increasing Hispanic participation in all aspects of American society.

Describe the actions taken by Native Americans in the 1960s to secure their rights.

• Red power movement: people of indian decent social movement 

• Indians civil rights act: tried to make sure Indians had the same rights as everyone else 

• Native rights fund: petitioned for land from the federal government 

Describe the treatment of Asian immigrants to the US in the 1800s and into the first half of the 20th century.

• A system of exclusion, widespread racial violence, and denial of basic civil rights and citizenship

• Economic discrimination

Describe how the Supreme Court seemed to agree with Asian Americans access to civil liberties, but then seemingly switch their opinion.

• The court established landmark protections for civil liberties using Asian American cases in the late 19th century, this upheld 

• Naturalization act that said you must be a naturalized citizen to be considered a citizen

  • You parent had to of been one

In question 9, what is the difference in the type of cases the Supreme Court was ruling on in regards to Asian Americans, what does this say about the power the federal government had during this time period?

The idea of after naturalization act the federal government had a lot of power to decide who is a citizen or not through this

How did Asian Americans and Mexican Americans come together during the 1960s and 1970s?

The delano grapes strike puts asian and mexican farmers together to get the best prices for their goods

What was the Civil Liberties Act?

• A US federal law that granted a formal presidential apology and $20,000 in reparation to surviving Japanese Americans who were wrongfully incarcerated during WWII

  • Korematsu: Japanese attack on Pearl harbor, people had to move into camps and the guy stayed in his home and refused to leave and was later arrested 

  • The evacuation order was seen as valid from the court because it was to ensure national safety- strict scrutiny

What early victories did various the LGBT(QIA) community win in the courts?

• Freedom of speech

• assembly

• basic civil rights

What is “Don’t Ask, Don’t Tell” and how was it revised under Pres. Obama?

• You can be in the military if your gay but you just can’t talk about it

• Revised under Obama and he allowed them to be openly gay

What changed in terms of transgender soldiers under Pres. Obama? Will this change?

• transgender soldiers were allowed to serve openly in the military

  • marking a significant shift towards inclusivity

  • aimed to eliminate discrimination based on gender identity, allowing individuals to serve without fear of dishonorable discharge due to their identity.

What was decided in Lawrence v. Texas and what effect has this had on the LGBT community in terms of discriminatory laws?

• Houston police entered John Lawrence’s home and saw him and another man, Tyron Garner, engaging in a private sexual act

• They were both arrested

• The jury stated that engaging in private sexual acts is protected under due process clause

What was decided in United States v. Windsor and Obergefell v. Hodges?

Obergefell v. Hodges

• if someone was married gay in one state they were married gay in other states as well even if they didn’t support it under the due process clause of the 14th amendment

What legal/political issues does the LGBT community face today?

• employment discrimination

• transgender healthcare

• school discrimination

• sports participation

• restrooms

What role did veterans play in winning rights for disabled Americans?

the return of hundreds of thousands of disabled veterans from WWI & WWII highlighted the need for advocacy

• Since they sacrificed for their government, the government needs to take care of them

What are the guarantees in the Americans with Disabilities Act?

• equal opportunity

• full participation

• independent living

• economic self sufficiency

• cannot discriminate

• provide accessibility

standards of review

are judicial scrutiny levels applied in evaluating the constitutionality of laws, often categorized as strict scrutiny, intermediate scrutiny, and rational basis.

• are the three tests the Supreme Court uses to determine if a law or government action violates the Equal Protection Clause of the Fourteenth Amendment

suspect classification

• specific category (race), highest level of scrutiny

  • Court will take this on immediately 

strict scrutiny

highest level, race and national origin discrimination, religion

affirmative action

• set of policies and procedures designed to improve employment, educational, and contracting opportunities for historically underrepresented 

• People must hire and accept into colleges to open the door to more people who previously faced discrimination 

intermediate standard of review

• middle level, gender discrimination, sex free speech

rational basis standard of review

• lowest level, tax laws, economic regulations

  • The government almost always wins because this is serious

Describe how the Supreme Court determines what constitutes a violation of the “equal protection of the law?”

They use the 14th Amendment and apply different tiers of scrutiny based on the group or right affected

How does the determining of a violation change when it comes to fundamental freedoms?

• Suspect classification: specific category (race), highest level of scrutiny

  • Court will take this on immediately 

  • Race is the most important because it affects more people

• Rational Basis Review: lowest level, tax laws, economic regulations

  • The government almost always wins because this is serious

• Intermediate Scrutiny: middle level, gender discrimination, sex free speech

• Strict Scrutiny: highest level, race and national origin discrimination, religion 

What does the state have to prove if a legal challenge is brought as a suspect classification?

must prove that the law is strict scrutiny

How was the strict scrutiny standard articulated in Korematsu v. US?

• They said this was strict scrutiny because it was racial discrimination

• The courts said it was okay because we were in war

What is the relationship between Pres. Trump’s travel ban and the decision in Korematsu v. US?

• He viewed these countries as a threat to America 

  • Terrorist attack, spies, capturing 

• Used Korematsu vs. US as an idea and to show that he can pose a threat and implement the ban

How have the courts ruled in affirmative action cases involving the University of Michigan?

• Affirmative action: set of policies and procedures designed to improve employment, educational, and contracting opportunities for historically underrepresented 

• People must hire and accept into colleges to open the door to more people who previously faced discrimination 

• Gratz. V. Bollinger: said that colleges were awarded points to underrepresented minority applicants

• Colleges will take more of a specific race to balance things out instead of looking at their education if they were stuck between kids

• Affirmative action is a policy designed to give special attention or compensatory treatment to members of a previously disadvantaged group

How can colleges and universities use race and gender in determining admission, according to the Supreme Court?

achieve diversity

How did the intermediate standard of review come into being and how and why is it used?

• is a standard of review in which the Court determines whether classifications serve an important governmental objective and are substantially related to serving that objective. Gender-related legislation automatically accorded this level of review

Describe the rational basis standard of review and the court decision it arose from?

• Lowest level, age mental capacity

• The rational basis standard of review is a standard of review in which the Court determines whether any rational foundation for the discrimination exists. Legislation affecting individuals based on age, wealth, mental capacity are generally given this level of review

Of all the standards of review, if the courts determine one is applicable how are they to start? (Are they supposed to start with the assumption the law is constitutional or unconstitutional according to each standard of review)

• Going to assume it is constitution because it exists, not going to assume it’s unconstitutional